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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 115 Reported in House (RH)]

                                                 Union Calendar No. 475

103d CONGRESS

  2d Session

                               H. R. 115

                          [Report No. 103-858]

_______________________________________________________________________

                                 A BILL

To strengthen the authority to require safe workplaces for Federal and 
           Postal Service employees, and for other purposes.

_______________________________________________________________________

                            October 7, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed

                                                 Union Calendar No. 475
103d CONGRESS
  2d Session
                                H. R. 115

                          [Report No. 103-858]

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. Velazquez, Mr. Becerra, Mr. Torres, and 
                              Mr. Dellums

                            October 7, 1994

 Additional sponsors: Mr. Gejdenson, Mr. Wynn, Mr. Stark, Mr. Bonior, 
   Mr. Reed, Mr. Abercrombie, Ms. DeLauro, Mr. Mineta, and Mr. Nadler

                            October 7, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                5, 1993]

_______________________________________________________________________

                                 A BILL

 
To strengthen the authority to require safe workplaces for Federal and 
           Postal Service employees, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal and Postal Service Employees 
Occupational Safety and Health Act of 1994''.

SEC. 2. FEDERAL OCCUPATIONAL SAFETY AND HEALTH PROGRAMS.

    (a) New Subchapter.--Chapter 79 of title 5, United States Code, is 
amended--
            (1) by inserting before section 7901 the following:

                 ``SUBCHAPTER I--GENERAL PROVISIONS'';

            (2) by repealing section 7902; and
            (3) by adding at the end the following:

        ``SUBCHAPTER II--FEDERAL OCCUPATIONAL SAFETY AND HEALTH

``Sec. 7911. Definitions; applicability
    ``(a) For the purpose of this subchapter--
            ``(1) the term `agency' means an Executive agency, the 
        United States Postal Service, and the Postal Rate Commission, 
        but shall not include the General Accounting Office;
            ``(2) the term `employee' means any person, other than a 
        member of the Armed Forces, employed by an agency, including 
        any individual employed outside the United States;
            ``(3) the term `Commission' means the Occupational Safety 
        and Health Review Commission established under the Occupational 
        Safety and Health Act of 1970;
            ``(4) the term `Secretary' means the Secretary of Labor;
            ``(5) the term `worksite' means a single physical location 
        where the work of the agency is conducted or where services or 
        operations are performed by employees of the agency; where 
        distinctly separate activities are performed at a single 
        physical location, each activity shall be treated as a separate 
        worksite; and
            ``(6) the term `State' includes a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, American Samoa, Guam, and the Trust Territory of the 
        Pacific Islands.
    ``(b) This subchapter shall apply with respect to employment in a 
workplace, whether inside or outside the United States.
``Sec. 7912. Employee rights and obligations
    ``Each employee of an agency--
            ``(1) shall have the right to employment and a place of 
        employment which are free from recognized safety and health 
        hazards that are causing or are likely to cause death or 
        serious physical harm to employees;
            ``(2) shall have the right to report unsafe or unhealthy 
        working conditions to appropriate officials without fear of 
        reprisal; and
            ``(3) shall comply with occupational safety and health 
        standards, rules, and orders issued under section 6 of the 
        Occupational Safety and Health Act of 1970, and all regulations 
        issued pursuant to this subchapter which are applicable to the 
        employee's actions and conduct.
The rights of employees under this section are in addition to any other 
rights which such employees may have.
``Sec. 7913. Duties of agencies
    ``(a) The head of each agency shall--
            ``(1) furnish, to each employee of such agency and to each 
        other employee at a worksite of the agency, employment and a 
        place of employment which are free from recognized hazards 
        which the agency creates or controls or to which the agency 
        exposes employees and which are causing or are likely to cause 
        death or serious physical harm to employees;
            ``(2) comply with occupational safety and health standards, 
        rules, and orders under section 6 of the Occupational Safety 
        and Health Act of 1970, and all regulations issued pursuant to 
        this subchapter;
            ``(3) acquire, maintain and require the use of such safety 
        equipment, personal protective equipment and clothing, and 
        devices as are reasonably necessary to protect employees of 
        such agency from unsafe or unhealthy conditions in the 
        performance of their duties, at no cost to the employees; and
            ``(4) ensure that the safety and health program established 
        under section 7914 and the agency employees who administer such 
        program and other provisions of this subchapter have the funds, 
        authority, training, and qualified personnel to effectively 
        carry out the requirements of this subchapter.
    ``(b) Notwithstanding sections 7103(a)(14)(C), 7106(a), and 7117 
(a) and (b), the duty to bargain in good faith under chapter 71 of this 
title, chapter 12 of title 39, or chapter 74 of title 38 shall, in 
addition to any other matter to which it applies, also extend to 
occupational safety and health matters generally and the substance of 
the programs and requirements under this subchapter, except that any 
matter agreed to shall afford at least the level of protection which 
would otherwise be required under this subchapter and section 6 of the 
Occupational Safety and Health Act of 1970.
    ``(c)(1) The head of each agency shall appoint a Designated Agency 
Safety and Health Officer (hereinafter in this subchapter referred to 
as a `DASHO'). The DASHO shall perform such functions as the head of 
the agency may from time to time prescribe in establishing and carrying 
out the agency safety and health program.
    ``(2) The head of each agency shall appoint such other subordinate 
officials as are necessary to ensure that the agency's safety and 
health program is carried out at all agency worksites.  
    ``(d) The head of each agency shall ensure that, in conducting any 
performance evaluation of any employee with management or supervisory 
functions, such evaluation measures such employee's performance in 
meeting the requirements of this subchapter and of the safety and 
health program of the agency, consistent with such employee's 
responsibilities and duties thereunder.
    ``(e)(1) Each agency shall make, keep and preserve, and make 
available to the Secretary or the Secretary of Health and Human 
Services, such records regarding its activities relating to this 
subchapter as the Secretary, in cooperation with the Secretary of 
Health and Human Services, may prescribe by regulation as necessary or 
appropriate for the enforcement of this subchapter or for developing 
information regarding the causes and prevention of occupational 
accidents and illnesses. The Secretary shall also issue regulations 
requiring that agencies, through posting of notices or other 
appropriate means, keep their employees informed of their protections 
and obligations under this subchapter, including the provisions of 
applicable standards. Such regulations shall include provisions 
requiring agencies to post for employees the protections afforded under 
section 7922, including the circumstances under which an employee is 
protected against reprisal for refusing to perform duties that might 
result in serious injury to the employee or other employees.
    ``(2) The Secretary, in cooperation with the Secretary of Health 
and Human Services, shall prescribe regulations requiring each agency 
to maintain accurate records of, and make periodic reports on, work-
related deaths, injuries, illnesses, work-related illness reported by 
an employee or an employee's physician (unless the agency makes a 
reasonable determination that the illness is not work-related), and an 
adverse medical condition determined as a result of a medical 
examination or test conducted under an occupational safety and health 
standard. Records and reports shall not be required for minor injuries 
requiring only first aid treatment and which do not involve medical 
treatment, loss of consciousness, restriction of work or motion, or 
transfer to another job.
    ``(3) The Secretary, in cooperation with the Secretary of Health 
and Human Services, shall prescribe regulations requiring each agency 
to maintain accurate records of employee exposures to potentially toxic 
materials or harmful physical agents which are required to be monitored 
or measured under section 6 of the Occupational Safety and Health Act 
of 1970. Each agency shall provide employees or their representatives 
with an opportunity to observe such monitoring or measuring, and to 
have access to the records thereof, and shall also make appropriate 
provision for each employee or former employee to have access to such 
records as will indicate that individual's own exposure to toxic 
materials or harmful physical agents. Each agency shall promptly notify 
any employee who has been or is being exposed to toxic materials or 
harmful physical agents in concentrations or at levels which exceed 
those prescribed by an applicable occupational safety and health 
standard promulgated under section 6 of the Occupational Safety and 
Health Act of 1970. The agency shall inform any employee who is being 
thus exposed of the corrective action being taken to prevent further 
such exposure.
``Sec. 7914. Safety and health programs
    ``(a) The head of each agency shall establish and carry out a 
comprehensive, agency-wide occupational safety and health program to 
reduce or eliminate hazards and to prevent injuries and illnesses to 
employees. The scope of such a program shall include, but not be 
limited to, establishment and evaluation of worksite safety and health 
programs established under subsection (b); activities that span 
multiple worksites, such as education and training programs; and 
inspections by qualified safety and occupational health specialists.
    ``(b) The head of each agency shall establish and carry out a 
written safety and health program in each worksite that includes--
            ``(1) methods and procedures for identifying, evaluating, 
        and documenting safety and health hazards, including the 
        designation of 1 or more representatives of the agency who have 
        the qualifications and responsibility to identify safety and 
        health hazards;
            ``(2) methods and procedures for correcting the safety and 
        health hazards identified under paragraph (1) and protecting 
        employees in imminent danger situations, including the 
        designation of 1 or more representatives of the agency who have 
        the authority to initiate corrective action at each location 
        where the agency's employees work;
            ``(3) methods and procedures for investigating and 
        recording work-related illnesses, injuries, and deaths;
            ``(4) methods and procedures for providing emergency 
        response first-aid and other occupational health services that 
        are required by regulations under this subchapter;
            ``(5) methods and procedures for employee participation in 
        the implementation of the agency's safety and health program, 
        including participation through a safety and health committee 
        established under section 7915, where applicable;
            ``(6) methods and procedures for providing safety and 
        health training and education to employees and to members of a 
        safety and health committee established under section 7915;
            ``(7) in the case of a worksite where employees of 2 or 
        more agencies work, procedures for each agency to protect 
        employees at the worksite from hazards under the agency's 
        control, including procedures to provide information on safety 
        and health hazards to other agencies and employees at the 
        worksite; and
            ``(8) such other measures as the Secretary may by 
        regulation require to carry out the purposes of this 
        subchapter.
    ``(c) The agency shall permit employees to take such time from work 
as is reasonably necessary to participate in the agency-wide or 
worksite safety and health programs, including training and education 
activities. Such participation shall be considered to be time worked, 
and no employee shall suffer any adverse effect in terms of pay, 
benefits, or any other term or condition of employment for having 
participated.
    ``(d)(1) The Secretary shall, within 18 months after the effective 
date of the Federal and Postal Service Employees Occupational Safety 
and Health Act of 1994, issue final regulations on agency safety and 
health programs required by this section.
    ``(2) The regulations of the Secretary under paragraph (1) 
respecting an agency's safety and health program shall--
            ``(A) provide for training and education of employees at 
        the time of assignment in a manner that is readily understood 
        by such employees concerning safety and health hazards, control 
        measures, and the agency's safety and health program;
            ``(B) provide for the dissemination of information to 
        employees at the time of appointment, in a manner that is 
        readily understood by such employees, regarding employee rights 
        and obligations, the protections afforded under section 7922, 
        including the circumstances under which an employee is 
        protected against reprisal for refusing to perform duties that 
        might result in serious injury or for reporting an unsafe 
        condition, and applicable laws and regulations;
            ``(C) provide for training and education of safety and 
        health committee members, at the time of their selection, to 
        enable such members to carry out the activities of the 
        committee under section 7915;
            ``(D) require that refresher training and additional 
        training be provided to employees and to safety and health 
        committee members as needed and when there are changes in 
        conditions or operations that may expose employees to new or 
        different safety or health hazards or when there are changes in 
        safety and health regulations or standards under this 
        subchapter or section 6 of the Occupational Safety and Health 
        Act of 1970 that apply to the agency; and
            ``(E) provide that any specific program or training 
        requirements imposed by regulations issued under section 6 of 
        the Occupational Safety and Health Act of 1970 may be combined 
        or coordinated with the agency's safety and health program.
    ``(e) The head of each agency shall develop and implement a program 
for evaluating the effectiveness of the agency's safety and health 
program and shall report to the Secretary annually the results of such 
evaluation. The annual report shall--
            ``(1) report the status on appropriate outcome performance 
        measures, consistent with regulations established by the 
        Secretary under subsection (d), which the agency is using to 
        determine program effectiveness;
            ``(2) summarize the agency's evaluations of each worksite 
        safety and health program;
            ``(3) describe any violations of safety and health program 
        or committee requirements found by the Secretary in the 
        inspections and investigations conducted under section 7916, 
        and what steps have been taken to ensure that such violations 
        do not exist at other worksites within the agency; and
            ``(4) contain other such information as the Secretary shall 
        require.
    ``(f)(1) As part of the agency-wide safety and health program, and 
in order to carry out the purposes of this subchapter, the head of each 
agency shall ensure that each worksite of such agency is inspected by a 
qualified safety or occupational health specialist--
            ``(A) annually;
            ``(B) as needed in worksites where conditions create a high 
        risk of accident, injury, or illness;
            ``(C) as needed to confirm that hazardous conditions 
        identified in inspections by the worksite safety and health 
        committees, the agency, or the Secretary have been abated; and
            ``(D) as may be required under paragraph (2).
    ``(2)(A) Any employee of an agency and any representative of such 
employee may request an inspection under paragraph (1) by reporting to 
the DASHO in such agency (or to any designee of the DASHO), any unsafe 
or unhealthy working condition. Upon the request of the individual 
making such report, the agency shall not disclose the identity of any 
individual who makes such report except to an authorized representative 
of the Secretary.
    ``(B) If a report is made under subparagraph (A), and the DASHO (or 
designee) determines that there are reasonable grounds to believe such 
a hazard exists, an inspection shall be conducted under paragraph (1)--
            ``(i) within 12 hours after the receipt of such report in 
        the case of a condition which presents an imminent danger to 
        the safety or health of employees;
            ``(ii) within 3 working days after the receipt of such 
        report in the case of a condition which presents a potentially 
        serious risk to the safety or health of employees of the 
        agency; or
            ``(iii) within 20 working days after the receipt of such 
        report in the case of a condition other than 1 described in 
        clause (i) or (ii).
    ``(C) If the DASHO determines that there are no reasonable grounds 
to believe that a violation or danger exists, the DASHO shall notify 
the employees or representative of the employees in writing of such 
determination within 15 days after receipt of the request for 
inspection.
    ``(3) If it is determined in an inspection conducted under this 
subsection that an imminent danger to safety or health exists at the 
worksite, the inspector conducting such inspection shall immediately 
inform the designated representative of the agency at the worksite who 
has the authority to initiate corrective action, and the affected 
employees in such worksite and the representative of such employees (if 
any). The agency representative with authority to initiate corrective 
action in the worksite shall immediately correct the condition or 
practice constituting an imminent danger or remove employees from 
exposure to such danger. For the purposes of this subchapter, an 
imminent danger exists when there is a condition or practice in a place 
of employment that could reasonably be expected to cause death or 
serious physical harm or permanent impairment to the health or 
functional capacity of employees if not corrected immediately or before 
the imminence of such danger can be eliminated through the enforcement 
procedures otherwise required by this subchapter.
``Sec. 7915. Safety and health committees
    ``(a) The head of each agency shall establish a safety and health 
committee (hereinafter in this section referred to as the `committee') 
at each worksite in accordance with subsection (d), subject to 
subsections (e) and (g). The head of each agency shall make available 
to such committees all information and assistance relevant and 
necessary for carrying out the purposes of this section.
    ``(b) The purpose of the committees is to bring employees and 
agency management together in a nonadversarial, cooperative effort to 
promote safety and health in each worksite. A safety and health 
committee established under subsection (a) assists the agency head and 
makes recommendations regarding methods of addressing safety and health 
hazards. The committee rights include, but are not limited to, those 
specified in subsection (c).
    ``(c)(1) Each committee shall have the right, within reasonable 
limits and in a reasonable manner, to--
            ``(A) review any safety and health program established 
        under section 7914;
            ``(B) review incidents resulting in work-related deaths, 
        injuries, and illnesses, and complaints regarding safety or 
        health hazards by employees or committee members;
            ``(C) review, upon request to the agency by any committee 
        member, the agency's work injury and illness records, other 
        than personally identifiable medical information, and other 
        reports or documents relating to occupational safety and 
        health;
            ``(D) conduct inspections of the worksite at least once 
        every 3 months and in response to complaints regarding safety 
        or health hazards by employees or committee members;
            ``(E) conduct interviews with employees in conjunction with 
        inspections of the worksite;
            ``(F) conduct regularly-scheduled meetings at least once 
        every 3 months and maintain written minutes of such meetings;
            ``(G) call special meetings, where necessary, with advance 
        notice to members of the committee, employees, and exclusive 
        representatives of employees;
            ``(H) observe the measurement of employee exposure to toxic 
        materials and harmful physical agents;
            ``(I) on behalf of the committee as a whole, agency or 
        employee representatives on the committee or individual 
        committee members, make recommendations, and receive a response 
        from the agency, regarding improvements in the comprehensive 
        agency-wide safety and health program or the worksite safety 
        and health program and correction of hazards to employee safety 
        or health; and
            ``(J) accompany the head of the agency or the head of the 
        agency's representative during any physical inspection of the 
        committee's worksite under section 7914(f), and the Secretary 
        or the Secretary's representative during any physical 
        inspection of the worksite under section 7916.
    ``(2) The agency shall permit members of the committee to take such 
time from work as is reasonably necessary to carry out the functions of 
the committee, without suffering any adverse effect in terms of pay, 
benefits, or any other term or condition of employment.
    ``(d)(1) Each committee shall consist of the employee safety and 
health representatives elected or appointed under paragraph (3) and up 
to an equal number of agency representatives. In determining the 
average number of nonmanagerial employees of an agency for purposes of 
this subsection, only employees employed more than an average of 20 
hours per week shall be counted.
    ``(2) Each committee shall include--
            ``(A) 1 employee safety and health representative at each 
        worksite where the average number of nonmanagerial employees of 
        the agency during the preceding calendar year was more than 10, 
        but less than 51;
            ``(B) 2 employee safety and health representatives at each 
        worksite where the average number of nonmanagerial employees of 
        the agency during the preceding calendar year was more than 50 
        but less than 101; or
            ``(C) at each worksite where the average number of 
        nonmanagerial employees of the agency during the preceding 
        calendar year was more than 100, 2 employee safety and health 
        representatives plus 1 additional representative for every unit 
        of 100 by which such average exceeds 100, except that not more 
        than a total of 6 employee safety and health representatives 
        shall be allowed under this subparagraph.
    ``(3) The agency's nonmanagerial employees shall, in accordance 
with procedures under subsection (e)(1), select employee safety and 
health representatives by and from among themselves, as follows:
            ``(A) Where none of the agency's employees at a worksite 
        are represented by an exclusive representative, the employees 
        shall select employee safety and health representatives.
            ``(B) Where the agency's employees are represented by a 
        single exclusive representative, the representative shall 
        designate the employee safety and health representatives.
            ``(C) Where the agency's employees are represented by more 
        than one exclusive representative or where some but not all of 
        the employees are represented by an exclusive representative, 
        each such exclusive representative and, where applicable, the 
        employees shall designate a proportionate number of employee 
        safety and health representatives in a manner prescribed by the 
        Secretary by regulation.
    ``(4) An employee shall have the right to seek to be an employee 
safety and health representative and to otherwise participate in the 
selection process without being subject to penalties, discipline, 
agency interference, or reprisal of any kind.
    ``(e)(1) The Secretary shall, within 18 months after the effective 
date of the Federal and Postal Service Employees Occupational Safety 
and Health Act of 1994, issue regulations on safety and health 
committees. Such regulations shall include provisions relating to--
            ``(A) the functioning of committees, including the 
        selection, terms, and number of employee safety and health 
        representatives and the maintenance of records; and
            ``(B) the procedures for obtaining employee participation 
        in the worksite safety and health program and inspections 
        conducted by the Secretary in worksites with fewer than 11 
        employees.
    ``(2) Regulations issued under paragraph (1) shall include 
provisions addressing situations in which--
            ``(A) an agency's employees do not primarily report to or 
        work at a fixed location;
            ``(B) employees of more than 1 agency employer are 
        employed; and
            ``(C) access to all or part of a worksite requires a 
        security clearance.
    ``(f) The rights and remedies provided to employees and employee 
safety and health representatives by this section are in addition to, 
and not in lieu of, any other rights and remedies provided by contract, 
by other provisions of this subchapter, or by other applicable law, and 
are not intended to alter or affect such rights and remedies.
    ``(g) Upon application of the agency, the Secretary may approve the 
establishment of a mechanism for employee participation in the 
promotion of worksite safety and health which differs in form from the 
safety and health committee if the alternative ensures that employees 
may meaningfully participate in safety and health activities at the 
worksite. An application to establish an alternative mechanism for 
employee participation may not be approved by the Secretary unless--
            ``(1) the mechanism for employee participation provides for 
        the free and fair selection of employee participants by and 
        from among the agency's nonmanagerial employees in a manner 
        that ensures that employees will not be subject to penalties, 
        discipline, agency interference, or reprisals of any kind;
            ``(2) the mechanism for employee participation ensures that 
        the rights under subsection (c) may be exercised by the 
        employee participants; and
            ``(3) the mechanism for employee participation contains 
        such other provisions as the Secretary may require.
The Secretary shall not approve an application unless the agency's 
nonmanagerial employees have received notice and have been provided at 
least 60 days in which to comment on the application and, where the 
agency's employees are represented by one or more exclusive 
representatives, unless such representatives support the agency's 
application.
``Sec. 7916. Inspections and investigations by the Secretary
    ``(a) In order to carry out the purposes of this subchapter, the 
Secretary, upon presenting appropriate credentials, is authorized--
            ``(1) to enter without delay any facility, site, 
        establishment or other area, workplace, or environment where 
        work is performed by an employee of an agency; and
            ``(2) to inspect and investigate, within reasonable limits 
        and in a reasonable manner, any such place of employment and 
        all pertinent conditions, structures, machines, apparatus, 
        devices, equipment, and materials therein, and to question 
        privately any such agency employee or official.
    ``(b) In making any inspection or investigation under this 
subchapter, the Secretary may require the attendance and testimony of 
witnesses and the production of evidence under oath. Witnesses who are 
not employees of the agency shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States. In case of 
contumacy, or a failure or refusal of any person to obey such an order, 
any district court of the United States or the United States courts of 
any territory or possession, within the jurisdiction of which such 
person is found, resides, or transacts business, upon the application 
by the Secretary, shall have jurisdiction to issue to such person an 
order requiring such person to appear to produce evidence if, as, and 
when so ordered, and to give testimony relating to the matter under 
investigation or in question, and any failure to obey such order of the 
court may be punished by such court as a contempt thereof.
    ``(c)(1) Subject to regulations issued by the Secretary, a 
representative of the agency and a designee of the employee 
representatives on the worksite safety and health committee shall be 
given an opportunity to accompany the Secretary or an authorized 
representative of the Secretary during the physical inspection of any 
workplace under subsection (a) for the purpose of aiding such 
inspection. Where there is no worksite safety and health committee, an 
employee representative identified according to regulations established 
under 7915(e) shall be given an opportunity to accompany the Secretary 
or the Secretary's representative during the inspection. Time spent by 
an employee on any such inspection shall be considered to be time 
worked, and no employee shall suffer any adverse effect in terms of 
pay, benefits, or any other term or condition of employment for having 
participated in the inspection.
    ``(2) A representative of the Administrator of General Services 
shall, upon request of the Secretary, accompany the Secretary in an 
inspection under this section of a facility subject to the authority of 
the Administrator.
    ``(d)(1) Any employees or representative of employees who believe 
that a violation of this subchapter or a safety or health standard 
under section 6 of the Occupational Safety and Health Act of 1970 
exists that threatens physical harm, or that an imminent danger exists, 
may request an inspection by giving notice to the Secretary or the 
Secretary's authorized representative of such violation or danger. Any 
such notice shall be reduced to writing, shall set forth with 
reasonable particularity the grounds for the notice, and shall be 
signed by the employees or representative of employees, and a copy 
shall be provided the agency no later than at the time of inspection, 
except that, upon the request of the person giving such notice, such 
person's name and the names of any employees referred to therein shall 
not appear in such copy or on any record published, released, or made 
available pursuant to subsection (e). If, upon receipt of such 
notification, the Secretary determines there are reasonable grounds to 
believe that such violation or danger exists, the Secretary shall make 
a special inspection in accordance with the provisions of this section 
as soon as practicable to determine if such violation or danger exists. 
If the Secretary determines there are no reasonable grounds to believe 
that a violation or danger exists, the Secretary shall notify the 
employees or representative of the employees in writing of such 
determination within 30 days after receipt of the request for 
inspection.
    ``(2) If, upon receipt of a notification other than those specified 
in paragraph (1), the Secretary determines that there are reasonable 
grounds to believe that a violation of this subchapter or a safety and 
health standard promulgated under section 6 of the Occupational Safety 
and Health Act of 1970 exists that threatens physical harm, the 
Secretary shall conduct an investigation. The Secretary shall by 
regulation establish procedures for conducting such investigations 
which shall include provisions for verifying the existence or abatement 
of the alleged violation and for notice to affected employees of the 
Secretary's investigation of the alleged violation.
    ``(3) The head of any Federal or State agency or the representative 
of the head of any such agency who believes that a violation of this 
subchapter or a safety or health standard exists that threatens 
physical harm, or that an imminent danger exists, may request an 
inspection by giving notice to the Secretary or the Secretary's 
authorized representative of such violation or danger. Upon receipt of 
such notification, the Secretary shall make a special inspection as 
soon as practicable to determine if such violation or danger exists.
    ``(4) Prior to or during any inspection or investigation of a 
workplace, any employees or representative of employees employed in 
such workplace may notify the Secretary or any representative of the 
Secretary responsible for conducting the inspection or investigation, 
in writing, of any violation of this subchapter or section 6 of the 
Occupational Safety and Health Act of 1970 which they have reason to 
believe exists in such workplace. The Secretary shall, by regulation, 
establish procedures for informal review of any refusal by a 
representative of the Secretary to issue a citation with respect to any 
such alleged violation and shall furnish the employees or 
representative of employees requesting such review a written statement 
of the reasons for the Secretary's final disposition of the case.
    ``(e)(1) The Secretary and the Secretary of Health and Human 
Services each may compile, analyze, and publish, either in summary or 
detailed form, all reports or information obtained under this 
subchapter.
    ``(2) The Secretary and the Secretary of Health and Human Services 
shall each prescribe such rules and regulations as each may deem 
necessary with respect to their responsibilities, the duties of 
agencies, and other requirements under this subchapter.
    ``(f)(1) The Secretary shall establish and carry out a special 
emphasis inspection program for conducting inspections of agency 
operations where--
            ``(A) existing hazards, or
            ``(B) newly recognized or new hazards introduced into 
        worksites,
warrant more intensive than normal inspections, as determined by the 
Secretary.
    ``(2) The Secretary shall annually designate the operations for the 
special emphasis inspection program and identify the number of special 
emphasis inspections that the Secretary plans to conduct in each 
designated operation and the number of enforcement personnel required 
for such inspections.
    ``(3) The Secretary shall include information on inspections 
conducted pursuant to paragraph (2) during the preceding year as part 
of the Secretary's annual report required under section 7921.
    ``(g)(1) For the purposes of this subsection, the term `serious 
incident' means an incident that results in the hospitalization of 2 or 
more employees.
    ``(2) The Secretary shall investigate any work-related death or 
serious incident.
    ``(3) If a death or serious incident occurs in a place of 
employment covered by this subchapter, the agency shall notify the 
Secretary of the death or serious incident and shall take appropriate 
measures to prevent the destruction or alteration of any evidence that 
would assist in investigating the death or serious incident. The 
appropriate measures required by this paragraph do not prevent an 
agency from taking action at a worksite to prevent injury to employees 
or substantial damage to property. If an agency takes such action, the 
agency shall notify the Secretary of the action in a timely fashion.
``Sec. 7917. Citations
    ``(a) If, upon inspection or investigation, the Secretary or the 
Secretary's authorized representative believes that an agency has 
violated a requirement of--
            ``(1) section 7912, 7913, 7914, or 7915;
            ``(2) any standard, rule or order prescribed pursuant to 
        section 6 of the Occupational Safety and Health Act of 1970; or
            ``(3) any regulation prescribed under this subchapter,
the Secretary shall with reasonable promptness issue a citation to the 
agency. Each citation shall be in writing and shall describe with 
particularity the nature of the violation, including a reference to the 
provision of law, standard, rule, regulation, or order alleged to have 
been violated. In addition, the citation shall fix a reasonable time 
for the abatement of the violation. The Secretary may prescribe 
procedures for the issuance of a notice in lieu of a citation with 
respect to de minimis violations which have no direct or immediate 
relationship to safety or health.
    ``(b) Each citation issued under this section, or a copy or copies 
thereof, shall be prominently posted, as prescribed in regulations 
issued by the Secretary, at or near each place a violation referred to 
in the citation occurred.
    ``(c) No citation may be issued under this section after the 
expiration of 6 months following the occurrence of any violation. The 
6-month time limit shall not apply to a notification of penalty.
    ``(d) A citation issued under this section to an agency that 
violates the requirements of paragraph (1) or (2) of section 7912 or 
section 7913(a); any standard, rule, or order prescribed pursuant to 
section 6 of the Occupational Safety and Health Act of 1970; or any 
regulation prescribed under this subchapter shall be vacated if such 
agency demonstrates that, prior to the date of the alleged violation--
            ``(1) employees of such agency were provided with the 
        proper training and equipment to prevent such a violation;
            ``(2) work rules designed to prevent such a violation were 
        established and adequately communicated to employees by such 
        agency and were being effectively enforced when a violation was 
        discovered;
            ``(3) the failure of employees to observe work rules led to 
        the violation; and
            ``(4) reasonable steps were taken by such agency to 
        discover any such violation.
``Sec. 7918. Procedure for enforcement
    ``(a) If, after an inspection or investigation, the Secretary 
issues a citation under section 7917, the Secretary shall, within a 
reasonable time after the termination of such inspection or 
investigation, notify the agency by certified mail of the penalty, if 
any, proposed to be assessed under section 7918e and that the agency 
has 15 working days within which to notify the Secretary that such 
agency wishes to contest the citation or proposed assessment of 
penalty. If, within 15 working days after the receipt of the notice 
issued by the Secretary, the agency fails to notify the Secretary that 
the agency intends to contest the citation or proposed assessment of 
penalty, and no notice is filed by any employee or representative of 
employees under subsection (c) within such time, the citation and the 
assessment, as proposed, shall be deemed a final order of the 
Occupational Safety and Health Review Commission and not subject to 
review by any court or agency.
    ``(b) If the Secretary has reason to believe that an agency has 
failed to correct a violation for which a citation has been issued 
within the period permitted for its correction (which period for other 
than serious violations shall not begin to run until the entry of a 
final order by the Commission in the case of any review proceedings 
under this section initiated by the agency in good faith and not solely 
for delay or avoidance of penalties), the Secretary shall notify the 
agency by certified mail of such failure and of the penalty proposed to 
be assessed under section 7918e by reason of such failure, and that the 
agency has 15 working days within which to notify the Secretary that 
such agency wishes to contest the Secretary's notification or the 
proposed assessment of penalty. If, within 15 working days after the 
receipt of notification issued by the Secretary, the agency fails to 
notify the Secretary that it intends to contest the notification or 
proposed assessment of penalty, the notification and assessment, as 
proposed, shall be deemed a final order of the Commission and not 
subject to review by any court or agency. In lieu of providing the 
notification required by this subsection, where a notice of contest to 
a citation is pending before the Commission, the Secretary may by 
appropriate motion in that proceeding assert that the agency has failed 
to abate the violation within the time period fixed in the citation.
    ``(c) If an agency notifies the Secretary that it intends to 
contest a citation issued under section 7917(a) or notification issued 
under subsection (a) or (b) of this section, or if, within 15 working 
days after the issuance of a citation or modification of a citation 
under section 7917(a), any employee or representative of employees 
files a notice with the Secretary alleging that the citation fails 
properly to designate the violation as serious, willful, or repeated, 
or that the proposed penalty is not adequate, or alleging that the 
period of time fixed in the citation for the abatement of the violation 
is unreasonable, the Secretary shall immediately advise the Commission 
of such notification, and the Commission shall afford an opportunity 
for a hearing (in accordance with section 554, but without regard to 
subsection (a)(3) of such section). The pendency of a contest before 
the Commission shall not bar the Secretary from inspecting a place of 
employment or from issuing a citation under section 7917. The 
Commission shall thereafter issue an order, based on findings of fact, 
affirming, modifying, or vacating the Secretary's citation or proposed 
penalty, or directing other appropriate relief, and such order shall 
become final 30 days after its issuance. Upon a showing by an agency of 
a good faith effort to comply with the abatement requirements of a 
citation, and that abatement has not been completed because of factors 
beyond the agency's reasonable control, the Secretary, after an 
opportunity for a hearing as provided in this subsection, shall issue 
an order affirming or modifying the abatement requirements in such 
citation. The rules of procedure prescribed by the Commission shall 
provide affected employees or representatives of affected employees an 
opportunity to participate as parties to proceedings under this 
subsection.
    ``(d) Each agency to which a citation for a serious, willful, or 
repeated violation has been issued under section 7917 shall verify the 
abatement of such violation in writing to the Secretary not later than 
10 days after the period for correction of the violation has expired. 
Such verification shall include appropriate documentary evidence of 
abatement. In addition, each such agency shall prominently post, within 
10 days after the verification of abatement, at or near each place a 
violation occurred a notice that the violation has been abated, and 
shall make available to employees and employee representatives for 
inspection a copy of the verification of abatement provided to the 
Secretary pursuant to this subsection. The Secretary shall issue 
regulations to implement this subsection within 1 year of the date of 
the enactment of the Federal and Postal Service Employees Occupational 
Safety and Health Act of 1994.
    ``(e)(1) If the Secretary intends to withdraw or to modify a 
citation as a result of any agreement with the cited agency, the rules 
of procedure prescribed by the Commission shall provide for prompt 
notice to affected employees or representatives of affected employees, 
which notice shall include the terms of the proposed agreement.
    ``(2) Within 15 working days of receipt of the notice provided in 
accordance with paragraph (1), any employee or representative of 
employees, regardless of whether such employee or representative has 
previously elected to participate in the proceedings, shall have the 
right to file a notice with the Secretary alleging that the proposed 
agreement fails to effectuate the purposes of this subchapter and 
stating the respects in which it fails to do so.
    ``(3) Upon receipt of a notice filed under paragraph (2), the 
Secretary shall consider the matter, and if the Secretary determines to 
proceed with the proposed agreement, the Secretary shall respond with 
particularity to the statements presented in that notice.
    ``(4) Within 15 working days following the Secretary's response 
provided pursuant to paragraph (3), the employee or representative of 
employees shall, upon a request to the Commission, have the right to a 
hearing as to whether adoption of the proposed agreement would 
effectuate the purposes of this subchapter, including a determination 
as to whether the proposed agreement would adequately abate the alleged 
violations.
    ``(5) If the Commission determines that a proposed agreement fails 
to effectuate the purposes of this subchapter, the proposed agreement 
shall not be entered as an order of the Commission and the citation 
shall not be withdrawn or modified in accordance with the proposed 
agreement.
    ``(f) To the extent applicable, the provisions of section 12 of the 
Occupational Safety and Health Act of 1970 shall govern proceedings 
before the Commission under this subchapter.
``Sec. 7918a. Judicial review
    ``(a) Any person adversely affected or aggrieved by an order of the 
Commission issued under subsection (c) of section 7918 may obtain a 
review of such order in any United States court of appeals for the 
circuit in which the violation is alleged to have occurred or where the 
agency has its principal office, or in the Court of Appeals for the 
District of Columbia Circuit, by filing in such court within 60 days 
following the issuance of such order a written petition praying that 
the order be modified or set aside. A copy of such petition shall be 
forthwith transmitted by the clerk of the court to the Commission and 
to the other parties, and thereupon the Commission shall file in the 
court the record in the proceeding as provided in section 2112 of title 
28. Upon such filing, the court shall have jurisdiction of the 
proceeding and of the question determined therein, and shall have power 
to grant such temporary relief or restraining order as it deems just 
and proper, and to make and enter upon the pleadings, testimony, and 
proceedings set forth in such record a decree affirming, modifying, or 
setting aside in whole or in part, the order of the Commission and 
enforcing the same to the extent that such order is affirmed or 
modified. The commencement of proceedings under this subsection shall 
not, unless ordered by the court, operate as a stay of the order of the 
Commission. No objection that has not been urged before the Commission 
shall be considered by the court, unless the failure or neglect to urge 
such objection shall be excused because of extraordinary circumstances. 
The findings of the Commission with respect to questions of fact, if 
supported by substantial evidence on the record considered as a whole, 
shall be conclusive. If any party shall apply to the court for leave to 
adduce additional evidence and shall show to the satisfaction of the 
court that such additional evidence is material and that there were 
reasonable grounds for the failure to adduce such evidence in the 
hearing before the Commission, the court may order such additional 
evidence to be taken before the Commission and to be made a part of the 
record. The Commission may modify its findings as to the facts, or make 
new findings, by reason of additional evidence so taken and filed, and 
it shall file such modified or new findings, which findings with 
respect to questions of fact, if supported by substantial evidence on 
the record considered as a whole, shall be conclusive, and its 
recommendations, if any, for the modification or setting aside of its 
original order. Upon the filing of the record with it, the jurisdiction 
of the court shall be exclusive and its judgment and decree shall be 
final, except that the same shall be subject to review by the Supreme 
Court of the United States, as provided in section 1254 of title 28. 
Petitions filed under this subsection shall be heard expeditiously.
    ``(b) The Secretary may also obtain review or enforcement of any 
final order of the Commission by filing a petition for such relief in 
the United States court of appeals for the circuit in which the alleged 
violation occurred or in which the agency has its principal office, and 
the provisions of subsection (a) shall govern such proceedings to the 
extent applicable. If no petition for review, as provided in subsection 
(a), is filed within 60 days after service of the Commission's order, 
the Commission's findings of fact and order shall be conclusive in 
connection with any petition for enforcement which is filed by the 
Secretary after the expiration of such 60-day period. In any such case, 
as well as in the case of a noncontested citation or notification by 
the Secretary which has become a final order of the Commission under 
subsection (a) or (b) of section 7918, the clerk of the court, unless 
otherwise ordered by the court, shall forthwith enter a decree 
enforcing the order and shall transmit a copy of such decree to the 
Secretary and the agency named in the petition. In any contempt 
proceeding brought to enforce a decree of a court of appeals entered 
pursuant to this subsection or subsection (a), the court of appeals may 
assess the penalties provided in section 7918e, in addition to invoking 
any other available remedies.
    ``(c) For the purpose of this section, the term `person' includes 
an agency.
``Sec. 7918b. Procedures to counteract imminent dangers
    ``(a)(1) If the Secretary determines, on the basis of an inspection 
or investigation under this subchapter, that a condition or practice in 
a place of employment is such that an imminent danger to safety or 
health exists that could reasonably be expected to cause death or 
serious physical harm or permanent impairment to the health or 
functional capacity of employees if not corrected immediately or before 
the imminence of such danger can be eliminated through the enforcement 
procedures otherwise required by this subchapter, the Secretary shall 
so inform the agency and affected employees and representatives of 
affected employees, and shall request that the condition or practice be 
corrected immediately or that employees be immediately removed from 
exposure to such danger. The Secretary shall not prevent the continued 
activity of employees, whose presence is necessary to avoid, correct, 
or remove such imminent danger or maintain the capacity of a continuous 
process operation, to resume normal operations without a complete 
cessation of operations or, where a cessation of operations is 
necessary, to permit such to be accomplished in a safe and orderly 
manner.
    ``(2) If the agency refuses to comply with the request under 
paragraph (1), the Secretary shall immediately cause notice to be 
posted in the workplace identifying the equipment, process, or practice 
that is the source of the imminent danger. Such notice shall take the 
form of a tag or other device that will be seen by employees who might 
otherwise be exposed to the dangerous equipment, process, or practice. 
The notice shall be removed only by the Secretary.
    ``(3) The fact that notice under paragraph (2) has been posted 
shall be noted in any citation issued pursuant to section 7917 with 
respect to the hazard involved.
    ``(4) No person shall discharge or in any manner discriminate 
against any employee because such employee has refused to perform a 
duty that has been identified as the source of an imminent danger by a 
notice posted pursuant to paragraph (2). The right to refuse to perform 
such a duty shall be in addition to any other right to refuse to 
perform hazardous work that is afforded to employees by this 
subchapter, by standards or regulations issued pursuant to this 
subchapter, by contract, or by other applicable law.
    ``(b) The United States district courts shall have jurisdiction, 
upon petition of the Secretary, to restrain any conditions or practices 
in any place of employment which pose an imminent danger as described 
in subsection (a) and to impose the penalty described in section 
7918e(e). Any order issued under this section may require such steps to 
be taken as may be necessary to avoid, correct, or remove such imminent 
danger and prohibit the employment or presence of any individual in 
locations or under conditions where such imminent danger exists, except 
individuals whose presence is necessary to avoid, correct, or remove 
such imminent danger or to maintain the capacity of a continuous 
process operation to resume normal operations without a complete 
cessation of operations, or where a cessation of operations is 
necessary, to permit such to be accomplished in a safe and orderly 
manner.
    ``(c) Upon the filing of any such petition, the district court 
shall have jurisdiction to grant such injunctive relief or temporary 
restraining order pending the outcome of an enforcement proceeding 
pursuant to this subchapter. The proceeding shall be as provided by 
Rule 65 of the Federal Rules of Civil Procedure, except that no 
temporary restraining order issued without notice shall be effective 
for a period longer than 5 days.
    ``(d) If the Secretary arbitrarily or capriciously fails to seek 
relief under this section, any employee who may be injured by reason of 
such failure, or the representative of such employees, may bring an 
action against the Secretary in the United States district court for 
the district in which the imminent danger is alleged to exist or the 
agency has its principal office, or for the District of Columbia, for a 
writ of mandamus to compel the Secretary to seek such an order and for 
such further relief as may be appropriate.
``Sec. 7918c. Representation in civil litigation
    ``Except as provided in section 518(a) of title 28, relating to 
litigation before the Supreme Court, the Solicitor of Labor may appear 
for and represent the Secretary in any civil litigation brought under 
this subchapter, but all such litigation shall be subject to the 
direction and control of the Attorney General.
``Sec. 7918d. Variations, tolerances, and exemptions
    ``The Secretary, on the record, after notice and opportunity for a 
hearing, may provide such reasonable limitations and may make such 
rules and regulations allowing reasonable variations, tolerances, and 
exemptions to and from any or all provisions of this subchapter and 
section 6 of the Occupational Safety and Health Act of 1970 as the 
Secretary may find necessary and proper to avoid serious impairment of 
the national defense. Such action shall not be in effect for more than 
6 months without notification to affected employees and an opportunity 
being afforded for a hearing.
``Sec. 7918e. Penalties
    ``(a) Any agency that willfully or repeatedly violates the 
requirements of section 7912, 7913, 7914, or 7915 of this title, of any 
standard, rule, or order prescribed pursuant to section 6 of the 
Occupational Safety and Health Act of 1970, or of any regulation 
prescribed pursuant to this subchapter, may be assessed a civil penalty 
of not more than $70,000 for each violation, but not less than $5,000 
for each willful violation.
    ``(b) Any agency that has received a citation for a serious 
violation of the requirements of section 7912, 7913, 7914, or 7915 of 
this title, of any standard, rule, or order prescribed pursuant to 
section 6 of the Occupational Safety and Health Act of 1970, or of any 
regulation prescribed pursuant to this subchapter, shall be assessed a 
civil penalty of up to $7,000 for each such violation. The penalty for 
a serious violation shall be at least $1,000.
    ``(c) Any agency that has received a citation for a violation of 
the requirements of section 7912, 7913, 7914, or 7915 of this title, of 
any standard, rule, or order promulgated pursuant to section 6 of the 
Occupational Safety and Health Act of 1970, or of any regulation 
prescribed pursuant to this subchapter, and which violation is 
specifically determined not to be of a serious nature, may be assessed 
a civil penalty of up to $7,000 for each violation.
    ``(d) Any agency that unreasonably fails to correct a violation for 
which a citation has been issued under section 7917(a) within the 
period permitted for its correction (which period for other than 
serious violations shall not begin to run until the date of the final 
order of the Commission in the case of any review proceeding under 
section 7918 initiated by the agency in good faith and not solely for 
delay or avoidance of penalties), shall be assessed a civil penalty of 
not more than $7,000 for each day during which such failure or 
violation continues.
    ``(e) In the event that an agency does not immediately correct a 
hazard referenced in a notice posted under section 7918b(a) or remove 
all employees from exposure thereto, the agency shall be assessed a 
civil penalty of not less than $10,000 and not more than $50,000 for 
each day during which an employee continues to be exposed to the hazard 
unless the Commission or the district court determines the condition or 
practice is not of such nature as to be covered by section 7918b.
    ``(f) Any agency that violates any of the posting requirements, as 
prescribed under the provisions of this subchapter, shall be assessed a 
civil penalty of up to $7,000 for each violation.
    ``(g) Any agency that makes any written misrepresentation to the 
Secretary regarding compliance with this subchapter, any standard, 
rule, or order promulgated under section 6 of the Occupational Safety 
and Health Act of 1970, or any regulation prescribed pursuant to this 
subchapter may be assessed a civil money penalty of up to $70,000 for 
each such misrepresentation.
    ``(h) Any agency officer, management official, or supervisor having 
the authority to prevent the violation of any standard, rule, or order 
promulgated pursuant to section 6 of the Occupational Safety and Health 
Act of 1970 or of any regulation prescribed pursuant to this subchapter 
who willfully violates any such standard, rule, order, or regulation, 
and which violation caused the death of any employee, shall, upon 
conviction, be punished by a fine in accordance with section 3571 of 
title 18 or by imprisonment for not more than 10 years, or by both, 
except that if the conviction is for a violation committed after a 
first conviction of such person, punishment shall be by a fine in 
accordance with section 3571 of title 18, or by imprisonment for not 
more than 20 years, or by both.
    ``(i) Any person who gives advance notice of any inspection to be 
conducted by the Secretary or a representative of the Secretary under 
this subchapter, without authority from the Secretary or the 
Secretary's designee, shall, upon conviction, be punished by a fine in 
accordance with section 3571 of title 18, or by imprisonment for not 
more than 2 years, or by both.
    ``(j) Whoever knowingly makes any false statement, representation, 
or certification in any application, record, report, plan, or other 
document filed or required to be maintained pursuant to this subchapter 
shall, upon conviction, be punished by a fine in accordance with 
section 3571 of title 18, or by imprisonment for not more than 1 year, 
or by both.
    ``(k)(1) Any agency officer, management official, or supervisor 
having the authority to prevent the violation of any standard, rule, or 
order promulgated pursuant to section 6 of the Occupational Safety and 
Health Act of 1970 or of any regulation prescribed pursuant to this 
subchapter who willfully violates any such standard, rule, order, or 
regulation, and which violation causes serious bodily injury to any 
employee but does not cause the death of any employee, shall, upon 
conviction, be punished by a fine in accordance with section 3571 of 
title 18, or by imprisonment for not more than 5 years, or by both, 
except that if the conviction is for a violation committed after a 
first conviction of such person under this subsection or subsection 
(g), punishment shall be by a fine in accordance with section 3571 of 
title 18, or by imprisonment for not more than 10 years, or by both.
    ``(2) The term `serious bodily injury' means bodily injury that 
involves--
            ``(A) a substantial risk of death;
            ``(B) protracted, substantial, and obvious physical 
        disfigurement; or
            ``(C) protracted loss or impairment of the function of a 
        bodily member, organ, or mental faculty.
    ``(l) The Commission shall have authority to assess all civil 
penalties provided in this section, giving due consideration to the 
appropriateness of the penalty with respect to the gravity of the 
violation, the good faith of the agency, and the history of previous 
violations.
    ``(m) For purposes of this section, a serious violation shall be 
deemed to exist in a place of employment if there is a substantial 
probability that death or serious physical harm could result from a 
condition which exists, or from one or more practices, means, methods, 
operations, or processes which have been adopted or are in use in such 
place of employment unless the agency did not, and could not with the 
exercise of reasonable diligence, know of the presence of the 
violation.
    ``(n) Penalties owed under this subchapter shall be paid to the 
Secretary for deposit into the Secretary's penalty fund established 
under section 7924. If necessary in order to recover any such penalties 
owed, an action shall be brought in the name of the United States in 
the United States district court for the district where the violation 
is alleged to have occurred or where the agency has its principal 
office.
    ``(o) Nothing in this subchapter shall preclude State and local law 
enforcement agencies from conducting criminal prosecutions in 
accordance with the laws of such State or locality.
    ``(p) It is the sense of the Congress that no agency should pay any 
fine under this subchapter out of any funds appropriated for employee 
salaries or expenses.
    ``(q) If a penalty or fine is imposed on any agency officer, 
management official, supervisor or employee under subsection (h), (i), 
(j), or (k), such penalty or fine shall not be paid by the agency on 
behalf of that individual.
``Sec. 7919. Special Federal enforcement procedure
    ``Any employee, or the representative of such employees, who may be 
adversely affected by a failure of an agency or the Secretary to carry 
out any duty under this subchapter, may bring an action in the United 
States district court for the district in which such failure is alleged 
to have occurred or the agency has its principal place of business, or 
for the District of Columbia, to compel such agency or the Secretary to 
carry out such duty and for such further relief as may be appropriate. 
If the employee, or the representative of such employees, prevails in 
an action brought under this section, the court in such action shall 
assess the defendants in the action a reasonable attorney's fee and 
other litigation costs reasonably incurred by the employee or 
representative of an employee.
``Sec. 7919a. Federal Advisory Council on Occupational Safety and 
              Health
    ``(a) The Secretary shall establish a Federal Advisory Council on 
Occupational Safety and Health to advise the Secretary in carrying out 
responsibilities under this subchapter. The Council shall consist of 16 
members appointed by the Secretary, of whom 8 shall be representatives 
of Federal agencies and 8 shall be representatives of labor 
organizations representing Federal employees. The members shall serve 
3-year terms with the terms of 5 or 6 members expiring each year. The 
members serving on the Council established pursuant to Executive Order 
12196 on the effective date of this subchapter shall be deemed its 
initial members and their terms shall expire in accordance with the 
terms of their appointment.
    ``(b) The Secretary, or a designee, shall serve as the Chairman of 
the Council, and shall prescribe rules for the conduct of its business.
    ``(c) The Secretary shall make available necessary office space and 
furnish the Council necessary equipment, supplies, and staff services, 
and shall perform such functions with respect to the Council as may be 
required by the Federal Advisory Committee Act.
``Sec. 7920. Facilities provided to federal agencies
    ``(a) The Administrator of General Services shall not provide any 
agency with space that contains any hazards or conditions that violate 
this subchapter or section 6 of the Occupational Safety and Health Act 
of 1970.
    ``(b) The Administrator of General Services shall investigate, upon 
request of an agency, any report of unsafe or unhealthy conditions 
within the scope of the Administrator's responsibility in a facility 
provided by the Administrator. The Administrator shall abate any unsafe 
or unhealthy condition disclosed by such an investigation or submit to 
the agency a plan to abate such unsafe or unhealthy condition.
    ``(c) The Administrator of General Services shall maintain a log of 
any report by an agency of any unsafe or unhealthy condition in a 
building occupied by the agency and provided by the Administrator. Any 
person who leases a building to an agency, whether under the direction 
of the Administrator or under direct negotiation with the agency, shall 
also maintain such a log.
    ``(d) Any lease of a building to an agency which is entered into by 
a private person under the direction of the Administrator of General 
Services or under direct negotiation with an agency shall be subject to 
the requirements of this section and section 6 of the Occupational 
Safety and Health Act of 1970.
``Sec. 7921. Annual report
    ``Within 60 days following the convening of each regular session of 
each Congress, the Secretary shall prepare and submit to the President 
for transmittal to the Congress a report upon the subject matter of 
this subchapter, the progress toward achievement of the purpose of this 
subchapter, the results of the agency evaluations conducted under 
section 7914(e), and any other relevant information.
``Sec. 7922. Antidiscrimination protection
    ``(a) No person shall discharge, discipline, or in any manner 
discriminate against any employee because such employee (or any person 
acting on behalf of the employee) has filed any complaint or caused to 
be instituted any proceeding under or relating to this subchapter, or 
has testified or is about to testify in any such proceeding or because 
of the exercise by such employee on behalf of that employee or other 
employees of any right afforded by this subchapter, including reporting 
any injury, illness or unsafe or unhealthy condition to the head of the 
agency, any designee of the head of the agency, or safety and health 
committee.
    ``(b) No person shall discharge, discipline, or in any manner 
discriminate against an employee for refusing to perform the employee's 
duties when the employee has a reasonable apprehension that performing 
such duties would result in serious injury to the employee or other 
employees. The circumstances causing the employee's apprehension of 
serious injury must be of such a nature that a reasonable person, under 
the circumstances then confronting the employee, would conclude that 
there is a bona fide danger of an injury or serious impairment of 
health resulting from the circumstances. In order to qualify for 
protection under this subsection, the employee, when practicable, must 
have sought from the employee's agency, and have been unable to obtain, 
correction of the circumstances causing the refusal to perform the 
employee's duties.
    ``(c) Any employee who believes that the employee has been 
discharged, disciplined, or otherwise discriminated against by any 
person in violation of subsection (a) or (b) may, within 180 days after 
such alleged violation occurs, file (or have filed by any person on the 
employee's behalf) a complaint with the Secretary alleging such 
discharge, discipline, or discrimination violates subsection (a) or 
(b). Upon receipt of such a complaint, the Secretary shall notify the 
person named in the complaint of the filing of the complaint.
    ``(d)(1)(A) Within 60 days of receipt of a complaint filed under 
subsection (c), the Secretary shall conduct an investigation and 
determine whether there is reasonable cause to believe that the 
complaint has merit. During the investigation, the Secretary shall 
notify the respondent to the complaint of the charges made in the 
complaint, shall provide the respondent with an opportunity to meet the 
investigator conducting the investigation, to submit a response to such 
charges, and to present witneses to rebut such charges. The Secretary 
shall also consider the result of any collectively bargained grievance 
proceeding which may have been held with respect to such charges. Upon 
completion of the investigation, the Secretary shall notify the 
complainant and the respondent to the complaint of the Secretary's 
findings. Where the Secretary has concluded that there is reasonable 
cause to believe that a violation has occurred, the Secretary's 
findings shall be accompanied by a preliminary order providing the 
relief prescribed by paragraph (2).
    ``(B) After the Secretary has made findings, either the person 
alleged to have committed the violation or the complainant may, within 
30 days, file objections to the findings or preliminary order, or both, 
and request a hearing on the record, except that the filing of such 
objections shall not operate to stay any reinstatement remedy contained 
in the preliminary order. If the Secretary does not issue findings with 
respect to a complaint within 90 days of the receipt of the complaint, 
the complainant may request a hearing on the record on the complaint.
    ``(C) A hearing requested under clause (B) shall be expeditiously 
conducted. Where a hearing is not timely requested, the preliminary 
order shall be deemed a final order which is not subject to judicial 
review. Upon the conclusion of such hearing, the Secretary shall issue 
a final order within 120 days. In the interim, such proceedings may be 
terminated at any time on the basis of a settlement agreement entered 
into by the Secretary, the complainant, and the person alleged to have 
committed the violation.
    ``(2) If, in response to a complaint filed under subsection (c), 
the Secretary determines that a violation of subsection (a) or (b) has 
occurred, the Secretary shall order--
            ``(A) the person who committed such violation to correct 
        the violation,
            ``(B) such person to reinstate the complainant to the 
        complainant's former position together with the compensation 
        (including back pay), terms, conditions, and privileges of the 
        complainant's employment, and
            ``(C) compensatory damages.
If such an order is issued, the Secretary, at the request of the 
complainant, may assess against the person against whom the order is 
issued a sum equal to the aggregate amount of all costs and expenses 
(including attorney's fees) reasonably incurred, as determined by the 
Secretary, by the complainant for, or in connection with, the bringing 
of the complaint upon which the order was issued.
    ``(e)(1) Any person adversely affected or aggrieved by an order 
issued after a hearing under subsection (d)(1) may obtain review of the 
order in the United States Court of Appeals for the circuit in which 
the violation, with respect to which the order was issued, allegedly 
occurred, or the circuit in which such person resided on the date of 
such violation. The petition for review must be filed within 60 days 
from the issuance of the Secretary's order. Such review shall be in 
accordance with the provisions of chapter 7 of this title, and shall be 
heard and decided expeditiously.
    ``(2) Whenever a person has failed to comply with an order issued 
under subsection (d)(1), the Secretary shall file a civil action in the 
United States district court for the district in which the violation 
was found to occur in order to enforce such order. In actions brought 
under this paragraph, the district court shall have jurisdiction to 
grant all appropriate relief, including injunctive relief, 
reinstatement, and compensatory damages.
    ``(f) In determining whether a violation of subsection (a) or (b) 
has occurred, the legal burdens of proof are as follows:
            ``(1) A violation of subsection (a) or (b) may be 
        determined to have occurred only if the complainant 
        demonstrates that the exercise of a right protected by such 
        subsection was a contributing factor in the discharge or 
        discrimination alleged in the complaint.
            ``(2) Relief may not be ordered if the person named in the 
        complaint demonstrates by clear and convincing evidence that 
        the person would have taken the same unfavorable action against 
        the complainant in the absence of the complainant's exercise of 
        such protected rights.
    ``(g) The discharge, discipline, or other discrimination alleged to 
have occurred in violation of subsection (a) or (b) shall not be 
considered a prohibited personnel practice.
``Sec. 7923. Victims' rights
    ``(a) For purposes of this section, the term `victim' means--
            ``(1) an employee who has sustained a work-related injury 
        or illness which is the subject of an inspection or 
        investigation conducted under section 7916; and
            ``(2) a family member of an employee if the employee--
                    ``(A) is killed as a result of work-related injury 
                or illness which is the subject of an inspection or 
                investigation (conducted under section 7916) into a 
                death or serious incident; or
                    ``(B) sustains a work-related injury which is the 
                subject of an inspection or investigation (conducted 
                under section 7916) into a death or serious incident 
                and the employee cannot reasonably exercise the 
                employee's rights under this section.
    ``(b) On request, a victim shall be afforded the right, with 
respect to the work-related injury, illness, or death referred to in 
paragraph (1) or (2) of subsection (a), as applicable--
            ``(1) to meet with the Secretary or an authorized 
        representative of the Secretary respecting the inspection or 
        investigation conducted under section 7916 with respect to such 
        injury, illness, or death, before the Secretary's decision to 
        issue a citation or to take no action; and
            ``(2) to receive, at no cost, a copy of any citation or 
        report issued as a result of such inspection or investigation 
        on the date the citation or report is issued, and to be 
        informed of any notice of contest filed under section 7917.
    ``(c) Before entering into an agreement to withdraw or modify a 
citation issued as a result of an inspection or investigation of a 
death or serious incident under section 7916, the Secretary, on 
request, shall provide an opportunity to the victim involved to appear 
and make a statement before the parties conducting any settlement 
negotiations.
    ``(d) The Secretary shall take reasonable actions to inform victims 
of their rights under this section.
``Sec. 7924. Fund for technical assistance and training to agencies and 
              employees
    ``(a) The Secretary shall develop and widely disseminate technical 
assistance materials to assist agencies in complying with the 
requirements of this subchapter and section 6 of the Occupational 
Safety and Health Act of 1970. The Secretary shall develop, as 
appropriate--
            ``(1) fact sheets and other technical assistance to educate 
        agencies and employees as to the requirements of this 
        subchapter and section 6 of the Occupational Safety and Health 
        Act of 1970,
            ``(2) model training curricula and model safety and health 
        programs to assist agencies in complying with the requirements 
        of section 7914, and
            ``(3) guidelines for complying with the requirements for 
        safety and health committees under section 7915.
The Secretary may develop these materials directly or by grant or 
contract. Such materials shall be written so that they may be readily 
understood by agency managers and employees.
    ``(b) The Secretary shall establish and implement a program to 
provide education and technical assistance for agencies and employees, 
either directly or by grant or contract, concerning worksite safety and 
health and compliance with this subchapter and section 6 of the 
Occupational Safety and Health Act of 1970.
    ``(c) There is established in the Treasury of the United States an 
account to be known as the Federal Occupational Safety and Health 
Training Fund (hereinafter in this subchapter referred to as the 
`Fund'). The Fund, and any amounts deposited in it, including any 
interest earned thereon, shall be available to the Secretary to pay the 
costs of implementing subsections (a) and (b).
    ``(d) Amounts in the Fund which are not currently needed for the 
purpose of this section shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States and all earnings on 
such investments shall be deposited in the Fund.
    ``(e) The Secretary shall transmit to the Committee on Post Office 
and Civil Service of the House of Representatives and the Committee on 
Governmental Affairs of the Senate, not later than 4 months after the 
end of each fiscal year, a report on the financial condition, uses, and 
operation of the Fund during the preceding fiscal year. The report 
shall include a listing, by agency, of civil penalties proposed in 
citations to the agency, contained in final orders of the Commission, 
and paid into the Fund.
``Sec. 7925. Program on ergonomic hazards
    ``(a) Within 1 year of the date of enactment of this subchapter, 
each agency, with the assistance of the Secretary, shall develop and 
implement a program, in consultation with employees or exclusive 
representatives of such employees, to protect employees from work-
related musculoskeletal disorders. The program shall include 
requirements for--
            ``(1) evaluation of job processes, work station design, 
        rate of work, and work methods to identify ergonomic risk 
        factors that cause or are likely to cause musculoskeletal 
        disorders;
            ``(2) control measures to reduce stressors and 
        musculoskeletal disorders, including engineering controls, new 
        equipment, or work organization controls;
            ``(3) an effective medical management program for 
        musculoskeletal disorders, including requirements for qualified 
        health care providers, health surveillance, appropriate 
        diagnosis, treatment, and follow up;
            ``(4) a system for recording musculoskeletal disorders and 
        reporting such disorders to the Secretary;
            ``(5) training and education of employees exposed to 
        ergonomic hazards on ergonomic risk factors, control measures, 
        and the agency's medical management program; and
            ``(6) employee participation in the establishment and 
        implementation of the agency's ergonomic program through any 
        safety and health committee established under section 7915.
    ``(b) The requirements of subsection (a) shall not affect an 
agency's responsibility or obligation to comply with any standard on 
ergonomic hazards which may be issued by the Secretary in accordance 
with section 6 of the Occupational Safety and Health Act of 1970.
``Sec. 7926. Incentives for exemplary performance
    ``(a) The Secretary shall target enforcement efforts on agency 
worksites with poor safety and health performance and shall encourage, 
through the program established under subsection (c), exemplary safety 
and health performance.
    ``(b) In carrying out the inspection authority under section 7916, 
the Secretary shall establish an effective system for targeting 
inspections of worksites, especially worksites with a high potential 
for death, serious injury, or exposure to toxic materials or harmful 
physical agents, and shall establish priorities for such inspections to 
ensure that enforcement activities are concentrated on such worksites. 
All such targeted inspections shall include evaluation of the agency's 
compliance with the requirements, under sections 7914 and 7915, for 
safety and health programs and safety and health committees in each 
worksite and shall include review of the agency's self-evaluations 
described in annual reports to the Secretary as required by section 
7914(e), to the extent they are applicable to the worksite being 
inspected.
    ``(c) The Secretary shall establish a safety and health incentive 
program to recognize safety and health performance by agencies and 
agency worksites that exceed the requirements of this subchapter and 
section 6 of the Occupational Safety and Health Act of 1970. The safety 
and health incentive program shall provide positive incentives for 
agencies to encourage them to exceed the minimum requirements of this 
subchapter and section 6 of the Occupational Safety and Health Act of 
1970. Such incentives may include, but not be limited to--
            ``(1) consideration of the overall safety and health 
        performance of an agency participating in the safety and health 
        incentive program in assessing penalties in section 7918e; and
            ``(2) such other incentives as the Secretary may designate, 
        but the Secretary shall not be authorized to exempt agencies 
        participating in the safety and health incentive program from 
        policies and programs to administer this subchapter and section 
        6 of the Occupational Safety and Health Act of 1970.
    ``(d) The Secretary shall establish a program under which the 
Secretary may annually recognize agencies and agency worksites with 
outstanding safety and health records by presenting such agencies and 
worksites with a safety and health excellence award. The Secretary may 
annually recognize other organizations through the presentation of such 
awards in recognition of the outstanding efforts of such organization 
to promote occupational safety and health.
    ``(e) The Secretary shall promulgate regulations to implement this 
section. Such regulations shall include defining the qualifications 
necessary for an agency worksite to be eligible to participate in the 
safety and health incentive program provided in subsection (c) and the 
frequency with which a worksite's eligibility for the safety and health 
incentive program shall be reevaluated.
``Sec. 7927. Effective dates
    ``(a) Except as provided in subsection (b), this subchapter shall 
take effect upon the expiration of the 90-day period beginning on the 
date of the enactment of this subchapter.
    ``(b) Effective upon the expiration of the 2-year period beginning 
on the date of the enactment of this subchapter--
            ``(1) agencies shall be required to comply with the 
        requirements of sections 7914 and 7915 of this title; and
            ``(2) section 19 of the Occupational Safety and Health Act 
        of 1970 shall be repealed.
``Sec. 7928. Military equipment, systems, and operations
    ``(a) Nothing in this subchapter shall apply to working conditions 
involving uniquely military equipment, systems, and operations, as 
defined for purposes of this section in regulations prescribed by the 
Secretary (in consultation with the Secretary of Defense).
    ``(b) Nothing in this subchapter shall be construed as altering or 
otherwise affecting any authority under Executive Order 12344 and 
section 1634 of Public Law 98-525, to the extent available as of 
January 1, 1994.
``Sec. 7929. Promulgation of standards; variances
    ``(a) Employees.--Employees shall, for purposes of the provisions 
of sections 6 and 7 (a) and (b) of the Occupational Safety and Health 
Act of 1970, be afforded the same rights, protections, and obligations 
and shall otherwise be treated in the same way as an `employee' under 
such provisions (including when referred to as a `worker' or `person', 
or collectively as `labor'), to the extent that such provisions relate 
to the Federal workplace.
    ``(b) Agencies.--Agencies shall, for purposes of the provisions of 
sections 6 and 7 (a) and (b) of the Occupational Safety and Health Act 
of 1970, be afforded the same rights, protections, and obligations and 
shall otherwise be treated in the same way as an `employer' under such 
provisions (including when referred to as a `person', or collectively 
as `management'), to the extent that such provisions relate to the 
Federal workplace, except for purposes of section 6(f) of such Act.
    ``(c) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary to carry out this section.''.
    (b) Conforming Amendments.--The table of sections for chapter 79 of 
title 5, United States Code, is amended--
            (1) by inserting after the chapter heading the following:

                  ``SUBCHAPTER I--GENERAL PROVISION'';

            (2) by repealing the item relating to section 7902; and
            (3) by adding at the end the following:

        ``SUBCHAPTER II--FEDERAL OCCUPATIONAL SAFETY AND HEALTH

``Sec.
``7911. Definitions; applicability.
``7912. Employee rights and obligations.
``7913. Duties of agencies.
``7914. Safety and health programs.
``7915. Safety and health committees.
``7916. Inspections and investigations by the Secretary.
``7917. Citations.
``7918. Procedure for enforcement.
``7918a. Judicial review.
``7918b. Procedures to counteract imminent dangers.
``7918c. Representation in civil litigation.
``7918d. Variations, tolerances, and exemptions.
``7918e. Penalties.
``7919. Special Federal enforcement procedure.
``7919a. Federal Advisory Council on Occupational Safety and Health.
``7920. Facilities provided to federal agencies.
``7921. Annual report.
``7922. Antidiscrimination protection.
``7923. Victims' rights.
``7924. Fund for technical assistance and training to agencies and 
                            employees.
``7925. Program on ergonomic hazards.
``7926. Incentives for exemplary performance.
``7927. Effective dates.
``7928. Military equipment, systems, and operations.
``7929. Promulgation of standards; variances.''.

SEC. 3. POSTAL SERVICE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS.

    (a) Programs.--
            (1) In general.--Chapter 10 of title 39, United States 
        Code, is amended by adding at the end the following:
``Sec. 1012. Occupational safety and health programs
    ``(a)(1) Within 1 year after the date of the enactment of this 
section, the Postal Service, with the assistance of the Secretary of 
Labor, shall develop and implement a program, in consultation with 
employees or exclusive representatives of such employees, to protect 
deaf and hearing impaired employees from the hazards of smoke or fire, 
including the installation of visual warning devices, as appropriate.
    ``(2) The Postal Service shall submit a written report to the 
Committee on Post Office and Civil Service of the House of 
Representatives and the Committee on Governmental Affairs of the 
Senate, not later than 18 months after the date of enactment of this 
section, on the implementation of this subsection.
    ``(b)(1) As used in this subsection, `major new mechanization, 
equipment, or technology' means any major new mechanization, equipment, 
or technology which, if implemented by the Postal Service, would 
directly affect--
            ``(A) the way in which employees of the Postal Service 
        perform their work; or
            ``(B) their safety or health.
    ``(2) To the extent practicable, in developing the specifications 
for any major new mechanization, equipment, or technology, and before 
awarding any contract for acquisition for any such mechanization, 
equipment, or technology, the Postal Service shall--
            ``(A) provide an opportunity for employees or exclusive 
        representatives of such employees to--
                    ``(i) review the design plans for such 
                mechanization, equipment, or technology to evaluate the 
                likely impact on the occupational safety and health of 
                postal employees; and
                    ``(ii) submit written comments, within 30 working 
                days, relating to any safety or health hazards which 
                might result, as well as suggestions on ways to 
                mitigate or eliminate such hazards; and
            ``(B) review and respond in writing to any comments 
        submitted under subparagraph (A).''.
            (2) Chapter analysis.--The analysis for chapter 10 of title 
        39, United States Code, is amended by adding at the end the 
        following:

``1012. Occupational safety and health programs.''.
    (b) Conforming Amendments.--
            (1) First amendment.--Effective as of the effective date 
        set forth in section 7927(a) of title 5, United States Code (as 
        amended by section 2(a)), paragraph (7) of section 410(b) of 
        title 39, United States Code, is amended by striking the 
        semicolon and inserting ``and subchapter II of chapter 79 of 
        title 5;''.
            (2) Second amendment.--Effective as of the effective date 
        set forth in section 7927(b) of title 5, United States Code (as 
        amended by section 2(a)), paragraph (7) of section 410(b) of 
        title 39, United States Code (as amended by paragraph (1)), is 
        amended to read as follows:
            ``(7) subchapter II of chapter 79 of title 5;''.
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