II 

116TH CONGRESS 

2D SESSION S. 4496 

To direct the Secretary of Labor to promulgate an occupational safety and 

health standard that requires covered employers to protect employees 

from injury and death related to grease trap manholes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2020 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To direct the Secretary of Labor to promulgate an occupational safety and health standard that requires covered 

employers to protect employees from injury and death 

related to grease trap manholes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bryce Raynor Act of 

5 2020’’. 


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1 SEC. 2. OCCUPATIONAL SAFETY AND HEALTH STANDARD 

2 REGARDING GREASE TRAP MANHOLES. 

3 (a) DEFINITIONS.—In this section, the terms ‘‘em4 ployee’’ and ‘‘employer’’ have the meanings given the 

5 terms in section 3 of the Occupational Safety and Health 

6 Act of 1970 (29 U.S.C. 652). 

7 (b) INTERIM FINAL STANDARD.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Secretary of 

10 Labor shall promulgate an interim final occupational 

11 safety and health standard protecting employees 

12 from death and injury related to grease trap man13 holes that— 

14 (A) shall be included as a new section in 

15 subpart D of part 1910 of title 29, Code of 

16 Federal Regulations or any successor subpart, 

17 with the heading ‘‘Grease Trap Manholes’’; and 

18 (B) requires employers to protect all em19 ployees from falling in or tripping on grease 

20 trap manholes by— 

21 (i) ensuring that the grease trap man22 holes and surrounding areas are inspected 

23 regularly and in accordance with clause 

24 (iv) and maintained in a safe condition, 

25 consistent with paragraphs (1), (2), and 

26 (3) of section 1910.22(d) of such subpart; 


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1 (ii) ensuring that, consistent with sec2 tion 1910.28(b)(3) of such subpart, each 

3 employee— 

4 (I) is protected from falling 

5 through any grease trap manhole 

6 opening that is 4 feet (1.2 meters) or 

7 more above a lower level by a cover, 

8 guardrail system, travel restraint sys9 tem, or personal fall arrest system; 

10 and 

11 (II) is protected from tripping 

12 into or stepping into or through any 

13 grease trap manhole opening that is 

14 less than 4 feet (1.2 meters) above a 

15 lower level by a cover or guardrail sys16 tem; 

17 (iii) ensuring that each grease trap 

18 manhole opening— 

19 (I) has a cover that, consistent 

20 with the requirements of section 

21 1910.29(e) of such subpart— 

22 (aa) is capable of sup23 porting, without failure, at least 

24 twice the maximum intended load 


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1 that may be imposed on the cover 

2 at any one time; 

3 (bb) is manufactured for 

4 commercial use; 

5 (cc) is secured by a bolt or 

6 locking mechanism to prevent ac7 cidental displacement; and 

8 (dd) is made of round cast 

9 iron, or metal of a similar con10 struction rated for heavy road 

11 traffic, with sufficient weight to 

12 prevent unauthorized access; and 

13 (II) has a secondary protection 

14 device consisting of a screen or net15 ting sufficient to prevent a person 

16 from falling into the grease trap man17 hole opening; and 

18 (iv) ensuring that each grease trap 

19 manhole and cover for a grease trap man20 hole opening is inspected twice a year to 

21 ensure that the cover is made of metal, 

22 locked, and can support twice the max23 imum intended load. 

24 (2) NOTICE AND COMMENT.—Notwithstanding 

25 any other provision of section 6 of the Occupational 


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1 Safety and Health Act of 1970 (29 U.S.C. 655), the 

2 Secretary of Labor shall, prior to promulgating the 

3 interim final standard under paragraph (1), provide 

4 notice of the interim final standard and a 30-day op5 portunity for public comment. 

6 (3) EFFECTIVE DATE OF INTERIM FINAL

7 STANDARD.— 

8 (A) IN GENERAL.—The interim final 

9 standard promulgated under paragraph (1) 

10 shall— 

11 (i) take effect on a date specified by 

12 the Secretary of Labor that is not later 

13 than 30 days after the date of promulga14 tion, except that such interim final stand15 ard may include a reasonable phase-in pe16 riod for the implementation of required en17 gineering controls that take effect after 

18 such date; 

19 (ii) have the legal effect of, and be en20 forced in the same manner as, an occupa21 tional safety and health standard promul22 gated under section 6(b) of the Occupa23 tional Safety and Health Act of 1970 (29 

24 U.S.C. 655(b)); and 


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1 (iii) be in effect until the final stand2 ard described in subsection (c)(2) becomes 

3 effective and enforceable. 

4 (B) FAILURE TO PROMULGATE.—If an in5 terim final standard described in paragraph (1) 

6 is not promulgated by the date that is 2 years 

7 after the date of enactment of this Act, the pro8 visions of such paragraph shall be in effect and 

9 enforced in the same manner as any standard 

10 promulgated under section 6(b) of the Occupa11 tional Safety and Health Act of 1970 (29 

12 U.S.C. 655(b)) until such provisions are super13 seded in whole by an interim final standard 

14 promulgated by the Secretary that meets the 

15 requirements of paragraph (1). 

16 (c) FINAL STANDARD.— 

17 (1) PROPOSED FINAL STANDARD.—Not later 

18 than 30 months after the date of enactment of this 

19 Act, the Secretary of Labor shall, pursuant to sec20 tion 6 of the Occupational Safety and Health Act of 

21 1970 (29 U.S.C. 655), promulgate a proposed final 

22 standard protecting employees from death and in23 jury related to grease trap manholes that shall in24 clude, at a minimum, the elements contained in the 


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1 interim final standard promulgated under subsection 

2 (b). 

3 (2) FINAL STANDARD.—Not later than 42 

4 months after the date of enactment of this Act, the 

5 Secretary of Labor shall, pursuant to section 6 of 

6 the Occupational Safety and Health Act of 1970 (29 

7 U.S.C. 655), promulgate a final standard protecting 

8 employees from death and injury related to grease 

9 trap manholes. Such final standard shall include, at 

10 a minimum, the elements contained in the interim 

11 final standard promulgated under subsection (b). 

Æ 


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