I

103D CONGRESS

1ST SESSION H. R. 115

To strengthen the authority to require safe workplaces for Federal and

Postal Service employees, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. CLAY introduced the following bill; which was referred to the Committee

on Post Office and Civil Service

SEPTEMBER 9, 1993

Additional sponsors: Mr. MCCLOSKEY, Mr. SAWYER, Mr. SANDERS, Ms.

PELOSI, Mr. ACKERMAN, Mr. FORD of Michigan, Mr. JACOBS, Mr. RANGEL, Mr. WATT, Mr. JEFFERSON, Mr. TOWNS, Mr. BERMAN, Mr. ROMERO-BARCELO ́, Mrs. CLAYTON, Mrs. MALONEY, Mr. TUCKER, Mrs.

MINK, Mr. YOUNG of Alaska, Mrs. MORELLA, Mr. KLINK, Mr. FILNER,

Mr. HASTINGS, Mr. HINCHEY, Mr. PARKER, Mr. KOPETSKI, Ms.

DANNER, Mr. BLACKWELL, Mr. SERRANO, Mr. LEHMAN, Mr. BROWN of

California, Mr. LANTOS, Ms. NORTON, Ms. ESHOO, Mr. FOGLIETTA, Mr.

LAFALCE, Mr. CONYERS, Ms. VELA ́ZQUEZ, Mr. BECERRA, Mr. TORRES,

and Mr. DELLUMS

A BILL

To strengthen the authority to require safe workplaces for

Federal and Postal Service employees, and for other

purposes.

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

2 This Act may be cited as the ‘‘Federal and Postal

3 Service Employees Occupational Safety and Health Act of

4 1993’’.

5 SEC. 2. FEDERAL OCCUPATIONAL SAFETY AND HEALTH

6 PROGRAMS.

7 (a) NEW SUBCHAPTER.—Chapter 79 of title 5,

8 United States Code, is amended—

9 (1) by inserting before section 7901 the follow10 ing:

11 ‘‘SUBCHAPTER I—GENERAL PROVISIONS’’;

12 (2) by striking out section 7902; and

13 (3) by adding at the end the following:

14 ‘‘SUBCHAPTER II—FEDERAL OCCUPATIONAL

15 SAFETY AND HEALTH

16 ‘‘§ 7911. Employee rights and obligations

17 ‘‘Each employee of an agency—

18 ‘‘(1) shall have the right to employment and a

19 place of employment which are free from recognized

20 safety and health hazards that are causing or are

21 likely to cause death or serious physical harm to em22 ployees;

23 ‘‘(2) shall comply with occupational safety and

24 health standards and all rules, regulations, and or25 ders issued pursuant to this subchapter and section

26 6 of the Occupational Safety and Health Act of
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1 1970, and all executive orders issued pertaining to

2 occupational safety and health, which are applicable

3 to the employee’s own actions and conduct; and

4 ‘‘(3) shall have the right to report unsafe or

5 unhealthful working conditions to appropriate offi6 cials without fear of reprisal.

7 The rights of employees under this section are in addition

8 to any other rights which such employees may have.

9 ‘‘§ 7912. Duties of agencies

10 ‘‘(a) The head of each agency shall—

11 ‘‘(1) furnish employees of such agency employ12 ment and a place of employment which are free from

13 all recognized hazards that cause or are likely to

14 cause death or serious physical harm to any such

15 employees;

16 ‘‘(2) comply with occupational safety and health

17 standards and rules, regulations, and orders issued

18 pursuant to this subchapter or section 6 of the Oc19 cupational Safety and Health Act of 1970, except

20 that an agency or safety and health program of an

21 agency may incorporate, apply, and provide for safe22 ty and health standards more stringent than those

23 promulgated under such section 6 pursuant to col24 lective bargaining;
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1 ‘‘(3) acquire, maintain and require the use of

2 such safety equipment, personal protective equip3 ment and clothing, and devices as are reasonably

4 necessary to protect employees of such agency from

5 unsafe or unhealthful conditions in the performance

6 of their duties; and

7 ‘‘(4) ensure that the safety and health program

8 established under subsection (c) and the agency em9 ployees who administer such program have the

10 funds, authority, training, and qualified personnel to

11 effectively carry out the requirements of this sub12 chapter.

13 ‘‘(b)(1) The head of each agency shall appoint a Des14 ignated Agency Safety and Health Officer (hereinafter in

15 this subchapter referred to as a ‘DASHO’). The DASHO

16 shall perform such functions as the head of the agency

17 may from time to time prescribe in establishing and carry18 ing out the agency health and safety program.

19 ‘‘(2) The head of each agency shall appoint such

20 other subordinate Deputy Designated Agency Safety and

21 Health Officials each of which shall (hereinafter in this

22 subchapter be referred to as a ‘Deputy DASHO’) at var23 ious organizational levels as are necessary to assure that

24 the agency’s health and safety program is carried out at

25 all organizational levels.
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1 ‘‘(c)(1) The head of each agency shall establish and

2 carry out a comprehensive, agency-wide occupational safe3 ty and health program to reduce or eliminate hazards and

4 to prevent injuries and illnesses to employees in each agen5 cy worksite. Such programs shall be established and car6 ried out in consultation with employees and, if employees

7 are represented by a bargaining agent, such programs

8 shall be consistent with the bargaining unit structure in

9 the agency or worksite and shall be subject to collective

10 bargaining.

11 ‘‘(2) Each agency shall establish, by regulation, and

12 carry out a written safety and health program in each

13 worksite that includes—

14 ‘‘(A) methods and procedures for identifying,

15 evaluating, and documenting safety and health haz16 ards, including investigating work-related illnesses,

17 injuries, and deaths and inspecting worksites under

18 subsection (d);

19 ‘‘(B) methods and procedures for correcting the

20 safety and health hazards identified under subpara21 graph (A), including responding to situations that

22 present serious or imminent danger to employees;

23 ‘‘(C) methods and procedures for providing

24 emergency response first-aid and other occupational

25 health services;
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1 ‘‘(D) methods and procedures for employee par2 ticipation in the implementation of the agency’s

3 safety and health program, including participation

4 through a safety and health committee established

5 under section 7913, where applicable;

6 ‘‘(E) methods and procedures for providing

7 safety and health training and education to employ8 ees and to members of a safety and health commit9 tee established under section 7913;

10 ‘‘(F) the designation of representatives of the

11 agency who have the qualifications, responsibility,

12 and equipment to identify safety and health hazards

13 and the authority to initiate corrective action, where

14 appropriate;

15 ‘‘(G) in the case of a worksite where employees

16 of 2 or more agencies work, procedures for each

17 agency to protect employees at the worksite from

18 hazards under the agency’s control, including proce19 dures to provide information on safety and health

20 hazards to other agencies and employees at the

21 worksite; and

22 ‘‘(H) such provisions as the Secretary requires

23 to effectuate the purposes of this subchapter.

24 ‘‘(3) Each such program shall provide for the devel25 opment of abatement plans to eliminate any working con-
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1 ditions that are unsafe or unhealthful. Such plans shall

2 provide for the establishment of time periods for actions

3 to be undertaken and for review by the head of the agency

4 of actions taken to determine if such conditions were elimi5 nated. The safety and health committee of the agency and

6 the employee bargaining agent (if any) shall be notified

7 of actions taken under the plans and of the results of the

8 review by the head of the agency.

9 ‘‘(4) The head of each agency shall file with the Sec10 retary of Labor the safety and health program adopted

11 by the agency. The Secretary shall review the program for

12 conformance with this subchapter and shall report annu13 ally to the head of each agency and the Congress on the

14 findings of the review.

15 ‘‘(5)(A) The Secretary shall, within 12 months after

16 the effective date of the Federal and Postal Service Em17 ployees Occupation Safety and Health Act of 1993, issue

18 final regulations on agency safety and health programs re19 quired by this subsection which shall take effect no later

20 than 18 months after such effective date.

21 ‘‘(B) The regulations of the Secretary under subpara22 graph (A) respecting an agency’s safety and health pro23 gram shall—

24 ‘‘(i) provide for training and education of em25 ployees, including posting of notices, in a manner
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1 that is readily understood by such employees con2 cerning safety and health hazards, control measures,

3 the agency’s safety and health program, employee

4 rights and obligations, the protections afforded

5 under section 7920, and applicable laws and regula6 tions, and provide at the time of selection to employ7 ees who are selected to be safety and health commit8 tee members the training and education that is nec9 essary to carry out the activities of the committee

10 under section 7913;

11 ‘‘(ii) require that refresher training be provided

12 on at least an annual basis and that additional

13 training be provided to employees and to safety and

14 health committee members when there are changes

15 in conditions or operations that may expose employ16 ees to new or different safety or health hazards or

17 when there are changes in safety and health regula18 tions or standards under this subchapter that apply

19 to the agency; and

20 ‘‘(iii) provide that any specific program or

21 training requirements imposed by regulations issued

22 under section 6 of the Occupational Safety and

23 Health Act of 1970 may be combined or coordinated

24 with the agency’s safety and health program.
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1 ‘‘(C) The agency shall permit employees to take such

2 time from work as is reasonably necessary to receive train3 ing and education and participate in the agency’s safety

4 and health program. Training and education provided in

5 accordance with the regulations of the Secretary shall be

6 considered hours worked and shall be provided by an agen7 cy at no cost, and with no loss of pay, benefits, or senior8 ity, to employees of the agency.

9 ‘‘(6) The head of each agency shall develop and im10 plement a program for evaluating the effectiveness of the

11 agency’s safety and health programs on an annual basis.

12 ‘‘(d)(1) In order to carry out the purposes of this sub13 chapter, the head of each agency shall ensure that each

14 worksite of such agency is inspected at least annually, and

15 at such additional times in a year—

16 ‘‘(A) as needed—

17 ‘‘(i) in the case of a worksite where there

18 is an unreasonable or serious risk of accident,

19 injury, or illness; or

20 ‘‘(ii) to ensure the abatement of hazardous

21 conditions; and

22 ‘‘(B) as may be required under paragraph (2).

23 Inspections may be conducted on an announced or unan24 nounced basis.
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1 ‘‘(2)(A) Any employee of an agency and any rep2 resentative of such employee may report to the DASHO

3 or Deputy DASHO in such agency any unsafe or

4 unhealthy working condition and may request an inspec5 tion under paragraph (1) of the worksite where such con6 dition exists. Upon the request of the individual making

7 such report, the agency shall not disclose the identity of

8 any individual who makes such report except to an author9 ized representative of the Secretary of Labor.

10 ‘‘(B) If a report is made under subparagraph (A),

11 an inspection shall be conducted under paragraph (1)—

12 ‘‘(i) within 12 hours after the receipt of such

13 report in the case of a condition which presents an

14 imminent danger to the safety and health of employ15 ees of the agency;

16 ‘‘(ii) within 3 calendar days after the receipt of

17 such report in the case of a condition which presents

18 a potentially serious risk to the safety and health of

19 employees of agency; or

20 ‘‘(iii) within 20 calendar days after the receipt

21 of such report in the case of a condition other than

22 1 described in clause (i) or (ii).

23 ‘‘(C)(i) If an inspection is conducted under paragraph

24 (1), and it is determined on the basis of such inspection

25 that a danger at the worksite exists that could reasonably
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1 be expected to cause serious physical harm or death, the

2 inspector conducting such inspection shall notify the em3 ployee in charge of such worksite, the affected employees

4 in such worksite, the representative of such employees (if

5 any), the worksite’s safety and health committee, and the

6 agency DASHO, of such danger. The employee in charge

7 of such a worksite or an employee authorized to act on

8 such employee’s behalf shall take such action as may be

9 appropriate to remove employees from such danger and

10 to abate such danger.

11 ‘‘(ii) An inspector who determines that a danger de12 scribed in clause (i) exists at a worksite shall record in

13 writing the procedures followed in the inspection which led

14 to the discovery of such danger and the findings which

15 are the basis for the determination that such danger

16 exists.

17 ‘‘(iii) Each agency shall follow such procedures as the

18 Secretary of Labor has prescribed for the posting of no19 tices of dangers found in an inspection conducted under

20 paragraph (1).

21 ‘‘(e)(1) Each agency shall make, keep and preserve,

22 and make available to the Secretary or the Secretary of

23 Health and Human Services, such records regarding its

24 activities relating to this subchapter as the Secretary, in

25 cooperation with the Secretary of Health and Human
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1 Services, may prescribe by regulation as necessary or ap2 propriate for the enforcement of this subchapter or for de3 veloping information regarding the causes and prevention

4 of occupational accidents and illnesses.

5 ‘‘(2) Each agency shall maintain accurate records of,

6 and to make periodic reports on, work-related deaths, inju7 ries, and illnesses, and a work-related illness reported by

8 an employee or an employee’s physician, unless the agency

9 makes a reasonable determination that the illness is not

10 work related. The records and reports required under this

11 section shall be made available to the Secretary, to the

12 Secretary of Health and Human Services, to employees

13 and their representatives and to agency safety and health

14 committees.

15 ‘‘(3) Each agency shall maintain accurate records of

16 employee exposures to potentially toxic materials or harm17 ful physical agents which are required to be monitored or

18 measured under section 6 of the Occupational Health and

19 Safety Act of 1970. Each agency shall provide employees

20 or their representatives with an opportunity to observe

21 such monitoring or measuring, and to have access to the

22 records thereof, and shall also make appropriate provision

23 for each employee or former employee to have access to

24 such records as will indicate that individual’s own expo25 sure to toxic materials or harmful physical agents. Each
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1 agency shall promptly notify any employee who has been

2 or is being exposed to toxic materials or harmful physical

3 agents in concentrations or at levels which exceed those

4 prescribed by an applicable occupational safety and health

5 standard promulgated under section 6 of the Occupational

6 Health and Safety Act of 1970, and shall inform any em7 ployee who is being thus exposed, of the corrective action

8 being taken.

9 ‘‘§ 7913. Safety and health committees

10 ‘‘(a) The head of each agency shall establish a safety

11 and health committee (hereinafter in this section referred

12 to as the ‘committee’) at each worksite at which 11 or

13 more employees are employed, except as provided in sub14 section (d). The head of each agency shall make available

15 to such committees all information and assistance relevant

16 and necessary for carrying out the duties of the commit17 tees.

18 ‘‘(b)(1) Each committee shall have the right, within

19 reasonable limits and in a reasonable manner, to—

20 ‘‘(A) review any safety and health program es21 tablished under section 7912;

22 ‘‘(B) review incidents resulting in work-related

23 deaths, injuries, and illnesses, and complaints re24 garding safety or health hazards by employees or

25 committee members;
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1 ‘‘(C) review, upon request of agency or em2 ployee representatives on the committee, the agen3 cy’s work injury and illness records, other than per4 sonally identifiable medical information, and other

5 reports or documents relating to occupational safety

6 and health;

7 ‘‘(D) conduct inspections of the worksite at

8 least once every 3 months and in response to com9 plaints regarding safety or health hazards by em10 ployees or committee members;

11 ‘‘(E) conduct interviews with employees in con12 junction with inspections of the worksite;

13 ‘‘(F) conduct meetings at least once every 3

14 months and maintain written minutes of such meet15 ings;

16 ‘‘(G) call special meetings, where necessary,

17 with advance notice to members of the committee,

18 employees, and representatives of employee bargain19 ing agents;

20 ‘‘(H) observe the measurement of employee ex21 posure to toxic materials and harmful physical

22 agents;

23 ‘‘(I) establish procedures for the committee;

24 ‘‘(J) make, and receive a response from the

25 agency to—
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1 ‘‘(i) recommendations on behalf of the

2 committee (including the separate views of any

3 member of the committee); or

4 ‘‘(ii) recommendations on behalf of the

5 agency or employee representatives on such

6 committee, to the agency for improvements in

7 the agency safety and health program and for

8 the correction of hazards to employee safety or

9 health;

10 ‘‘(K) accompany the head of the agency or the

11 head of the agency’s representative during any phys12 ical inspection of the worksite under section

13 7912(d), and the Secretary or the Secretary’s rep14 resentative during any physical inspection of the

15 worksite under section 7914;

16 ‘‘(L) review any allegation of reprisals taken

17 against employees who have taken action in accord18 ance with this subchapter;

19 ‘‘(M) request inspections by the head of the

20 agency or the Secretary of Labor as needed to en21 sure a hazard-free workplace;

22 ‘‘(N) upon direction of at least one-half of the

23 members of the committee, report to the Secretary

24 of Labor on—
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1 ‘‘(i) deficiencies in the safety and health

2 program;

3 ‘‘(ii) deficiencies in actions of the agency in

4 connection with reprisals taken against employ5 ees; and

6 ‘‘(iii) deficiencies in actions of the agency

7 in connection with reports of hazardous working

8 conditions;

9 ‘‘(O) comment on proposed standards, where

10 applicable; and

11 ‘‘(P) attempt to correct a condition which was

12 the subject of a complaint, and if the committee can13 not correct such condition, refer the complaint to the

14 DASHO involved.

15 ‘‘(2) The agency shall permit members of the commit16 tee to take such time from work as is reasonably necessary

17 to carry out the functions of the committee, without suf18 fering any loss of pay or benefits for time spent on duties

19 of the committee.

20 ‘‘(c)(1) Each committee shall consist of the employee

21 safety and health representatives elected or appointed

22 under paragraph (3) and, up to an equal number of

23 agency representatives.

24 ‘‘(2) Each committee shall, in any calendar year, in25 clude—
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1 ‘‘(A) 1 employee safety and health representa2 tive at each worksite where the average number of

3 nonmanagerial employees of the agency during the

4 preceding calendar year was more than 10, but less

5 than 51;

6 ‘‘(B) 2 employee safety and health representa7 tives at each worksite where the average number of

8 nonmanagerial employees of the agency during the

9 preceding calendar year was more than 50 but less

10 than 101; or

11 ‘‘(C) at each worksite where the average num12 ber of nonmanagerial emloyees of the agency during

13 the preceding calendar year was more than 100, 2

14 employee safety and health representatives plus 1

15 additional representative for every unit of 100 by

16 which such average exceeds 100, except that not

17 more than a total of 6 employee safety and health

18 representatives shall be allowed under this subpara19 graph.

20 ‘‘(3) The agency’s nonmanagerial employees shall, in

21 accordance with procedures under subsection (d)(1), select

22 employee safety and health representatives by and from

23 among themselves, as follows:

24 ‘‘(A) Where none of the agency’s employees at

25 a worksite are represented by an exclusive bargain-
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1 ing representative, the employees shall select em2 ployee safety and health representatives. An em3 ployee shall have the right to seek to be an employee

4 safety and health representative and to otherwise

5 participate in the selection process without being

6 subject to penalties, discipline, employer inter7 ference, or reprisal of any kind.

8 ‘‘(B) Where the agency’s employees are rep9 resented by a single exclusive bargaining representa10 tive, the bargaining representative shall designate

11 the employee safety and health representatives.

12 ‘‘(d) The Secretary shall, within 12 months after the

13 effective date of the Federal and Postal Service Employees

14 Occupational Safety and Health Act of 1993, issue regula15 tions on safety and health committees. Such regulations

16 shall be effective within 18 months after such effective

17 date. Such regulations shall include provisions relating

18 to—

19 ‘‘(1) the functioning of committees, including

20 the selection of employee safety and health rep21 resentatives, the terms of employee safety and health

22 representatives, and maintenance of records; and

23 ‘‘(2) the functioning of committees and the

24 number of employee safety and health representa25 tives—
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1 ‘‘(A) where an agency’s employees do not

2 primarily report to or work at a fixed location;

3 ‘‘(B) with regard to worksites with less

4 than 11 employees of an agency;

5 ‘‘(C) where employees of more than 1

6 agency employer are employed; and

7 ‘‘(D) where more than 1 exclusive bargain8 ing representative has been certified to rep9 resent the agency’s employees or where some

10 but not all of the employees are represented by

11 an exclusive bargaining representative.

12 ‘‘(e) The rights and remedies provided to employees

13 and employee safety and health representatives by this

14 section are in addition to any other rights and remedies

15 provided by contract, by other provisions of this sub16 chapter, or by other applicable law, and are not intended

17 to alter or affect such rights and remedies.

18 ‘‘§ 7914. Inspections and investigations by the Sec19 retary

20 ‘‘(a) In order to carry out the purposes of this sub21 chapter, the Secretary is authorized—

22 ‘‘(1) to enter without delay any facility, site, es23 tablishment or other area, work place, or environ24 ment where work is performed by an employee of an

25 agency; and
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1 ‘‘(2) to inspect and investigate, within reason2 able limits and in a reasonable manner, any such

3 place of employment and all pertinent conditions,

4 structures, machines, apparatus, devices, equipment,

5 and materials therein, and to question privately any

6 such agency employee or official.

7 ‘‘(b) In making any inspection or investigation under

8 this subchapter, the Secretary may require the attendance

9 and testimony of witnesses and the production of evidence

10 under oath. Witnesses who are not employees of the agen11 cy shall be paid the same fees and mileage that are paid

12 witnesses in the courts of the United States. In case of

13 contumacy, or a failure or refusal of any person to obey

14 such an order, any district court of the United States or

15 the United States courts of any territory or possession,

16 within the jurisdiction of which such person is found, re17 sides, or transacts business, upon the application by the

18 Secretary, shall have jurisdiction to issue to such person

19 an order requiring such person to appear to produce evi20 dence if, as, and when so ordered, and to give testimony

21 relating to the matter under investigation or in question,

22 and any failure to obey such order of the court may be

23 punished by such court as a contempt thereof.

24 ‘‘(c)(1) Subject to regulations issued by the Sec25 retary, a representative of the agency and a representative
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1 authorized by its employees shall be given an opportunity

2 to accompany the Secretary or an authorized representa3 tive of the Secretary during the physical inspection of any

4 workplace under subsection (a) for the purpose of aiding

5 such inspection. Time spent by an employee on any such

6 inspection shall be deemed to be time worked and no em7 ployee shall suffer any loss of pay, benefits, or seniority

8 for having participated in the inspection. Where there is

9 no authorized employee representative, the Secretary or

10 the Secretary’s authorized representative shall consult

11 with a reasonable number of employees concerning mat12 ters of health and safety in the workplace.

13 ‘‘(2) A representative of the Administrator of General

14 Services shall, upon request of the Secretary, accompany

15 the Secretary in an inspection under this section of a facil16 ity subject to the authority of the Administrator.

17 ‘‘(d)(1) Any employees or representative of employees

18 who believe that a violation of this subchapter or a safety

19 or health standard exists that threatens physical harm, or

20 that an imminent danger exists, may request an inspection

21 by giving notice to the Secretary or the Secretary’s author22 ized representative of such violation or danger. Any such

23 notice shall set forth with reasonable particularity the

24 grounds for the notice, and a copy of the notice if written

25 or a summary of the notice if oral shall be provided the
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1 agency no later than at the time of inspection, except that,

2 upon the request of the person giving such notice, such

3 person’s name and the names of any employees referred

4 to therein shall not appear in such copy or on any record

5 published, released, or made available pursuant to sub6 section (e). If upon receipt of such notification the Sec7 retary determines there are reasonable grounds to believe

8 that such violation or danger exists, the Secretary shall

9 make a special inspection in accordance with the provi10 sions of this section as soon as practicable to determine

11 if such violation or danger exists. If the Secretary deter12 mines there are no reasonable grounds to believe that a

13 violation or danger exists, the Secretary shall notify the

14 employees or representative of the employees in writing

15 of such determination within 30 days after receipt of the

16 request for inspection. The Secretary shall make a special

17 inspection in accordance with this section upon notifica18 tion from any Federal or State agency that there are rea19 sonable grounds to believe that a violation of this sub20 chapter or safety and health standard under section 6 of

21 the Occupational Safety and Health Act of 1970 exists

22 that threatens physical harm.

23 ‘‘(2) Prior to or during any inspection of a workplace,

24 any employees or representative of employees employed in

25 such workplace may notify the Secretary or any represent-
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1 ative of the Secretary responsible for conducting the in2 spection, in writing, of any violation of this subchapter

3 which they have reason to believe exists in such workplace.

4 The Secretary shall, by regulation, establish procedures

5 for informal review of any refusal by a representative of

6 the Secretary to issue a citation with respect to any such

7 alleged violation and shall furnish the employees or rep8 resentative of employees requesting such review a written

9 statement of the reasons for the Secretary’s final disposi10 tion of the case.

11 ‘‘(e)(1) The Secretary and the Secretary of Health

12 and Human Services are authorized to compile, analyze,

13 and publish, either in summary or detailed form, all re14 ports or information obtained under this subchapter.

15 ‘‘(2) The Secretary and the Secretary of Health and

16 Human Services shall each prescribe such rules and regu17 lations as each may deem necessary to carry out their re18 sponsibilities under this subchapter, including rules and

19 regulations dealing with the inspection of an agency’s

20 workplace.

21 ‘‘(f)(1) The Secretary shall establish and carry out

22 a special emphasis inspection program for conducting in23 spections of agency operations where—

24 ‘‘(A) existing hazards, or
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1 ‘‘(B) newly recognized or new hazards intro2 duced into worksites,

3 warrant more intensive than normal inspections, as deter4 mined by the Secretary.

5 ‘‘(2) The Secretary shall annually designate the oper6 ations for the special emphasis inspection program and

7 identify the number of special emphasis inspections that

8 the Secretary plans to conduct in each designated oper9 ation and the number of enforcement personnel required

10 for such inspections.

11 ‘‘(3) Inspections conducted under paragraph (1) shall

12 be in addition to other programmed and complaint inspec13 tions conducted under this subchapter.

14 ‘‘(4) The Secretary shall annually submit a report to

15 the Committee on Post Office and Civil Service of the

16 House of Representatives and the Committee on Govern17 ment Affairs of the Senate on the special emphasis inspec18 tion program as part of the Secretary’s annual report re19 quired under section 7919 which includes information on

20 inspections conducted pursuant to paragraph (2) which

21 were carried out during the preceding year.

22 ‘‘(g)(1) For the purposes of this subsection, the term

23 ‘serious incident’ means an incident that results in the

24 hospitalization of 2 or more employees.
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1 ‘‘(2) The Secretary shall investigate any work-related

2 death or serious incident which is attributable to unsafe

3 or unhealthful working conditions.

4 ‘‘(3) If any such death or serious incident occurs in

5 a place of employment covered by this subchapter, the

6 agency shall notify the Secretary of the death or serious

7 incident and shall take appropriate measures to prevent

8 the destruction or alteration of any evidence that would

9 assist in investigating the death or serious incident. The

10 appropriate measures required by this paragraph do not

11 prevent an agency from taking action at a worksite to pre12 vent injury to employees or substantial damage to prop13 erty. If an agency takes such action, the agency shall no14 tify the Secretary of the action.

15 ‘‘(h)(1) Random, unannounced inspections of a sta16 tistically valid sample of Federal worksites shall be con17 ducted at workplaces which are representative of work18 places in agencies and on an annual basis. In the course

19 of such an inspection, the implementation of the safety

20 and health program of the agency being inspected shall

21 be reviewed.

22 ‘‘(2) The assessment of the Secretary of Labor of a

23 worksite’s compliance with the applicable agency safety

24 and health program shall be reported to the head of the
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1 agency, to employees or their representatives, and to agen2 cy safety and health committees.

3 ‘‘§ 7915. Citations

4 ‘‘(a) If, upon inspection or investigation, the Sec5 retary or the Secretary’s authorized representative believes

6 that an agency has violated a requirement of section 7911,

7 7912, or 7913, of any standard, rule or order promulgated

8 pursuant to section 6 of the Occupational Health and

9 Safety Act of 1970, or of any regulations prescribed pur10 suant to such Act, the Secretary shall with reasonable

11 promptness issue a citation to the agency. Each citation

12 shall be in writing and shall describe with particularity

13 the nature of the violation, including a reference to the

14 provision of law, standard, rule, regulation, or order al15 leged to have been violated. In addition, the citation shall

16 fix a reasonable time for the abatement of the violation.

17 The Secretary may prescribe procedures for the issuance

18 of a notice in lieu of a citation with respect to de minimis

19 violations which have no direct or immediate relationship

20 to safety or health.

21 ‘‘(b) Each citation issued under this section, or a

22 copy or copies thereof, shall be prominently posted, as pre23 scribed in regulations issued by the Secretary, at or near

24 each place a violation referred to in the citation occurred.
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1 ‘‘(c) No citation may be issued under this section

2 after the expiration of 6 months following the occurrence

3 of any violation. The 6-month time limit shall not apply

4 to a notification of penalty.

5 ‘‘(d) A citation issued under this section to an agency

6 that violates the requirements of paragraph (1) or (3) of

7 section 7911 or section 7912(a), any standard, rule, or

8 order promulgated pursuant to section 6 of the Occupa9 tional Health and Safety Act of 1970, or any other regula10 tion promulgated under such Act shall be vacated if such

11 agency demonstrates that—

12 ‘‘(1) employees of such agency have been pro13 vided with the proper training and equipment to pre14 vent such a violation;

15 ‘‘(2) work rules designed to prevent such a vio16 lation have been established and adequately commu17 nicated to employees by such agency and have been

18 effectively enforced when a violation of work rules

19 has been discovered;

20 ‘‘(3) the failure of employees to observe work

21 rules led to the violation; and

22 ‘‘(4) reasonable steps have been taken by such

23 agency to discover any violation of a work rule.
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1 ‘‘§ 7916. Procedure for enforcement

2 ‘‘(a) If, after an inspection or investigation, the Sec3 retary issues a citation under section 7915, the Secretary

4 shall, within a reasonable time after the termination of

5 such inspection or investigation, notify the agency by cer6 tified mail of the penalty, if any, proposed to be assessed

7 under section 7916e and that the agency has 15 working

8 days within which to notify the Secretary that such agency

9 wishes to contest the citation or proposed assessment of

10 penalty. If, within 15 working days after the receipt of

11 the notice issued by the Secretary the agency fails to no12 tify the Secretary that the agency intends to contest the

13 citation or proposed assessment of penalty, and no notice

14 is filed by any employee or representative of employees

15 under subsection (c) within such time, the citation and

16 the assessment, as proposed, shall be deemed a final order

17 of the Occupational Safety and Health Commission and

18 not subject to review by any court or agency.

19 ‘‘(b) If an agency has failed to correct a violation for

20 which a citation has been issued within the period per21 mitted for its correction (which period for other than seri22 ous violations shall not begin to run until the entry of a

23 final order by the Commission in the case of any review

24 proceedings under this section initiated by the agency in

25 good faith and not solely for delay or avoidance of pen26 alties), the Secretary shall notify the agency by certified
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•HR 115 SC

1 mail of such failure and of the penalty proposed to as2 sessed under section 7916e by reason of such failure, and

3 that the agency has 15 working days within which to no4 tify the Secretary that such agency wishes to contest the

5 Secretary’s notification or the proposed assessment of pen6 alty. If, within 15 working days after the receipt of notifi7 cation issued by the Secretary, the agency fails to notify

8 the Secretary that it intends to contest the notification

9 or proposed assessment of penalty, the notification and as10 sessment, as proposed, shall be deemed a final order of

11 the Commission and not subject to review by any court

12 or agency.

13 ‘‘(c) If an agency notifies the Secretary that it in14 tends to contest a citation issued under section 7915(a)

15 or a modification of a citation or notification issued under

16 subsection (a) or (b) of this section, or if, within 15 work17 ing days after the issuance of a citation under section

18 7915(a), any employee or representative of employees files

19 a notice with the Secretary alleging that the citation fails

20 properly to designate the violation as serious, willful, or

21 repeated, or that the proposed penalty is not adequate,

22 or alleging that the period of time fixed in the citation

23 for the abatement of the violation is unreasonable, the

24 Secretary shall immediately advise the Commission of

25 such notification, and the Commission shall afford an op-
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1 portunity for a hearing (in accordance with section 554,

2 but without regard to subsection (a)(3) of such section).

3 The pendency of a contest before the Commission shall

4 not bar the Secretary from inspecting a place of employ5 ment or from issuing a citation under section 7915. The

6 Commission shall thereafter issue an order, based on find7 ings of fact, affirming, modifying, or vacating the Sec8 retary’s citation or proposed penalty, or directing other

9 appropriate relief, and such order shall become final 30

10 days after its issuance. Upon a showing by an agency of

11 a good faith effort to comply with the abatement require12 ments of a citation, and that abatement has not been com13 pleted because of factors beyond the agency’s reasonable

14 control, the Secretary, after an opportunity for a hearing

15 as provided in this subsection, shall issue an order affirm16 ing or modifying the abatement requirements in such cita17 tion. The rules of procedure prescribed by the Commission

18 shall provide affected employees or representatives of af19 fected employees an opportunity to participate as parties

20 to proceedings under this subsection.

21 ‘‘(d) For each violation which the Secretary charac22 terizes as serious, willful, or repeated, the period permitted

23 for the correction of the violation shall begin to run upon

24 receipt of the citation. The filing of a notice of contest

25 by an agency shall not operate as a stay of the period
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1 for correction of the violation. The Commission, on the

2 basis of an agency’s motion, may stay the running of such

3 period. In determining whether a stay should be issued,

4 the Commission shall consider—

5 ‘‘(1) whether the agency has demonstrated a

6 likelihood of success on the merits;

7 ‘‘(2) whether the agency will suffer irreparable

8 harm absent a stay;

9 ‘‘(3) whether issuance of the stay will substan10 tially injure the other parties interested in the pro11 ceeding; and

12 ‘‘(4) the public interest.

13 ‘‘(e) Each agency to which a citation for a serious,

14 willful, or repeated violation has been issued under section

15 7915 shall verify the abatement of such violation in writ16 ing to the Secretary not later than 10 days after the pe17 riod for correction of the violation has expired. In addition,

18 each such agency shall prominently post, within 10 days

19 after the verification of abatement, at or near each place

20 a violation occurred a notice that the violation has been

21 abated, and shall make available to employees and em22 ployee representatives for inspection a copy of the verifica23 tion of abatement provided to the Secretary pursuant to

24 this subsection. The Secretary shall issue regulations to

25 implement this subsection within one year of the date of
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•HR 115 SC

1 the enactment of the Federal and Postal Service Employ2 ees Occupational Safety and Health Act of 1993.

3 ‘‘(f)(1) If the Secretary intends to withdraw or to

4 modify a citation as a result of any agreement with the

5 cited agency, the rules of procedure prescribed by the

6 Commission shall provide for prompt notice to affected

7 employees or representatives of affected employees, which

8 notice shall include the terms of the proposed agreement.

9 ‘‘(2) Within 15 working days of receipt of the notice

10 provided in accordance with paragraph (1), any employee

11 or representative of employees, regardless of whether such

12 employee or representative has previously elected to par13 ticipate in the proceedings, shall have the right to file a

14 notice with the Secretary alleging that the proposed agree15 ment fails to effectuate the purposes of this subchapter

16 and stating the respects in which it fails to do so.

17 ‘‘(3) Upon receipt of a notice filed under paragraph

18 (2), the Secretary shall consider the matter, and if the

19 Secretary determines to proceed with the proposed agree20 ment, the Secretary shall respond with particularity to the

21 statements presented in that notice.

22 ‘‘(4) Within 15 working days following the Sec23 retary’s response provided pursuant to paragraph (3), the

24 employee or representative of employees shall, upon a re25 quest to the Commission, have the right to a hearing as
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1 to whether adoption of the proposed agreement would ef2 fectuate the purposes of this subchapter, including a de3 termination as to whether the proposed agreement would

4 adequately abate the alleged violations.

5 ‘‘(5) If the Commission determines that a proposed

6 agreement fails to effectuate the purposes of this sub7 chapter, the proposed agreement shall not be entered as

8 an order of the Commission and the citation shall not be

9 withdrawn or modified in accordance with the proposed

10 agreement.

11 ‘‘(g) To the extent applicable, the provisions of sec12 tion 12 of the Occupational Safety and Health Act of 1970

13 shall govern proceedings before the Commission under this

14 subchapter.

15 ‘‘§ 7916a. Judicial review

16 ‘‘(a) Any person adversely affected or aggrieved by

17 an order of the Commission issued under subsection (c)

18 or (f) of section 7916 may obtain a review of such order

19 in any United States court of appeals for the circuit in

20 which the violation is alleged to have occurred or where

21 the agency has its principal office, or in the Court of Ap22 peals for the District of Columbia Circuit, by filing in such

23 court within 60 days following the issuance of such order

24 a written petition praying that the order be modified or

25 set aside. A copy of such petition shall be forthwith trans-
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•HR 115 SC

1 mitted by the clerk of the court to the Commission and

2 to the other parties, and thereupon the Commission shall

3 file in the court the record in the proceeding as provided

4 in section 2112 of title 28. Upon such filing, the court

5 shall have jurisdiction of the proceeding and of the ques6 tion determined therein, and shall have power to grant

7 such temporary relief or restraining order as it deems just

8 and proper, and to make and enter upon the pleadings,

9 testimony, and proceedings set forth in such record a de10 cree affirming, modifying, or setting aside in whole or in

11 part, the order of the Commission and enforcing the same

12 to the extent that such order is affirmed or modified. The

13 commencement of proceedings under this subsection shall

14 not, unless ordered by the court, operate as a stay of the

15 order of the Commission. No objection that has not been

16 urged before the Commission shall be considered by the

17 court, unless the failure or neglect to urge such objection

18 shall be excused because of extraordinary circumstances.

19 The findings of the Commission with respect to questions

20 of fact, if supported by substantial evidence on the record

21 considered as a whole, shall be conclusive. If any party

22 shall apply to the court for leave to adduce additional evi23 dence and shall show to the satisfaction of the court that

24 such additional evidence is material and that there were

25 reasonable grounds for the failure to adduce such evidence
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1 in the hearing before the Commission, the court may order

2 such additional evidence to be taken before the Commis3 sion and to be made a part of the record. The Commission

4 may modify its findings as to the facts, or make new find5 ings, by reason of additional evidence so taken and filed,

6 and it shall file such modified or new findings, which find7 ings with respect to questions of fact, if supported by sub8 stantial evidence on the record considered as a whole, shall

9 be conclusive, and its recommendations, if any, for the

10 modification or setting aside of its original order. Upon

11 the filing of the record with it, the jurisdiction of the court

12 shall be exclusive and its judgment and decree shall be

13 final, except that the same shall be subject to review by

14 the Supreme Court of the United States, as provided in

15 section 1254 of title 28.

16 ‘‘(b) The Secretary may also obtain review or enforce17 ment of any final order of the Commission by filing a peti18 tion for such relief in the United States court of appeals

19 for the circuit in which the alleged violation occurred or

20 in which the agency has its principal office, and the provi21 sions of subsection (a) shall govern such proceedings to

22 the extent applicable. If no petition for review, as provided

23 in subsection (a), is filed within 60 days after service of

24 the Commission’s order, the Commission’s findings of fact

25 and order shall be conclusive in connection with any peti-
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1 tion for enforcement which is filed by the Secretary after

2 the expiration of such 60-day period. In any such case,

3 as well as in the case of a noncontested citation or notifi4 cation by the Secretary which has become a final order

5 of the Commission under subsection (a) or (b) of section

6 7916, the clerk of the court, unless otherwise ordered by

7 the court, shall forthwith enter a decree enforcing the

8 order and shall transmit a copy of such decree to the Sec9 retary and the agency named in the petition. In any con10 tempt proceeding brought to enforce a decree of a court

11 of appeals entered pursuant to this subsection or sub12 section (a), the court of appeals may assess the penalties

13 provided in section 7916e, in addition to invoking any

14 other available remedies.

15 ‘‘§ 7916b. Procedures to counteract imminent dangers

16 ‘‘(a)(1) If the Secretary determines, on the basis of

17 an inspection or investigation under this subchapter, that

18 a condition or practice in a place of employment is such

19 that an imminent danger to safety or health exists that

20 could reasonably be expected to cause death or serious

21 physical harm or permanent impairment to the health or

22 functional capacity of employees if not corrected imme23 diately, the Secretary shall so inform the agency and af24 fected employees and representatives of affected employ25 ees, and shall request that the condition or practice be
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1 corrected immediately or that employees be immediately

2 removed from exposure to such danger.

3 ‘‘(2) If the agency refuses to comply with the request

4 under paragraph (1), the Secretary shall immediately

5 cause notice to be posted in the workplace identifying the

6 equipment, process, or practice that is the source of the

7 imminent danger. Such notice shall take the form of a tag

8 or other device that will be seen by employees who might

9 otherwise be exposed to the dangerous equipment, process,

10 or practice. The notice shall be removed only by the Sec11 retary.

12 ‘‘(3) The fact that notice under paragraph (2) has

13 been posted shall be noted in any citation issued pursuant

14 to section 7915 with respect to the hazard involved.

15 ‘‘(4) No person shall discharge or in any manner dis16 criminate against any employee because such employee

17 has refused to perform a duty that has been identified as

18 the source of an imminent danger by a notice posted pur19 suant to paragraph (2). The right to refuse to perform

20 such a duty shall be in addition to any other right to

21 refuse to perform hazardous work that is afforded to em22 ployees by this subchapter, by standards or regulations is23 sued pursuant to this subchapter, by contract, or by other

24 applicable law.
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1 ‘‘(b) The United States district courts shall have ju2 risdiction, upon petition of the Secretary, to restrain any

3 conditions or practices in any place of employment which

4 pose an imminent danger as described in subsection (a).

5 Any order issued under this section may require such

6 steps to be taken as may be necessary to avoid, correct,

7 or remove such imminent danger and prohibit the employ8 ment or presence of any individual in locations or under

9 conditions where such imminent danger exists, except indi10 viduals whose presence is necessary to avoid, correct, or

11 remove such imminent danger or to maintain the capacity

12 of a continuous process operation to resume normal oper13 ations without a complete cessation of operations, or

14 where a cessation of operations is necessary, to permit

15 such to be accomplished in a safe and orderly manner.

16 ‘‘(c) Upon the filing of any such petition, the district

17 court shall have jurisdiction to grant such injunctive relief

18 or temporary restraining order pending the outcome of an

19 enforcement proceeding pursuant to this subchapter. The

20 proceeding shall be as provided by Rule 65 of the Federal

21 Rules of Civil Procedure, except that no temporary re22 straining order issued without notice shall be effective for

23 a period longer than 5 days.

24 ‘‘(d) If the Secretary arbitrarily or capriciously fails

25 to seek relief under this section, any employee who may
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1 be injured by reason of such failure, or the representative

2 of such employees, may bring an action against the Sec3 retary in the United States district court for the district

4 in which the imminent danger is alleged to exist or the

5 employer has its principal office, or for the District of Co6 lumbia, for a writ of mandamus to compel the Secretary

7 to seek such an order and for such further relief as may

8 be appropriate.

9 ‘‘§ 7916c. Representation in civil litigation

10 ‘‘Except as provided in section 518(a) of title 28, re11 lating to litigation before the Supreme Court, the Solicitor

12 of Labor may appear for and represent the Secretary in

13 any civil litigation brought under this subchapter.

14 ‘‘§ 7916d. Variations, tolerances, and exemptions

15 ‘‘The Secretary, on the record, after notice and op16 portunity for a hearing, may provide such reasonable limi17 tations and may make such rules and regulations allowing

18 reasonable variations, tolerances, and exemptions to and

19 from any or all provisions of this subchapter as the Sec20 retary may find necessary and proper to avoid serious im21 pairment of the national defense. Such action shall not

22 be in effect for more than 6 months without notification

23 to affected employees and an opportunity being afforded

24 for a hearing.
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1 ‘‘§ 7916e. Penalties

2 ‘‘(a) Any agency that willfully or repeatedly violates

3 the requirements of section 7911, 7912, or 7913 of this

4 title, any standard, rule, or order promulgated pursuant

5 to section 6 of the Occupational Health and Safety Act

6 of 1970, or regulations prescribed pursuant to this sub7 chapter, may be assessed a civil penalty of not more than

8 $70,000 for each violation, but not less than $5,000 for

9 each willful violation.

10 ‘‘(b) Any agency that has received a citation for a

11 serious violation of the requirements of section 7911,

12 7912, or 7913 of this title, of any standard, rule, or order

13 promulgated pursuant to section 6 of the Occupational

14 Health and Safety Act of 1970, or of any regulations pre15 scribed pursuant to this subchapter, shall be assessed a

16 civil penalty of up to $7,000 for each such violation.

17 ‘‘(c) Any agency that has received a citation for a

18 violation of the requirements of section 7911, 7912, or

19 7913 of this title, of any standard, rule, or order promul20 gated pursuant to section 6 of the Occupational Health

21 and Safety Act of 1970, or of regulations prescribed pur22 suant to this subchapter, and which violation is specifically

23 determined not to be of a serious nature, may be assessed

24 a civil penalty of up to $7,000 for each violation.

25 ‘‘(d) Any agency that fails to correct a violation for

26 which a citation has been issued under section 7915(a)
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1 within the period permitted for its correction (which pe2 riod for other than serious violations shall not begin to

3 run until the date of the final order of the Commission

4 in the case of any review proceeding under section 7916

5 initiated by the agency in good faith and not solely for

6 delay or avoidance of penalties), may be assessed a civil

7 penalty of not more than $7,000 for each day during

8 which such failure or violation continues.

9 ‘‘(e) Any agency that willfully violates the require10 ments of section 7911, 7912, or 7913 of this title or any

11 standard, rule, or order promulgated pursuant to section

12 6 of the Occupational Health and Safety Act of 1970, or

13 of any regulations prescribed pursuant to this subchapter,

14 and which violation caused the death of any employee,

15 shall, upon conviction, be punished by a fine in accordance

16 with section 3571 of title 18.

17 ‘‘(f) Any person who gives advance notice of any in18 spection to be conducted under this subchapter, without

19 authority from the Secretary or the Secretary’s designee,

20 shall, upon conviction, be punished by a fine in accordance

21 with section 3571 of title 18, or by imprisonment for not

22 more than 2 years, or by both.

23 ‘‘(g) Whoever knowingly makes any false statement,

24 representation, or certification in any application, record,

25 report, plan, or other document filed or required to be
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1 maintained pursuant to this subchapter shall, upon convic2 tion, be punished by a fine in accordance with section

3 3571 of title 18, or by imprisonment for not more than

4 1 year, or by both.

5 ‘‘(h) In the event that an agency does not imme6 diately correct a hazard described in section 7916b(a) or

7 remove all employees from exposure thereto, the agency

8 shall be assessed a civil penalty of not less than $10,000

9 and not more than $50,000 for each day during which

10 an employee continues to be exposed to the hazard.

11 ‘‘(i) Any agency that willfully violates the require12 ments of section 7911, 7912, or 7913 of this title, of any

13 standard, rule, or order promulgated pursuant to section

14 6 of the Occupational Health and Safety Act of 1970, or

15 of any regulation prescribed pursuant to this subchapter,

16 and which violation causes serious bodily injury to any em17 ployee but does not cause the death of any employee, shall,

18 upon conviction, be punished by a fine in accordance with

19 section 3571 of title 18.

20 ‘‘(j) Any agency that violates any of the posting re21 quirements, as prescribed under the provisions of this sub22 chapter, shall be assessed a civil penalty of up to $7,000

23 for each violation.

24 ‘‘(k) The Commission shall have authority to assess

25 all civil penalties provided in this section, giving due con-
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1 sideration to the appropriateness of the penalty with re2 spect to the gravity of the violation, the good faith of the

3 agency, and the history of previous violations.

4 ‘‘(l) For purposes of this section, a serious violation

5 shall be deemed to exist in a place of employment if there

6 is a substantial probability that death or serious physical

7 harm could result from a condition which exists, or from

8 one or more practices, means, methods, operations, or

9 processes which have been adopted or are in use, in such

10 place of employment unless the agency did not, and could

11 not with the exercise of reasonable diligence, know of the

12 presence of the violation.

13 ‘‘(m) Civil penalties owed under this subchapter shall

14 be paid to the Secretary for deposit into the Secretary’s

15 penalty fund established under section 7920b and may be

16 recovered in a civil action in the name of the United States

17 brought in the United States district court for the district

18 where the violation is alleged to have occurred or where

19 the agency has its principal office.

20 ‘‘(n) Nothing in this subchapter shall preclude State

21 and local law enforcement agencies from conducting crimi22 nal prosecutions in accordance with the laws of such State

23 or locality.
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1 ‘‘(o) It is the sense of the Congress that no agency

2 should pay any fine under this subchapter out of any

3 funds appropriated for employee salaries or expenses.

4 ‘‘§ 7916f. Office of Federal Programs

5 ‘‘The Secretary shall establish within the Department

6 of Labor an Office of Federal Programs which shall have

7 jurisdiction on behalf of the Secretary over this subchapter

8 and which shall be headed by an Assistant Deputy Sec9 retary of Labor.

10 ‘‘§ 7917. Special Federal occupational safety and

11 health enforcement procedures

12 ‘‘(a)(1) The President shall appoint, by and with the

13 advice and consent of the Senate, a Special Counsel for

14 Federal Occupational Safety and Health Enforcement

15 (hereinafter in this subchapter referred to as the ‘Special

16 Counsel’). The Special Counsel may be removed by the

17 President only for inefficiency, neglect of duty, or malfea18 sance in office. The Special Counsel shall be in the De19 partment of Labor, and the Secretary of Labor shall pro20 vide the Special Counsel such administrative support serv21 ices as the Special Counsel may require.

22 ‘‘(2) The Special Counsel may petition any court of

23 appeals of the United States for the enforcement of any

24 order of the Occupational Safety and Health Review Com25 mission issued under section 7916 or for any appropriate
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1 temporary relief, restraining order, or abatement against

2 any agency.

3 ‘‘(b) Any employee, or the representative of such em4 ployees, who may be adversely affected by a failure of an

5 agency, the Secretary, or the Commission to carry out any

6 duty under this subchapter, may bring an action in the

7 United States district court for the district in which such

8 failure is alleged to have occurred or the agency has its

9 principal place of business, or for the District of Columbia,

10 to compel such agency, the Secretary, or the Commission

11 to carry out such duty and for such further relief as may

12 be appropriate.

13 ‘‘§ 7918. Administrator of General Services

14 ‘‘(a) The Administrator of General Services shall not

15 provide any agency with space which contains any hazards

16 or conditions which violate this subchapter or the Occupa17 tional Safety and Health Act of 1970.

18 ‘‘(b) The Administrator of General Services shall in19 vestigate, upon request of an agency, any report of unsafe

20 or unhealthy conditions in a facility provided by the Ad21 ministrator. The Administrator shall abate any unsafe or

22 unhealthy condition disclosed by such an investigation or

23 submit to the agency a plan to abate such unsafe or

24 unhealthy condition.
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1 ‘‘(c) The Administrator of General Services shall

2 maintain a log of any report by an agency of any unsafe

3 or unhealthy condition in a building occupied by the agen4 cy and provided by the Administrator. Any person who

5 leases a building to an agency under the direction of the

6 Administrator shall maintain such a log.

7 ‘‘(d) Any lease of a building to an agency which is

8 entered into by a private person under the direction of

9 the Administrator of General Services shall be subject to

10 the requirements of this section and the Occupational

11 Safety and Health Act of 1970.

12 ‘‘§ 7919. Annual report

13 ‘‘Within 60 days following the convening of each reg14 ular session of each Congress, the Secretary and the Sec15 retary of Health and Human Services shall together pre16 pare and submit to the President for transmittal to the

17 Congress a report upon the subject matter of this sub18 chapter, the progress toward achievement of the purpose

19 of this subchapter, and any other relevant information.

20 ‘‘§ 7920. Whistleblower protection

21 ‘‘(a) No person shall discharge, discipline, or in any

22 manner discriminate against any employee with respect to

23 the employee’s compensation or other terms or conditions

24 of employment because such employee (or any person act25 ing on behalf of the employee) has filed any complaint or
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1 caused to be instituted any proceedings relating to a viola2 tion of this subchapter or of any regulation promulgated

3 under this subchapter, or has testified or is about to tes4 tify in any such proceeding.

5 ‘‘(b) No person shall discharge, discipline, or in any

6 manner discriminate against an employee with respect to

7 the employee’s compensation or other terms or conditions

8 of employment for refusing to perform the employee’s du9 ties, if performing such duties would result in a substan10 tial and specific violation of this subchapter. In order to

11 qualify for protection under this subsection, the employee

12 must have sought from the employee’s employing agency,

13 and have been unable to obtain, correction of the cir14 cumstances causing such refusal.

15 ‘‘(c) The actions described in subsections (a) and (b)

16 shall be considered ‘prohibited personnel practices’ under

17 section 2302.

18 ‘‘(d) Nothing in this section shall be considered to

19 apply with respect to an officer or employee of the United

20 States Postal Service or the Postal Rate Commission.

21 ‘‘§ 7920a. Victims’ rights

22 ‘‘(a) For purposes of this section, the term ‘victim’

23 means—

24 ‘‘(1) an employee who has sustained a work-re25 lated injury or illness which is or was the subject of
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1 an inspection or investigation conducted under sec2 tion 7914; and

3 ‘‘(2) a family member of any employee who died

4 as a result of a work-related injury or illness which

5 is or was the subject of an inspection or investiga6 tion (conducted under section 7914) into a death or

7 serious incident.

8 ‘‘(b) On request, a victim shall be afforded the right,

9 with respect to the work-related injury, illness, or death

10 referred to in paragraph (1) or (2) of subsection (a), as

11 applicable—

12 ‘‘(1) to meet with the Secretary or an author13 ized representative of the Secretary respecting the

14 inspection or investigation conducted under section

15 7914 with respect to such injury, illness, or death,

16 before the Secretary’s decision to issue a citation or

17 to take no action; and

18 ‘‘(2) to receive, at no cost, a copy of any cita19 tion or report issued as a result of such inspection

20 or investigation on the date the citation or report is

21 issued, and to be informed of any notice of contest

22 filed under section 7916.

23 ‘‘(c) Before entering into an agreement to withdraw

24 or modify a citation issued as a result of an inspection

25 or investigation of a death or serious incident under sec-
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1 tion 7914, the Secretary, on request, shall provide an op2 portunity to the victim involved to appear and make a

3 statement before the parties conducting any settlement ne4 gotiations.

5 ‘‘(d) If this section is violated, a victim may be af6 forded 1 or more of the following:

7 ‘‘(1) Declaratory relief.

8 ‘‘(2) Injunctive relief.

9 ‘‘(3) Recovery of any costs incurred in securing

10 the documents referred to in subsections (b)(2) and

11 (c).

12 ‘‘(4) Reasonable attorney’s fees and costs.

13 ‘‘(e) NOTIFICATION.—The Secretary shall take rea14 sonable actions to inform victims of their rights under this

15 section.

16 ‘‘§ 7920b. Federal Occupational Safety and Health

17 Training Fund

18 ‘‘(a) There is established in the Treasury of the Unit19 ed States an account to be known as the Federal Occupa20 tional Safety and Health Training Fund (hereinafter in

21 this subchapter referred to as the ‘Fund’). The Fund, and

22 any amounts deposited in it, including any interest earned

23 thereon, shall be available to the Secretary, subject to ap24 propriations Acts, to develop and implement agency train-
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1 ing and education programs in occupational safety and

2 health.

3 ‘‘(b) Amounts in the Fund which are not currently

4 needed for the purpose of this section shall be kept on

5 deposit or invested in obligations of, or guaranteed by, the

6 United States and all earnings on such investments shall

7 be deposited in the Fund.

8 ‘‘(c) The Secretary shall transmit to the Committee

9 on Post Office and Civil Service of the House of Rep10 resentatives, not later than 4 months after the end of each

11 fiscal year, a report on the financial condition, uses, and

12 operation of the Fund during the preceding fiscal year.

13 ‘‘§ 7921. Definitions

14 ‘‘For the purpose of this subchapter—

15 ‘‘(1) the term ‘agency’ means an Executive

16 agency, the United Postal Service, and the Postal

17 Rate Commission;

18 ‘‘(2) the term ‘Commission’ means the Occupa19 tional Safety and Health Review Commission estab20 lished under the Occupational Safety and Health Act

21 of 1970;

22 ‘‘(3) the term ‘Secretary’ means the Secretary

23 of Labor; and

24 ‘‘(4) a hazard, violation, or condition shall be

25 considered to be ‘serious’ if there is a reasonable
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1 probability that death or serious physical harm could

2 result therefrom.’’.

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions for chapter 79 of title 5, United States Code, is

5 amended—

6 (1) by inserting after the chapter heading the

7 following: ‘‘SUBCHAPTER I—GENERAL PROVI8 SION’’, and

9 (2) by adding at the end the following:

‘‘SUBCHAPTER II—FEDERAL OCCUPATIONAL SAFETY AND

HEALTH

‘‘Sec.

‘‘7911. Employee rights and obligations.

‘‘7912. Duties of agencies.

‘‘7913. Safety and health committees.

‘‘7914. Inspections and investigations by the Secretary.

‘‘7915. Citations.

‘‘7916. Procedure for enforcement.

‘‘7916a. Judicial review.

‘‘7916b. Procedures to counteract imminent dangers.

‘‘7916c. Representation in civil litigation.

‘‘7916d. Variations, tolerances, and exemptions.

‘‘7916e. Penalties.

‘‘7916f. Office of Federal Programs.

‘‘7917. Special Federal occupational safety and health enforcement procedures.

‘‘7918. Administrator of General Services.

‘‘7919. Annual report.

‘‘7920. Whistleblower protection.

‘‘7920a. Victims’ rights.

‘‘7920b. Federal Occupational Safety and Health Training Fund.

‘‘7921. Definitions.’’.

10 SEC. 3. POSTAL SERVICE OCCUPATIONAL SAFETY AND

11 HEALTH PROGRAMS.

12 (a) DEFINITIONS.—For the purpose of this section—

13 (1) the term ‘‘Postal Service’’ means the United

14 States Postal Service;
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1 (2) the term ‘‘major new mechanization, equip2 ment, or technology’’ means any major new mecha3 nization, equipment, or technology which, if imple4 mented by the Postal Service, would directly af5 fect—

6 (A) the way in which employees of the

7 Postal Service perform their work; or

8 (B) their safety or health;

9 (3) the term ‘‘joint labor-management postal

10 safety committee’’ means a committee—

11 (A) comprised of individuals representing

12 the Postal Service and representatives of labor

13 organizations representing employees of the

14 Postal Service;

15 (B) which operates on a national level; and

16 (C) a primary purpose of which involves

17 the evaluation and advancement of programs

18 designed to protect the safety and health of

19 postal employees; and

20 (4) the term ‘‘NIOSH’’ means the National In21 stitute of Occupational Safety and Health of the De22 partment of Health and Human Services.

23 (b) APPLICABILITY OF CERTAIN PROVISIONS OF

24 OSHA.—Paragraph (7) of section 410(b) of title 39,

25 United States Code, is amended to read as follows:
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1 ‘‘(7) subchapter II of chapter 79 of title 5 (ex2 cluding section 7920 of such title);’’.

3 (c) STANDARDS OF ERGONOMIC HAZARDS.—

4 (1) IN GENERAL.—Not later than 1 year after

5 the date of enactment of this Act, the Postmaster

6 General, in consultation with the Secretary of Labor,

7 shall issue standards on ergonomic hazards to pro8 tect employees of the Postal Service from work-relat9 ed musculoskeletal disorders.

10 (2) SPECIFIC REQUIREMENTS.—Standards

11 under this subsection shall include requirements

12 for—

13 (A) a program relating to employees who

14 are exposed to ergonomic hazards, including

15 provisions for—

16 (i) hazard identification;

17 (ii) control measures;

18 (iii) medical management, training

19 and education; and

20 (iv) employee participation;

21 (B) an evaluation of such matters as job

22 processes, work-station design, rate of work,

23 and work methods, to identify risk factors that

24 cause or are likely to cause musculoskeletal dis25 orders;
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1 (C) control measures to reduce stressors

2 and musculoskeletal disorders, including engi3 neering controls, new equipment, and work-or4 ganization controls;

5 (D) an effective medical-management pro6 gram for musculoskeletal disorders, including

7 requirements for qualified health-care providers,

8 health surveillance, and appropriate diagnosis,

9 treatment, and follow-up; and

10 (E) the training and education of employ11 ees who are exposed to ergonomic hazards, par12 ticularly with respect to risk factors and control

13 measures, and the Postal Service’s medical14 management program as it relates to such haz15 ards.

16 (d) SMOKE AND FIRE WARNING DEVICES FOR THE

17 DEAF OR HEARING IMPAIRED.—

18 (1) IN GENERAL.—The Postal Service shall

19 take such measures as may be necessary to ensure

20 that, in order to protect the safety of the deaf or

21 hearing impaired from the hazards of smoke or fire,

22 warning devices satisfying the photometric, decibel23 level, and other applicable requirements under para24 graph (2) are present in all appropriate postal facili25 ties (as determined under paragraph (2)(B)).
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1 (2) REGULATIONS.—The Postal Service shall

2 prescribe regulations to carry out the purposes of

3 this subsection. The regulations—

4 (A) shall be sufficient to ensure at least

5 the minimum level of safety provided by the

6 then current national consensus standards

7 (within the meaning of section 3(9) of the Oc8 cupational Safety and Health Act of 1970)

9 dealing with smoke and fire warning devices for

10 the deaf or hearing impaired, as identified by

11 the Postal Service in consultation with the Sec12 retary of Labor; and

13 (B) shall include criteria for identifying

14 which types of postal facilities shall be subject

15 to particular requirements under this para16 graph.

17 (3) REPORTS.—The Postal Service shall submit

18 a written report to the Committee on Post Office

19 and Civil Service of the House of Representatives

20 and the Committee on Governmental Affairs of the

21 Senate, not later than 2 years after the date of en22 actment of this Act, on the implementation of this

23 subsection.
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1 (e) PROTECTIVE MEASURES RELATING TO THE IM2 PLEMENTATION OF ANY MAJOR NEW MECHANIZATION,

3 EQUIPMENT OR TECHNOLOGY.—

4 (1) IDENTIFICATION OF ERGONOMIC HAZ5 ARDS.—A joint labor-management postal safety com6 mittee may enter into contracts, agreements, or

7 other arrangements with NIOSH in order to iden8 tify, through appropriate research or experiments,

9 any ergonomic hazards or other safety or health haz10 ards which might be associated with any major new

11 mechanization, equipment, or technology being im12 plemented, or proposed to be implemented, by the

13 Postal Service.

14 (2) ACCESS TO PLANS.—To the extent prac15 ticable, before awarding any contract for the acquisi16 tion, installation, or implementation of any major

17 new mechanization, equipment, or technology, the

18 Postal Service shall notify the joint labor-manage19 ment postal safety committee of its intentions, in

20 order that such committee may—

21 (A) review the design plans for such mech22 anization, equipment, or technology (as the case

23 may be) to evaluate the likely impact on the

24 safety and health of postal employees; and
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1 (B) submit written comments relating to

2 any safety or health hazards which might re3 sult, as well as suggestions on ways to mitigate

4 or eliminate such hazards.

5 (f) PROTECTION OF EMPLOYEES REFUSING TO

6 WORK DUE TO UNSAFE CONDITIONS.—It is the sense of

7 Congress that the Postal Service should not discharge or

8 in any manner discriminate against an employee for refus9 ing to perform the employee’s duties if—

10 (1) the employee believes that performing such

11 duties would result in serious injury to the employee

12 or other employees;

13 (2) the circumstances giving rise to that belief

14 are such that a reasonable person in those same cir15 cumstances would draw the same conclusion; and

16 (3) the employee has previously sought to have

17 the Postal Service correct the conditions involved.

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