National Institute For Occupational Safety and Health - NIOSH Authority

NIOSH Authority

Unlike its counterpart, the Occupational Safety and Health Administration, NIOSH is not a regulatory agency. It does not issue safety and health standards that are enforceable under US law. Rather, NIOSH's authority under the Occupational Safety and Health Act is to "develop recommendations for health and safety standards", to "develop information on safe levels of exposure to toxic materials and harmful physical agents and substances," and to "conduct research on new safety and health problems." NIOSH may also "conduct on-site investigations (Health Hazard Evaluations) to determine the toxicity of materials used in workplaces" and "fund research by other agencies or private organizations through grants, contracts, and other arrangements." NIOSH was intended to function as an agency at the same level as, and independent from, the Centers for Disease Control. NIOSH was initially placed within the Centers for Disease Control in order to obtain administrative support from the Centers until NIOSH was ready to assume those responsibilities for itself; The Centers, however, never relinquished control and the original intent of the Act never came to pass.

Also, pursuant to its authority granted to it by the Mine Safety and Health Act of 1977, NIOSH may "develop recommendations for mine health standards for the Mine Safety and Health Administration", "administer a medical surveillance program for miners, including chest X-rays to detect pneumoconiosis (black lung disease) in coal miners", "conduct on-site investigations in mines similar to those authorized for general industry under the Occupational Safety and Health Act; and "test and certify personal protective equipment and hazard-measurement instruments."