I

103D CONGRESS

2D SESSION H. R. 5266

To amend the Occupational Safety and Health Act of 1970 to assist small

business in compliance with such Act.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1994

Mr. HAYES (for himself, Mr. DIXON, Mr. STENHOLM, Mr. SUNDQUIST, and

Mr. TAUZIN) introduced the following bill; which was referred to the

Committee on Education and Labor

A BILL

To amend the Occupational Safety and Health Act of 1970

to assist small business in compliance with such Act.

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 AND REFERENCE.

4 (A) SHORT TITLE.—This Act may be cited as the

5 ‘‘Small Business Occupational Safety and Health Compli6 ance Incentive Act’’.

7 (b) REFERENCE.—Whenever in this Act an amend8 ment or repeal is expressed in terms of an amendment

9 to, or repeal of, a section or other provision, the reference
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1 shall be considered to be made to a section or other provi2 sion of the Occupational Safety and Health Act of 1970.

3 SEC. 2. STATE CONSULTATION PROGRAMS.

4 Section 23(g) (29 U.S.C. 672(g)) is amended by in5 serting ‘‘(1)’’ after ‘‘(g)’’ and by adding at the end the

6 following:

7 ‘‘(2) In the case of grants to States under paragraph

8 (1), the Federal share shall be a percent greater than 50

9 but not more than 75 percent, as determined by the Sec10 retary and the State, if the State establishes programs

11 which demonstrate, over a period determined by the Sec12 retary and the State, that such State meets the State plan

13 requirements of section 18(c). A State which receives a

14 Federal share greater than 50 percent, shall use the addi15 tional amount received under such increased Federal share

16 to carry out its consultation program to enable employers

17 to consult with the State or the Secretary respecting their

18 responsibilities under the Act and to provide education

19 and training to employers respecting such responsibilities,

20 including methods of hazard identification and mitigation.

21 ‘‘(3) The Secretary shall provide technical and other

22 assistance to States for the establishment and operation

23 of programs under which employers may consult with

24 State or Federal officials respecting compliance with the
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1 applicable State or Federal occupational safety and health

2 requirements.’’

3 SEC. 3. FEES.

4 Any employer with less than 100 employees shall not

5 be subject to any fee which may be established under the

6 Occupational Safety and Health Act of 1970 if such em7 ployer solicits consultation services under section 23(g)(2)

8 of such Act and the Secretary has not found such em9 ployer to be in violation of this Act within the previous

10 12 months.

11 SEC. 4. INSPECTIONS.

12 (a) GENERAL RULE.—Any employer with less than

13 100 employees shall not be subject to an inspection under

14 section 8 of the Occupational Safety and Health Act of

15 1970 if such employer requests a consultation visit under

16 section 23(g)(2) of such Act and the entity providing the

17 consultation services under such section determines by fol18 low-up visits or other methods that such employer has in19 stituted its recommendations after such consultation.

20 (b) EXCEPTION.—Subsection (a) does not prevent the

21 Secretary from—

22 (1) conducting an inspection or investigation in

23 response to any employee complaint, issuing cita24 tions for violations found during such inspection,

25 and proposing penalties for violations found during
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1 such inspection which are not corrected in a reason2 able period of time;

3 (2) taking any action authorized by this Act

4 with respect to imminent dangers; and

5 (3) taking any action authorized by this Act

6 with respect to a report of a workplace incident

7 which results in a fatality or hospitalization of 3 or

8 more employees,

9 SEC. 5. PENALTIES.

10 If an employer of less than 100 employees abates an

11 other than willful hazard under the Occupational Safety

12 and Health Act of 1970 in what is deemed a reasonable

13 period of time by the entity providing consultation services

14 under section 23(g)(2) of such Act and if during any sub15 sequent inspection of such employer it is determined that

16 such employer does not have any such hazard, any civil

17 penalty imposed on such employer for the hazard abated

18 shall be based on the cooperation and due diligence of such

19 employer in abating such hazard and shall in no event ex20 ceed $1000.

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