; (2) in paragraph (8), by striking the period at the end and inserting , and ; and (3) by adding after paragraph 8 the following new paragraph: (9) provides that in determining whether a violation is repeated, the State shall consider the employer’s violations within the State, in conjunction with the employer’s history of violations under other States’ occupational safety and health plans approved by the Secretary and the employer’s history of violations in those States where the Secretary has jurisdiction under this Act, in a manner that is at least as effective as provided under section 17. . V National Institute for Occupational Safety and Health 501. Health hazard evaluations by the National Institute for Occupational Safety and Health Section 20(a)(6) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 669(a)(6) ) is amended by striking the second sentence and inserting the following: The Secretary shall determine following a written request by any employer, authorized representative of current or former employees, physician, other Federal agency, or State or local health department, specifying with reasonable particularity the grounds on which the request is made, whether any substance normally found in the place of employment has potentially toxic effects in such concentrations as used or found or whether any physical agents, equipment, or working condition found or used has potentially hazardous effects