Models of Safety and Health Excellence Act of 1999

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Models of Safety and Health 
Excellence Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) since 1982 the Occupational Safety and Health 
        Administration has conducted voluntary protection programs 
        designed to recognize excellence in occupational safety and 
        health;
            (2) Such programs have fostered partnerships between 
        employers, employees and the Occupational Safety and Health 
        Administration to improve workplace safety and health through 
        the implementation of effective safety and health programs;
            (3) employers participating in such programs provide their 
        employees with a level of protection that substantially exceeds 
        the level of protection provided by compliance with the 
        requirements of the Occupational Safety and Health Act of 1970; 
        and
            (4) as a result of these efforts, employers participating 
        in such programs have experienced injury and illness rates that 
        are on average less than half of their respective industry 
        averages, sparing thousands of America's working families 
        needless workplace tragedies.
    (b) Purposes.--The purposes of this Act are to--
            (1) recognize the exemplary leadership of voluntary 
        protection programs participants in improving occupational 
        safety and health at workplaces;
            (2) encourage other employers to adopt such approaches to 
        protect their workers; and
            (3) to codify such programs to ensure that the Occupational 
        Safety and Health Administration continues to develop them in 
        the future.

SEC. 3. VOLUNTARY PROTECTION PROGRAMS.

    (a) In General.--The Secretary of Labor or the Secretary's 
authorized representative shall establish and carry out voluntary 
protection programs (in this section referred to as ``programs'') to 
promote and recognize the achievement of worksites that demonstrate 
excellence in workplace health and safety. The Secretary may choose, in 
limited situations, to alter the application requirements in order to 
expand the scope of worksites participating in the programs to include 
nonstandard worksites such as short term construction sites and mobile 
worksites. The Secretary shall encourage the participants in the 
programs to share occupational safety and health expertise with other 
employers. The Secretary shall also encourage the participation of 
small business (as that term is defined by the Administrator of the 
Small Business Administration) in the programs by implementing outreach 
and assistance initiatives in cooperation with program participants and 
shall develop program requirements that address the needs of small 
businesses. The Secretary may provide for the development of equivalent 
programs in State plan States.
    (b) Program Requirements.--A program shall include the following:
            (1) Application.--Applications for participation in the 
        programs must be signed by the worksite's management and to 
        demonstrate sufficient employee support. Employers who 
        volunteer under the programs shall be required to submit an 
        application to the Secretary of Labor demonstrating that the 
        worksite, with respect to which the application is made, meets 
        such requirements as the Secretary may require for 
        participation in the program. Requirements for excellence shall 
        include demonstrations of exemplary comprehensive programs to 
        assure--
                    (A) top level management leadership and active and 
                meaningful employee involvement;
                    (B) systematic assessment of hazards;
                    (C) comprehensive hazard prevention, mitigation, 
                and control programs;
                    (D) employee safety and health training; and
                    (E) safety and health program evaluation.
            (2) Onsite evaluations.--There shall be onsite evaluations 
        of each permanent worksite by representatives of the Secretary 
        and others from the private and public sector as determined by 
        the Secretary.
            (3) Information.--Employers who are approved by the 
        Secretary for participation in a program shall assure the 
        Secretary that such information as is necessary to evaluate the 
        employer's application and continued participation in the 
        program is made available to the Secretary.
            (4) Reevaluations.--Periodic reevaluations by the Secretary 
        shall be required for continued participation in a program.
    (c) Program Administration.--
            (1) Exemptions.--A worksite which has been selected to 
        participate in a program shall, while participating in the 
        program, be exempt from inspections or investigations under the 
        Occupational Safety and Health Act of 1970, except that the 
        exemption shall not apply to inspections or investigations 
        arising from employee complaints, fatalities, catastrophes, or 
        significant toxic releases.
            (2) Program acceptance and continued participation.--
        Decisions regarding acceptance into the program and continued 
        participation in the program will be based on the applicant's 
        superior safety and health performance, as determined by the 
        Secretary or the Secretary's authorized representatives.
            (3) Program participation.--Decisions regarding 
        participation in a program are in the sole discretion of the 
        Secretary or an authorized representative of the Secretary.

Summary: Models of Safety and Health Excellence Act of 1999 - Directs the Secretary of Labor to establish and carry out voluntary protection programs to promote and recognize the achievement of worksites that demonstrate excellence in workplace health and safety. Authorizes the Secretary, in limited situations, to alter program application requirements to include nonstandard worksites such as short-term construction sites and mobile worksites. Directs the Secretary to encourage: (1) program participants to share occupational safety and health expertise with other employers. (2) the participation of small business in the programs, through outreach and assistance initiatives and program requirements that address the needs of small businesses. Authorizes the Secretary to provide for development of equivalent programs in State-plan States (under the Occupational Safety and Health Act of 1970 (OSHA)). Sets forth program requirements for applications, on-site evaluations, information, and reevaluations. Exempts worksites participating in the program from inspections or investigations under OSHA, except inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. Requires decisions regarding acceptance into, and continued participation in, the program to be based on the applicant's superior safety and health performance, as determined by, and in the sole discretion of, the Secretary or the Secretary's authorized representatives.