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

103d CONGRESS
  1st Session
                                H. R. 115

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

   Mr. Clay introduced the following bill; which was referred to the 
               Committee on Post Office and Civil Service

                           September 9, 1993

   Additional sponsors: Mr. McCloskey, Mr. Sawyer, Mr. Sanders, Ms. 
Pelosi, Mr. Ackerman, Mr. Ford of Michigan, Mr. Jacobs, Mr. Rangel, Mr. 
 Watt, Mr. Jefferson, Mr. Towns, Mr. Berman, Mr. Romero-Barcelo, Mrs. 
Clayton, Mrs. Maloney, Mr. Tucker, Mrs. Mink, Mr. Young of Alaska, Mrs. 
Morella, Mr. Klink, Mr. Filner, Mr. Hastings, Mr. Hinchey, Mr. Parker, 
 Mr. Kopetski, Ms. Danner, Mr. Blackwell, Mr. Serrano, Mr. Lehman, Mr. 
Brown of California, Mr. Lantos, Ms. Norton, Ms. Eshoo, Mr. Foglietta, 
 Mr. LaFalce, Mr. Conyers, Ms. Velazquez, Mr. Becerra, Mr. Torres, and 
                              Mr. Dellums

_______________________________________________________________________

                                 A BILL

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

    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 1993''.

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 striking out section 7902; and
            (3) by adding at the end the following:

        ``SUBCHAPTER II--FEDERAL OCCUPATIONAL SAFETY AND HEALTH

``Sec. 7911. 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 comply with occupational safety and health 
        standards and all rules, regulations, and orders issued 
        pursuant to this subchapter and section 6 of the Occupational 
        Safety and Health Act of 1970, and all executive orders issued 
        pertaining to occupational safety and health, which are 
        applicable to the employee's own actions and conduct; and
            ``(3) shall have the right to report unsafe or unhealthful 
        working conditions to appropriate officials without fear of 
        reprisal.
The rights of employees under this section are in addition to any other 
rights which such employees may have.
``Sec. 7912. Duties of agencies
    ``(a) The head of each agency shall--
            ``(1) furnish employees of such agency employment and a 
        place of employment which are free from all recognized hazards 
        that cause or are likely to cause death or serious physical 
        harm to any such employees;
            ``(2) comply with occupational safety and health standards 
        and rules, regulations, and orders issued pursuant to this 
        subchapter or section 6 of the Occupational Safety and Health 
        Act of 1970, except that an agency or safety and health program 
        of an agency may incorporate, apply, and provide for safety and 
        health standards more stringent than those promulgated under 
        such section 6 pursuant to collective bargaining;
            ``(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 unhealthful conditions in the 
        performance of their duties; and
            ``(4) ensure that the safety and health program established 
        under subsection (c) and the agency employees who administer 
        such program have the funds, authority, training, and qualified 
        personnel to effectively carry out the requirements of this 
        subchapter.
    ``(b)(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 health and safety program.
    ``(2) The head of each agency shall appoint such other subordinate 
Deputy Designated Agency Safety and Health Officials each of which 
shall (hereinafter in this subchapter be referred to as a `Deputy 
DASHO') at various organizational levels as are necessary to assure 
that the agency's health and safety program is carried out at all 
organizational levels.
    ``(c)(1) 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 in each agency worksite. Such programs shall be established 
and carried out in consultation with employees and, if employees are 
represented by a bargaining agent, such programs shall be consistent 
with the bargaining unit structure in the agency or worksite and shall 
be subject to collective bargaining.
    ``(2) Each agency shall establish, by regulation, and carry out a 
written safety and health program in each worksite that includes--
            ``(A) methods and procedures for identifying, evaluating, 
        and documenting safety and health hazards, including 
        investigating work-related illnesses, injuries, and deaths and 
        inspecting worksites under subsection (d);
            ``(B) methods and procedures for correcting the safety and 
        health hazards identified under subparagraph (A), including 
        responding to situations that present serious or imminent 
        danger to employees;
            ``(C) methods and procedures for providing emergency 
        response first-aid and other occupational health services;
            ``(D) 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 7913, where applicable;
            ``(E) 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 7913;
            ``(F) the designation of representatives of the agency who 
        have the qualifications, responsibility, and equipment to 
        identify safety and health hazards and the authority to 
        initiate corrective action, where appropriate;
            ``(G) 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
            ``(H) such provisions as the Secretary requires to 
        effectuate the purposes of this subchapter.
    ``(3) Each such program shall provide for the development of 
abatement plans to eliminate any working conditions that are unsafe or 
unhealthful. Such plans shall provide for the establishment of time 
periods for actions to be undertaken and for review by the head of the 
agency of actions taken to determine if such conditions were 
eliminated. The safety and health committee of the agency and the 
employee bargaining agent (if any) shall be notified of actions taken 
under the plans and of the results of the review by the head of the 
agency.
    ``(4) The head of each agency shall file with the Secretary of 
Labor the safety and health program adopted by the agency. The 
Secretary shall review the program for conformance with this subchapter 
and shall report annually to the head of each agency and the Congress 
on the findings of the review.
    ``(5)(A) The Secretary shall, within 12 months after the effective 
date of the Federal and Postal Service Employees Occupation Safety and 
Health Act of 1993, issue final regulations on agency safety and health 
programs required by this subsection which shall take effect no later 
than 18 months after such effective date.
    ``(B) The regulations of the Secretary under subparagraph (A) 
respecting an agency's safety and health program shall--
            ``(i) provide for training and education of employees, 
        including posting of notices, in a manner that is readily 
        understood by such employees concerning safety and health 
        hazards, control measures, the agency's safety and health 
        program, employee rights and obligations, the protections 
        afforded under section 7920, and applicable laws and 
        regulations, and provide at the time of selection to employees 
        who are selected to be safety and health committee members the 
        training and education that is necessary to carry out the 
        activities of the committee under section 7913;
            ``(ii) require that refresher training be provided on at 
        least an annual basis and that additional training be provided 
        to employees and to safety and health committee members 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 that apply to the agency; and
            ``(iii) 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.
    ``(C) The agency shall permit employees to take such time from work 
as is reasonably necessary to receive training and education and 
participate in the agency's safety and health program. Training and 
education provided in accordance with the regulations of the Secretary 
shall be considered hours worked and shall be provided by an agency at 
no cost, and with no loss of pay, benefits, or seniority, to employees 
of the agency.
    ``(6) The head of each agency shall develop and implement a program 
for evaluating the effectiveness of the agency's safety and health 
programs on an annual basis.
    ``(d)(1) 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 at least annually, and at such additional times in a year--
            ``(A) as needed--
                    ``(i) in the case of a worksite where there is an 
                unreasonable or serious risk of accident, injury, or 
                illness; or
                    ``(ii) to ensure the abatement of hazardous 
                conditions; and
            ``(B) as may be required under paragraph (2).
Inspections may be conducted on an announced or unannounced basis.
    ``(2)(A) Any employee of an agency and any representative of such 
employee may report to the DASHO or Deputy DASHO in such agency any 
unsafe or unhealthy working condition and may request an inspection 
under paragraph (1) of the worksite where such condition exists. 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 of Labor.
    ``(B) If a report is made under subparagraph (A), 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 and health of employees of the agency;
            ``(ii) within 3 calendar days after the receipt of such 
        report in the case of a condition which presents a potentially 
        serious risk to the safety and health of employees of agency; 
        or
            ``(iii) within 20 calendar days after the receipt of such 
        report in the case of a condition other than 1 described in 
        clause (i) or (ii).
    ``(C)(i) If an inspection is conducted under paragraph (1), and it 
is determined on the basis of such inspection that a danger at the 
worksite exists that could reasonably be expected to cause serious 
physical harm or death, the inspector conducting such inspection shall 
notify the employee in charge of such worksite, the affected employees 
in such worksite, the representative of such employees (if any), the 
worksite's safety and health committee, and the agency DASHO, of such 
danger. The employee in charge of such a worksite or an employee 
authorized to act on such employee's behalf shall take such action as 
may be appropriate to remove employees from such danger and to abate 
such danger.
    ``(ii) An inspector who determines that a danger described in 
clause (i) exists at a worksite shall record in writing the procedures 
followed in the inspection which led to the discovery of such danger 
and the findings which are the basis for the determination that such 
danger exists.
    ``(iii) Each agency shall follow such procedures as the Secretary 
of Labor has prescribed for the posting of notices of dangers found in 
an inspection conducted under paragraph (1).
    ``(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.
    ``(2) Each agency shall maintain accurate records of, and to make 
periodic reports on, work-related deaths, injuries, and illnesses, and 
a 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. The records and reports required under 
this section shall be made available to the Secretary, to the Secretary 
of Health and Human Services, to employees and their representatives 
and to agency safety and health committees.
    ``(3) Each agency shall 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 Health and Safety 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 Health and Safety Act of 1970, and shall 
inform any employee who is being thus exposed, of the corrective action 
being taken.
``Sec. 7913. 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 at which 11 or more employees are employed, except as 
provided in subsection (d). The head of each agency shall make 
available to such committees all information and assistance relevant 
and necessary for carrying out the duties of the committees.
    ``(b)(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 7912;
            ``(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 of agency or employee 
        representatives on the committee, 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 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 
        representatives of employee bargaining agents;
            ``(H) observe the measurement of employee exposure to toxic 
        materials and harmful physical agents;
            ``(I) establish procedures for the committee;
            ``(J) make, and receive a response from the agency to--
                    ``(i) recommendations on behalf of the committee 
                (including the separate views of any member of the 
                committee); or
                    ``(ii) recommendations on behalf of the agency or 
                employee representatives on such committee, to the 
                agency for improvements in the agency safety and health 
                program and for the correction of hazards to employee 
                safety or health;
            ``(K) accompany the head of the agency or the head of the 
        agency's representative during any physical inspection of the 
        worksite under section 7912(d), and the Secretary or the 
        Secretary's representative during any physical inspection of 
        the worksite under section 7914;
            ``(L) review any allegation of reprisals taken against 
        employees who have taken action in accordance with this 
        subchapter;
            ``(M) request inspections by the head of the agency or the 
        Secretary of Labor as needed to ensure a hazard-free workplace;
            ``(N) upon direction of at least one-half of the members of 
        the committee, report to the Secretary of Labor on--
                    ``(i) deficiencies in the safety and health 
                program;
                    ``(ii) deficiencies in actions of the agency in 
                connection with reprisals taken against employees; and
                    ``(iii) deficiencies in actions of the agency in 
                connection with reports of hazardous working 
                conditions;
            ``(O) comment on proposed standards, where applicable; and
            ``(P) attempt to correct a condition which was the subject 
        of a complaint, and if the committee cannot correct such 
        condition, refer the complaint to the DASHO involved.
    ``(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 loss of pay or benefits for time 
spent on duties of the committee.
    ``(c)(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.
    ``(2) Each committee shall, in any calendar year, 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 emloyees 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 (d)(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 bargaining representative, the 
        employees shall select employee safety and health 
        representatives. 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, employer interference, or reprisal of 
        any kind.
            ``(B) Where the agency's employees are represented by a 
        single exclusive bargaining representative, the bargaining 
        representative shall designate the employee safety and health 
        representatives.
    ``(d) The Secretary shall, within 12 months after the effective 
date of the Federal and Postal Service Employees Occupational Safety 
and Health Act of 1993, issue regulations on safety and health 
committees. Such regulations shall be effective within 18 months after 
such effective date. Such regulations shall include provisions relating 
to--
            ``(1) the functioning of committees, including the 
        selection of employee safety and health representatives, the 
        terms of employee safety and health representatives, and 
        maintenance of records; and
            ``(2) the functioning of committees and the number of 
        employee safety and health representatives--
                    ``(A) where an agency's employees do not primarily 
                report to or work at a fixed location;
                    ``(B) with regard to worksites with less than 11 
                employees of an agency;
                    ``(C) where employees of more than 1 agency 
                employer are employed; and
                    ``(D) where more than 1 exclusive bargaining 
                representative has been certified to represent the 
                agency's employees or where some but not all of the 
                employees are represented by an exclusive bargaining 
                representative.
    ``(e) The rights and remedies provided to employees and employee 
safety and health representatives by this section are in addition to 
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.
``Sec. 7914. Inspections and investigations by the Secretary
    ``(a) In order to carry out the purposes of this subchapter, the 
Secretary is authorized--
            ``(1) to enter without delay any facility, site, 
        establishment or other area, work place, 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 representative authorized by its 
employees 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. Time spent by an employee on any such 
inspection shall be deemed to be time worked and no employee shall 
suffer any loss of pay, benefits, or seniority for having participated 
in the inspection. Where there is no authorized employee 
representative, the Secretary or the Secretary's authorized 
representative shall consult with a reasonable number of employees 
concerning matters of health and safety in the workplace.
    ``(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 
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 set forth with reasonable particularity the grounds 
for the notice, and a copy of the notice if written or a summary of the 
notice if oral 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. The Secretary shall make a special inspection 
in accordance with this section upon notification from any Federal or 
State agency that there are reasonable grounds to believe that a 
violation of this subchapter or safety and health standard under 
section 6 of the Occupational Safety and Health Act of 1970 exists that 
threatens physical harm.
    ``(2) Prior to or during any inspection 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, in writing, of any violation of this 
subchapter 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 are authorized to 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 to carry out their responsibilities under this subchapter, 
including rules and regulations dealing with the inspection of an 
agency's workplace.
    ``(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) Inspections conducted under paragraph (1) shall be in 
addition to other programmed and complaint inspections conducted under 
this subchapter.
    ``(4) The Secretary shall annually submit a report to the Committee 
on Post Office and Civil Service of the House of Representatives and 
the Committee on Government Affairs of the Senate on the special 
emphasis inspection program as part of the Secretary's annual report 
required under section 7919 which includes information on inspections 
conducted pursuant to paragraph (2) which were carried out during the 
preceding year.
    ``(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 which is attributable to unsafe or unhealthful working 
conditions.
    ``(3) If any such 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.
    ``(h)(1) Random, unannounced inspections of a statistically valid 
sample of Federal worksites shall be conducted at workplaces which are 
representative of workplaces in agencies and on an annual basis. In the 
course of such an inspection, the implementation of the safety and 
health program of the agency being inspected shall be reviewed.
    ``(2) The assessment of the Secretary of Labor of a worksite's 
compliance with the applicable agency safety and health program shall 
be reported to the head of the agency, to employees or their 
representatives, and to agency safety and health committees.
``Sec. 7915. Citations
    ``(a) If, upon inspection or investigation, the Secretary or the 
Secretary's authorized representative believes that an agency has 
violated a requirement of section 7911, 7912, or 7913, of any standard, 
rule or order promulgated pursuant to section 6 of the Occupational 
Health and Safety Act of 1970, or of any regulations prescribed 
pursuant to such Act, 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 (3) of section 7911 or 
section 7912(a), any standard, rule, or order promulgated pursuant to 
section 6 of the Occupational Health and Safety Act of 1970, or any 
other regulation promulgated under such Act shall be vacated if such 
agency demonstrates that--
            ``(1) employees of such agency have been provided with the 
        proper training and equipment to prevent such a violation;
            ``(2) work rules designed to prevent such a violation have 
        been established and adequately communicated to employees by 
        such agency and have been effectively enforced when a violation 
        of work rules has been discovered;
            ``(3) the failure of employees to observe work rules led to 
        the violation; and
            ``(4) reasonable steps have been taken by such agency to 
        discover any violation of a work rule.
``Sec. 7916. Procedure for enforcement
    ``(a) If, after an inspection or investigation, the Secretary 
issues a citation under section 7915, 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 7916e 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 Commission and not subject to review by 
any court or agency.
    ``(b) If 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 assessed under section 7916e 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.
    ``(c) If an agency notifies the Secretary that it intends to 
contest a citation issued under section 7915(a) or a modification of a 
citation or notification issued under subsection (a) or (b) of this 
section, or if, within 15 working days after the issuance of a citation 
under section 7915(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 7915. 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) For each violation which the Secretary characterizes as 
serious, willful, or repeated, the period permitted for the correction 
of the violation shall begin to run upon receipt of the citation. The 
filing of a notice of contest by an agency shall not operate as a stay 
of the period for correction of the violation. The Commission, on the 
basis of an agency's motion, may stay the running of such period. In 
determining whether a stay should be issued, the Commission shall 
consider--
            ``(1) whether the agency has demonstrated a likelihood of 
        success on the merits;
            ``(2) whether the agency will suffer irreparable harm 
        absent a stay;
            ``(3) whether issuance of the stay will substantially 
        injure the other parties interested in the proceeding; and
            ``(4) the public interest.
    ``(e) Each agency to which a citation for a serious, willful, or 
repeated violation has been issued under section 7915 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. 
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 one year of the date of the enactment 
of the Federal and Postal Service Employees Occupational Safety and 
Health Act of 1993.
    ``(f)(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.
    ``(g) 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. 7916a. Judicial review
    ``(a) Any person adversely affected or aggrieved by an order of the 
Commission issued under subsection (c) or (f) of section 7916 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.
    ``(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 7916, 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 7916e, in addition to invoking 
any other available remedies.
``Sec. 7916b. 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, 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.
    ``(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 7915 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). 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 
employer 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. 7916c. 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.
``Sec. 7916d. 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 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. 7916e. Penalties
    ``(a) Any agency that willfully or repeatedly violates the 
requirements of section 7911, 7912, or 7913 of this title, any 
standard, rule, or order promulgated pursuant to section 6 of the 
Occupational Health and Safety Act of 1970, or regulations 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 7911, 7912, or 7913 of this 
title, of any standard, rule, or order promulgated pursuant to section 
6 of the Occupational Health and Safety Act of 1970, or of any 
regulations prescribed pursuant to this subchapter, shall be assessed a 
civil penalty of up to $7,000 for each such violation.
    ``(c) Any agency that has received a citation for a violation of 
the requirements of section 7911, 7912, or 7913 of this title, of any 
standard, rule, or order promulgated pursuant to section 6 of the 
Occupational Health and Safety Act of 1970, or of regulations 
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 fails to correct a violation for which a 
citation has been issued under section 7915(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 7916 
initiated by the agency in good faith and not solely for delay or 
avoidance of penalties), may be assessed a civil penalty of not more 
than $7,000 for each day during which such failure or violation 
continues.
    ``(e) Any agency that willfully violates the requirements of 
section 7911, 7912, or 7913 of this title or any standard, rule, or 
order promulgated pursuant to section 6 of the Occupational Health and 
Safety Act of 1970, or of any regulations prescribed pursuant to this 
subchapter, 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.
    ``(f) Any person who gives advance notice of any inspection to be 
conducted 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.
    ``(g) 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.
    ``(h) In the event that an agency does not immediately correct a 
hazard described in section 7916b(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.
    ``(i) Any agency that willfully violates the requirements of 
section 7911, 7912, or 7913 of this title, of any standard, rule, or 
order promulgated pursuant to section 6 of the Occupational Health and 
Safety Act of 1970, or of any regulation prescribed pursuant to this 
subchapter, 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.
    ``(j) 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.
    ``(k) 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.
    ``(l) 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.
    ``(m) Civil penalties owed under this subchapter shall be paid to 
the Secretary for deposit into the Secretary's penalty fund established 
under section 7920b and may be recovered in a civil action in the name 
of the United States brought 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.
    ``(n) 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.
    ``(o) 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.
``Sec. 7916f. Office of Federal Programs
    ``The Secretary shall establish within the Department of Labor an 
Office of Federal Programs which shall have jurisdiction on behalf of 
the Secretary over this subchapter and which shall be headed by an 
Assistant Deputy Secretary of Labor.
``Sec. 7917. Special Federal occupational safety and health enforcement 
              procedures
    ``(a)(1) The President shall appoint, by and with the advice and 
consent of the Senate, a Special Counsel for Federal Occupational 
Safety and Health Enforcement (hereinafter in this subchapter referred 
to as the `Special Counsel'). The Special Counsel may be removed by the 
President only for inefficiency, neglect of duty, or malfeasance in 
office. The Special Counsel shall be in the Department of Labor, and 
the Secretary of Labor shall provide the Special Counsel such 
administrative support services as the Special Counsel may require.
    ``(2) The Special Counsel may petition any court of appeals of the 
United States for the enforcement of any order of the Occupational 
Safety and Health Review Commission issued under section 7916 or for 
any appropriate temporary relief, restraining order, or abatement 
against any agency.
    ``(b) Any employee, or the representative of such employees, who 
may be adversely affected by a failure of an agency, the Secretary, or 
the Commission 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, the Secretary, or the Commission to carry out such duty 
and for such further relief as may be appropriate.
``Sec. 7918. Administrator of General Services
    ``(a) The Administrator of General Services shall not provide any 
agency with space which contains any hazards or conditions which 
violate this subchapter or 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 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 under the direction of the 
Administrator shall 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 shall be subject to the requirements of this section and the 
Occupational Safety and Health Act of 1970.
``Sec. 7919. Annual report
    ``Within 60 days following the convening of each regular session of 
each Congress, the Secretary and the Secretary of Health and Human 
Services shall together 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, and any other relevant information.
``Sec. 7920. Whistleblower protection
    ``(a) No person shall discharge, discipline, or in any manner 
discriminate against any employee with respect to the employee's 
compensation or other terms or conditions of employment because such 
employee (or any person acting on behalf of the employee) has filed any 
complaint or caused to be instituted any proceedings relating to a 
violation of this subchapter or of any regulation promulgated under 
this subchapter, or has testified or is about to testify in any such 
proceeding.
    ``(b) No person shall discharge, discipline, or in any manner 
discriminate against an employee with respect to the employee's 
compensation or other terms or conditions of employment for refusing to 
perform the employee's duties, if performing such duties would result 
in a substantial and specific violation of this subchapter. In order to 
qualify for protection under this subsection, the employee must have 
sought from the employee's employing agency, and have been unable to 
obtain, correction of the circumstances causing such refusal.
    ``(c) The actions described in subsections (a) and (b) shall be 
considered `prohibited personnel practices' under section 2302.
    ``(d) Nothing in this section shall be considered to apply with 
respect to an officer or employee of the United States Postal Service 
or the Postal Rate Commission.
``Sec. 7920a. 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 or was the subject of an inspection or 
        investigation conducted under section 7914; and
            ``(2) a family member of any employee who died as a result 
        of a work-related injury or illness which is or was the subject 
        of an inspection or investigation (conducted under section 
        7914) into a death or serious incident.
    ``(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 7914 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 7916.
    ``(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 7914, 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) If this section is violated, a victim may be afforded 1 or 
more of the following:
            ``(1) Declaratory relief.
            ``(2) Injunctive relief.
            ``(3) Recovery of any costs incurred in securing the 
        documents referred to in subsections (b)(2) and (c).
            ``(4) Reasonable attorney's fees and costs.
    ``(e) Notification.--The Secretary shall take reasonable actions to 
inform victims of their rights under this section.
``Sec. 7920b. Federal Occupational Safety and Health Training Fund
    ``(a) 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, subject 
to appropriations Acts, to develop and implement agency training and 
education programs in occupational safety and health.
    ``(b) 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.
    ``(c) The Secretary shall transmit to the Committee on Post Office 
and Civil Service of the House of Representatives, 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.
``Sec. 7921. Definitions
    ``For the purpose of this subchapter--
            ``(1) the term `agency' means an Executive agency, the 
        United Postal Service, and the Postal Rate Commission;
            ``(2) the term `Commission' means the Occupational Safety 
        and Health Review Commission established under the Occupational 
        Safety and Health Act of 1970;
            ``(3) the term `Secretary' means the Secretary of Labor; 
        and
            ``(4) a hazard, violation, or condition shall be considered 
        to be `serious' if there is a reasonable probability that death 
        or serious physical harm could result therefrom.''.
    (b) Conforming Amendment.--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'', and
            (2) by adding at the end the following:

        ``SUBCHAPTER II--FEDERAL OCCUPATIONAL SAFETY AND HEALTH

``Sec.
``7911. Employee rights and obligations.
``7912. Duties of agencies.
``7913. Safety and health committees.
``7914. Inspections and investigations by the Secretary.
``7915. Citations.
``7916. Procedure for enforcement.
``7916a. Judicial review.
``7916b. Procedures to counteract imminent dangers.
``7916c. Representation in civil litigation.
``7916d. Variations, tolerances, and exemptions.
``7916e. Penalties.
``7916f. Office of Federal Programs.
``7917. Special Federal occupational safety and health enforcement 
                            procedures.
``7918. Administrator of General Services.
``7919. Annual report.
``7920. Whistleblower protection.
``7920a. Victims' rights.
``7920b. Federal Occupational Safety and Health Training Fund.
``7921. Definitions.''.

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

    (a) Definitions.--For the purpose of this section--
            (1) the term ``Postal Service'' means the United States 
        Postal Service;
            (2) the term ``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;
            (3) the term ``joint labor-management postal safety 
        committee'' means a committee--
                    (A) comprised of individuals representing the 
                Postal Service and representatives of labor 
                organizations representing employees of the Postal 
                Service;
                    (B) which operates on a national level; and
                    (C) a primary purpose of which involves the 
                evaluation and advancement of programs designed to 
                protect the safety and health of postal employees; and
            (4) the term ``NIOSH'' means the National Institute of 
        Occupational Safety and Health of the Department of Health and 
        Human Services.
    (b) Applicability of Certain Provisions of OSHA.--Paragraph (7) of 
section 410(b) of title 39, United States Code, is amended to read as 
follows:
            ``(7) subchapter II of chapter 79 of title 5 (excluding 
        section 7920 of such title);''.
    (c) Standards of Ergonomic Hazards.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Postmaster General, in consultation 
        with the Secretary of Labor, shall issue standards on ergonomic 
        hazards to protect employees of the Postal Service from work-
        related musculoskeletal disorders.
            (2) Specific requirements.--Standards under this subsection 
        shall include requirements for--
                    (A) a program relating to employees who are exposed 
                to ergonomic hazards, including provisions for--
                            (i) hazard identification;
                            (ii) control measures;
                            (iii) medical management, training and 
                        education; and
                            (iv) employee participation;
                    (B) an evaluation of such matters as job processes, 
                work-station design, rate of work, and work methods, to 
                identify risk factors that cause or are likely to cause 
                musculoskeletal disorders;
                    (C) control measures to reduce stressors and 
                musculoskeletal disorders, including engineering 
                controls, new equipment, and work-organization 
                controls;
                    (D) an effective medical-management program for 
                musculoskeletal disorders, including requirements for 
                qualified health-care providers, health surveillance, 
                and appropriate diagnosis, treatment, and follow-up; 
                and
                    (E) the training and education of employees who are 
                exposed to ergonomic hazards, particularly with respect 
                to risk factors and control measures, and the Postal 
                Service's medical-management program as it relates to 
                such hazards.
    (d) Smoke and Fire Warning Devices for the Deaf or Hearing 
Impaired.--
            (1) In general.--The Postal Service shall take such 
        measures as may be necessary to ensure that, in order to 
        protect the safety of the deaf or hearing impaired from the 
        hazards of smoke or fire, warning devices satisfying the 
        photometric, decibel-level, and other applicable requirements 
        under paragraph (2) are present in all appropriate postal 
        facilities (as determined under paragraph (2)(B)).
            (2) Regulations.--The Postal Service shall prescribe 
        regulations to carry out the purposes of this subsection. The 
        regulations--
                    (A) shall be sufficient to ensure at least the 
                minimum level of safety provided by the then current 
                national consensus standards (within the meaning of 
                section 3(9) of the Occupational Safety and Health Act 
                of 1970) dealing with smoke and fire warning devices 
                for the deaf or hearing impaired, as identified by the 
                Postal Service in consultation with the Secretary of 
                Labor; and
                    (B) shall include criteria for identifying which 
                types of postal facilities shall be subject to 
                particular requirements under this paragraph.
            (3) Reports.--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 2 years after the date of 
        enactment of this Act, on the implementation of this 
        subsection.
    (e) Protective Measures Relating to the Implementation of any Major 
New Mechanization, Equipment or Technology.--
            (1) Identification of ergonomic hazards.--A joint labor-
        management postal safety committee may enter into contracts, 
        agreements, or other arrangements with NIOSH in order to 
        identify, through appropriate research or experiments, any 
        ergonomic hazards or other safety or health hazards which might 
        be associated with any major new mechanization, equipment, or 
        technology being implemented, or proposed to be implemented, by 
        the Postal Service.
            (2) Access to plans.--To the extent practicable, before 
        awarding any contract for the acquisition, installation, or 
        implementation of any major new mechanization, equipment, or 
        technology, the Postal Service shall notify the joint labor-
        management postal safety committee of its intentions, in order 
        that such committee may--
                    (A) review the design plans for such mechanization, 
                equipment, or technology (as the case may be) to 
                evaluate the likely impact on the safety and health of 
                postal employees; and
                    (B) submit written comments relating to any safety 
                or health hazards which might result, as well as 
                suggestions on ways to mitigate or eliminate such 
                hazards.
    (f) Protection of Employees Refusing To Work Due to Unsafe 
Conditions.--It is the sense of Congress that the Postal Service should 
not discharge or in any manner discriminate against an employee for 
refusing to perform the employee's duties if--
            (1) the employee believes that performing such duties would 
        result in serious injury to the employee or other employees;
            (2) the circumstances giving rise to that belief are such 
        that a reasonable person in those same circumstances would draw 
        the same conclusion; and
            (3) the employee has previously sought to have the Postal 
        Service correct the conditions involved.

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