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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 8453 Impact on employees us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 92 POWERPLANT AND INDUSTRIAL FUEL USE 8453 42 U.S.C. § 8453 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s8453 data/legal/raw/us/code/title-42/usc42.xml 9615a154bdf5217fd06c33f335696142b42387b752a78fe721245011f5121df3 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e f45e9157ca3fc330dfbc12b4cc8cdfb2715a8fee89ad5534a95cf457476870f7 2026-07-04 official
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42 U.S.C. § 8453 - Impact on employees

Text

(a) Evaluation The Secretary shall conduct continuing evaluations of potential loss or shifts of employment which may result from any prohibition under this chapter, including, if appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such prohibition. The results of such evaluations and each investigation shall promptly be made available to the public.

(b) Investigation and hearings On a written request filed with the Secretary by or on behalf of any employee who is discharged or laid off, threatened with discharge or layoff, or otherwise discriminated against, by any person because of the alleged effects of any such prohibition, the Secretary shall investigate the matter and, at the request of any party, shall hold public hearings, after not less than 30 days notice, at which the Secretary shall require the parties, including any employer involved, to present information on the actual or potential effect of such prohibition on employment and on any alleged employee discharge, layoff, or other discrimination relating to prohibitions and the detailed reasons or justification therefor. At the completion of such investigation, the Secretary shall make findings of fact as to the effect of such prohibition on employment and on the alleged employee discharge, layoff, or discrimination and shall make such recommendations as he deems appropriate. Such report, findings, and recommendations shall be available to the public. The Secretary of Labor shall participate in each such investigation.

(c) Rule of construction Nothing in this section shall be construed to require or authorize the Secretary to modify or withdraw any prohibition under this chapter.

(Pub. L. 95620, title VII, § 743, Nov. 9, 1978, 92 Stat. 3342.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 95620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.