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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1950 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1950

To amend the Occupational Safety and Health Act of 1970 to make needed 
     revisions in regulations and programs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             March 17 (legislative day, February 22), 1994

  Mrs. Kassebaum (for herself and Mr. Hatch) introduced the following 
 bill; which was read twice and referred to the Committee on Labor and 
                            Human Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Occupational Safety and Health Act of 1970 to make needed 
     revisions in regulations and programs, 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.

    (a) Short Title.--This Act may be cited as the ``Occupational 
Safety and Health Reform Act''.
    (b) Reference.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.).

SEC. 2. PUBLIC EMPLOYEES.

    (a) Definition of Employer.--Section 3(5) (29 U.S.C. 652(5)) is 
amended to read as follows:
            ``(5) The term `employer'--
                    ``(A) means a person engaged in a business 
                affecting commerce who has employees;
                    ``(B) includes a congressional employer and any 
                person acting directly or indirectly in the interest of 
                an employer in relation to an individual employed by 
                any entity of the executive or judicial branch of the 
                Government; and
                    ``(C) does not include any State or political 
                subdivision of a State.''.
    (b) Definition of Congressional Employer.--Section 3 (29 U.S.C. 
652) is amended by adding at the end the following new paragraph:
            ``(15) The term `congressional employer' means an 
        individual who has the final authority to appoint, hire, and 
        set the terms, conditions, or privileges of the congressional 
        employment of any individual employed by any entity of the 
        legislative branch of the Government.''.
    (c) Repeals and Conforming Amendments.--
            (1) Section 19 (29 U.S.C. 668) is repealed.
            (2) Section 410(b) of title 39, United States Code, is 
        amended--
                    (A) by striking paragraph (7);
                    (B) in paragraph (9), by striking ``and'';
                    (C) in paragraph (10), by striking the period and 
                inserting ``; and''; and
                    (D) by redesignating paragraphs (8), (9), (10), and 
                (11) as paragraphs (7), (8), (9), and (10), 
                respectively.
            (3) Section 1312(c) of the Atomic Energy Act of 1954 (42 
        U.S.C. 2297b-11(c)) is amended--
                    (A) by striking ``sections 3(5), 4(b)(1), and 19'' 
                and inserting ``sections 3(5) and 4(b)(1)''; and
                    (B) by striking ``(29 U.S.C. 652(5), 653(b)(1), and 
                668))'' and inserting ``(29 U.S.C. 652(5) and 
                653(b)(1))''.

SEC. 3. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.

    (a) Regulatory Flexibility Analysis.--Section 6 (29 U.S.C. 655) is 
amended by adding at the end the following new subsections:
    ``(h) In promulgating any occupational safety and health standard 
under subsection (b), the Secretary shall perform a regulatory 
flexibility analysis described in sections 603 and 604 of title 5, 
United States Code.
    ``(i) In promulgating any occupational safety and health standard 
under subsection (b), the Secretary shall minimize the time, effort, 
and costs involved in the retention, reporting, notifying, or 
disclosure of information to the Secretary, to third parties, or to the 
public to the extent consistent with the purpose of the standard. 
Compliance with the requirement of this subsection may be included in a 
review under subsection (f).''.
    (b) Economic Impact Analysis.--The Secretary of Labor shall conduct 
a continuing comprehensive analysis of the costs and benefits of each 
standard in effect under section 6 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655). The Secretary shall first report 
the results of such analysis to Congress upon the expiration of 2 years 
after the date of the enactment of this Act and shall make such report 
every 2 years thereafter.

SEC. 4. VARIANCES.

    Section 6(d) (29 U.S.C. 655(d)) is amended by adding at the end the 
following new sentence: ``No citation shall be issued for a violation 
of an occupational safety and health standard that is the subject of an 
application for a variance (which has been pending before the Secretary 
for at least 90 days), during the period the application is pending 
before the Secretary.''.

SEC. 5. INSPECTIONS.

    (a) Training and Authority of Secretary.--Section 8 (29 U.S.C. 657) 
is amended by redesignating subsection (g) as subsection (l) and by 
adding after subsection (f) the following new subsections:
    ``(g) Inspections shall be conducted under this section by at least 
one individual who has training in and is knowledgeable of the industry 
or types of hazards being inspected.
    ``(h) The Secretary shall enter into agreements with other Federal 
agencies and with States to train the inspection personnel of agencies 
that conduct inspections of employers to determine if employee fire 
protection is adequate and to identify recognizable dangerous 
conditions, and shall establish a system for the referral of 
information with respect to fire hazards and such dangerous conditions 
to the Secretary.
    ``(i)(1) Except as provided in paragraph (2), the Secretary shall 
not conduct routine inspections of, or enforce any standard, rule, 
regulation, or order under this Act with respect to--
            ``(A) any person who is engaged in a farming operation that 
        does not maintain a temporary labor camp and that employs 10 or 
        fewer employees; or
            ``(B) any employer of not more than 10 employees if such 
        employer is included within a category of employers having an 
        occupational injury or a lost work day case rate (determined 
        under the Standard Industrial Classification Code for which 
        such data are published) that is less than the national average 
        rate as most recently published by the Secretary acting through 
        the Bureau of Labor Statistics under section 24.
    ``(2) Paragraph (1) shall, in the case of persons who are not 
engaged in farming operations, not be construed to prevent the 
Secretary from--
            ``(A) providing consultations, technical assistance, and 
        educational and training services and conducting surveys and 
        studies under this Act;
            ``(B) conducting inspections or investigations in response 
        to employee's complaints, issuing citations for violations of 
        this Act found during such an inspection, and assessing a 
        penalty for violations that are not corrected within a 
        reasonable abatement period;
            ``(C) taking any action authorized by this Act with respect 
        to imminent dangers;
            ``(D) taking any action authorized by this Act with respect 
        to health standards;
            ``(E) taking any action authorized by this Act with respect 
        to a report of an employment accident that is fatal to at least 
        one employee or that results in the hospitalization of at least 
        three employees, and taking any action pursuant to an 
        investigation conducted with respect to such report; and
            ``(F) taking any action authorized by this Act with respect 
        to complaints of discrimination against employees for 
        exercising their rights under this Act.''.
    (b) Employee Notice.--Section 8(f)(1) (29 U.S.C. 657(f)(1)) is 
amended--
            (1) in the third sentence, by striking ``he shall make'' 
        and inserting ``the Secretary may make''; and
            (2) in the fourth sentence--
                    (A) by striking ``determines there'' and inserting 
                ``determines that there''; and
                    (B) by striking ``he shall notify'' and inserting 
                ``or that the facts alleged in the notification do not 
                justify an exercise of the Secretary's inspection 
                authority under subsection (a) for any reason 
                consistent with the standard used by the Secretary to 
                choose subjects for inspection under such subsection, 
                the Secretary shall notify''.

SEC. 6. WORKSITE BASED INITIATIVES.

    (a) Program.--The Act is amended by inserting after section 8 the 
following new section:

``SEC. 8A. HEALTH AND SAFETY REINVENTION INITIATIVES.

    ``(a) In General.--The Secretary shall by regulation establish a 
program to encourage voluntary employer and employee efforts to provide 
safe and healthful working conditions.
    ``(b) Exemption.--In establishing a program under subsection (a), 
the Secretary shall, in accordance with subsection (c), provide an 
exemption from all safety and health inspections and investigations 
with respect to a place of employment maintained by an employer, except 
inspections and investigations conducted for the purpose of--
            ``(1) determining the cause of a workplace accident that 
        resulted in the death of one or more employees or the 
        hospitalization of three or more employees;
            ``(2) responding to a request for an inspection pursuant to 
        section 8(f)(1); or
            ``(3) carrying out a special emphasis program under section 
        8.
    ``(c) Exemption Requirements.--In order to qualify for the 
exemption provided under subsection (b), an employer shall provide 
evidence that--
            ``(1) during the preceding year, the place of employment or 
        conditions of employment have been reviewed or inspected 
        under--
                    ``(A) a consultation program provided by recipients 
                of grants under section 7(c)(1), 16 (c) or (d), or 
                23(g);
                    ``(B) a certification or consultation program 
                provided by an insurance carrier or other private 
                business entity pursuant to a State program, law, or 
                regulation; or
                    ``(C) a workplace consultation program provided by 
                a person certified by the Secretary for purposes of 
                providing such consultations,
        that includes a means of ensuring that serious hazards 
        identified in the consultation are corrected within an 
        appropriate time; or
            ``(2) the place of employment has an exemplary safety 
        record and the employer maintains a safety and health program 
        for the workplace that includes--
                    ``(A) procedures for assessing hazards to the 
                employer's employees that are inherent to the 
                employer's operations or business;
                    ``(B) procedures for correcting or controlling such 
                hazards in a timely manner based upon the severity of 
                the hazard; and
                    ``(C) employee participation in the program that 
                includes at the least--
                            ``(i) regular consultation between the 
                        employer and nonsupervisory employees regarding 
                        safety and health issues;
                            ``(ii) assurances that participating 
                        nonsupervisory employees have training or 
                        expertise on safety and health issues 
                        consistent with the responsibilities of such 
                        employees; and
                            ``(iii) the opportunity for nonsupervisory 
                        employees to make recommendations regarding 
                        hazards in the workplace and to receive 
                        responses or to implement improvements in 
                        response to such recommendations.
    ``(d) Applicability to the National Labor Relations Act.--In order 
to carry out the purposes of this Act and to encourage employers and 
employees in their efforts to reduce the number of occupational safety 
and health hazards, section 8(a)(2) of the National Labor Relations Act 
shall not apply to an employer that establishes, assists, maintains, or 
participates in any organization, health and safety committee, or other 
entity of any kind--
            ``(1) in which employees participate to discuss matters of 
        mutual interest (including issues of health and safety, 
        quality, productivity, or efficiency); and
            ``(2) that does not have, claim, or seek authority, to 
        negotiate or enter into collective bargaining agreements under 
        such Act with the employer or, to amend existing collective 
        bargaining agreements between the employer and any labor 
        organization.
    ``(e) Certification.--The Secretary may require that an employer in 
order to claim the exemption under subsection (b) give certification to 
the Secretary and notice to the employer's employees of such 
eligibility.
    ``(f) Records.--Records of safety and health inspections, audits, 
or reviews conducted by an employer and not required by this Act shall 
not be required to be disclosed to the Secretary except as may be 
necessary to determine eligibility for an exemption from inspection 
under this section.''.
    (b) Definition.--Section 3 (29 U.S.C. 652) as amended by section 
2(b) is further amended by adding at the end the following new 
paragraph:
            ``(16) The term `exemplary safety record' means such record 
        as the Secretary shall annually determine for each industry. 
        Such record shall include employers that have had, in the most 
        recent reporting period, no employee death caused by 
        occupational injury and fewer lost workdays due to occupational 
        injury and illness than the average for the industry of which 
        the employer is a part.''.

SEC. 7. EMPLOYER DEFENSES.

    Section 9 (29 U.S.C. 658) is amended by adding at the end the 
following new subsections:
    ``(d) No citation may be issued under subsection (a) to an employer 
unless the employer knew or with the exercise of reasonable diligence 
would have known of the presence of the alleged violation. No citation 
shall be issued under subsection (a) to an employer for an alleged 
violation of section 5, any standard, rule, or order promulgated 
pursuant to section 6, any other regulation promulgated under this Act, 
or any other occupational safety and health standard, if such employer 
demonstrates that--
            ``(1) employees of such employer 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 employer and the employer has taken reasonable measures to 
        discipline employees when violations of such work rules have 
        been discovered;
            ``(3) the failure of employees to observe work rules led to 
        the violation; and
            ``(4) reasonable steps have been taken by such employer to 
        discover any such violation.
    ``(e) A citation issued under subsection (a) to an employer who 
violates the requirements of section 5, of any standard, rule, or order 
promulgated pursuant to section 6, or any other regulation promulgated, 
under this Act shall be vacated if such employer demonstrates that 
employees of such employer were protected by alternative methods 
equally or more protective of the employee's safety and health than 
those required by such standard, rule, order, or regulation in the 
factual circumstances underlying the citation.
    ``(f) Subsections (d) and (e) shall not be construed to eliminate 
or modify other defenses that may exist to any citation.''.

SEC. 8. THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.

    (a) Section 10.--Section 10(c) (29 U.S.C 659(c)) is amended--
            (1) in the first sentence, by striking ``fifteen working 
        days'' and inserting ``30 working days''; and
            (2) by striking the second sentence and inserting the 
        following: ``The Commission shall issue an order, based on de 
        novo findings of fact and de novo conclusions of law, 
        affirming, modifying, or vacating the Secretary's citation or 
        proposed penalty or directing other appropriate relief. Such 
        order shall become final 30 days after such order is issued.''.
    (b) Section 11.--Section 11(a) (29 U.S.C 660(a)) is amended by 
inserting after ``conclusive'' at the end of the sixth sentence the 
following: ``and the Commission's conclusions with respect to questions 
of law shall be given deference if reasonable''.

SEC. 9. DISCRIMINATION.

    Section 11(c) (29 U.S.C. 660(c)) is amended by striking paragraphs 
(2) and (3) and inserting the following new paragraphs:
    ``(2) Any employee who believes that the employee has been 
discharged or otherwise discriminated against by any person in 
violation of paragraph (1) or who believes that the employee has been 
discharged or discriminated against because of an action taken by the 
employee's employer in violation of section 28, may, not later than 60 
days after the date on which such violation occurs, file a complaint 
with the Secretary alleging such discrimination. Upon receipt of such a 
complaint, the Secretary shall notify the person named in the complaint 
and commence an investigation to determine if the Secretary should, on 
behalf of such employee, file such complaint with the Commission to 
request the Commission to take action on the basis of such complaint. 
The Secretary shall make such determination not later than 90 days 
after the filing of such complaint.
    ``(3) If within such 90-day period, the Secretary does not file a 
complaint on behalf of the complainant with the Commission, such 
employee may file such complaint with the Commission. If such a 
complaint is filed with the Commission, the Commission shall provide 
opportunity for a hearing (in accordance with section 554 of title 5, 
United States Code, but without regard to subsection (a)(3) of such 
section), and issue an order, based upon findings of fact and 
conclusions of law. In such an order, the Commission may require a 
person charged with committing a violation of paragraph (1) to take 
appropriate affirmative action, including the rehiring or reinstatement 
of the employee to the employee's former position with back pay and 
interest. Upon completion of a proceeding on such order, the Commission 
may award the prevailing party a reasonable attorney's fee. Final 
orders of the Commission may be appealed as provided in subsection (a).
    ``(4)(A) Anytime after a complaint has been filed with the 
Secretary alleging a violation of paragraph (1), the complaining 
employee, the person charged with committing the violation (referred to 
in this paragraph as the `respondent'), or the Secretary has the right 
to request that the complaint be referred to the Federal Mediation and 
Conciliation Service (referred to in this paragraph as the `Service') 
for mediation of the dispute. In lieu of receiving mediation services 
from the Service, the parties may upon mutual agreement refer the 
complaint to a mediator other than a mediator provided by the Service.
    ``(B) During mediation, the respondent and the complaining party 
may be represented by legal counsel or other representative of such 
respondent's or party's choice.
    ``(C)(i) All contested proceedings shall be stayed during the time 
for mediation and neither the Secretary nor the complaining party shall 
file a complaint pending completion of the mediation.
    ``(ii) The mediator shall have 60 days from the date of the 
referral to mediate to complete the mediation. If the complaint has not 
been resolved within such 60-day period or such extension as may be 
agreed upon, the mediation shall be deemed to be completed. The parties 
may extend the mediation for an additional 60 days by mutual agreement.
    ``(iii) The complaint shall be resolved through mediation in a 
manner that is mutually agreeable to the parties. The resolution of the 
complaint shall be binding upon the parties and shall preclude resort 
to other legal proceedings except as provided in subparagraph (E).
    ``(D)(i) Any agreement shall be kept confidential by the parties to 
the mediation unless all parties to the mediation agree otherwise in 
writing.
    ``(ii) All communications, oral or written, made in connection with 
the mediation (including memoranda, work product, transcripts, notes, 
or other materials) shall be kept confidential by the participants to 
the mediation.
    ``(iii) The material referred to in clause (ii) shall not be 
subject to disclosure through discovery or compulsory process and shall 
not be used as evidence in any investigatory, arbitral, judicial, 
administrative, or other proceeding.
    ``(E) A party to an agreement made pursuant to mediation under this 
paragraph may bring an action to enforce the agreement in any Federal 
or State court of competent jurisdiction.
    ``(F) Except as provided in subparagraph (C)(iii), nothing in this 
paragraph shall be interpreted to effect or modify whatever rights and 
obligations the parties may have under arbitration agreements or other 
form of alternative dispute resolution mechanisms.''.

SEC. 10. ENFORCEMENT.

    (a) Special Conditions and Practices.--Section 13 (29 U.S.C. 662) 
is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (3) by inserting before subsection (b) (as so redesignated) 
        the following new subsection:
    ``(a)(1) If the Secretary determines, on the basis of an inspection 
or investigation under this section, 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 of 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 provided by this Act, the Secretary may so inform 
the employer and provide notice by posting to the 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 notice shall be removed by the Secretary from the 
place of employment not later than 72 hours after the notice was first 
posted unless a court in an action brought under subsection (c) 
requires that the notice be maintained. The Secretary shall not prevent 
the continued activity of employees 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 cessation of operations or where cessation of operations is 
necessary, to permit such to be accomplished in a safe and orderly 
manner.
    ``(2) 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 (1).''.
    (b) Mandatory Special Emphasis.--Section 8 (29 U.S.C. 657), as 
amended by section 6, is further amended by adding after subsection (i) 
the following new subsection:
    ``(j)(1) The Secretary shall establish and carry out a special 
emphasis program for identifying and correcting existing or newly 
recognized hazards in selected industries and operations and high 
hazard industries and operations.
    ``(2) Each special emphasis program under paragraph (1) shall 
consist of a planned and coordinated effort, including outreach, 
education and training programs, and inspections. Prior to beginning 
any such program, the Secretary shall meet and discuss with 
representatives of employers and employees in the industries affected 
by such program the intended goals and benefits of such program, the 
number of inspections under such program, and the nature of other 
activities planned. To the extent practicable, the Secretary shall 
coordinate efforts with such representatives. Each such program shall 
have a date of termination and shall include methods of evaluating the 
effectiveness of the program in reducing illness and injury in the 
targeted industries or operations.''.
    (c) Investigations of Deaths and Serious Incidents.--Section 8 (29 
U.S.C. 657), as amended by subsection (b), is further amended by 
inserting after subsection (j) the following new subsection:
    ``(k)(1) The Secretary shall investigate any work-related death or 
serious incident.
    ``(2) If a death or serious incident occurs in a place of 
employment covered by this Act, the employer shall notify the Secretary 
of the death or serious incident.
    ``(3) As used in this subsection or section 17, the term `serious 
incident' means an incident that results in the hospitalization of 
three or more employees. The Secretary shall by regulation define 
`hospitalization'.''.

SEC. 11. PENALTIES.

    (a) In General.--Section 17 (29 U.S.C. 666) is amended--
            (1) by striking subsections (a), (b), (c), (j), and (k);
            (2) by redesignating subsections (d), (e), (f), (g), (h), 
        (i), and (l) as subsections (b), (c), (d), (e), (f), (g), and 
        (h), respectively; and
            (3) by inserting before subsection (b) (as so redesignated) 
        the following new subsection:
    ``(a)(1) Any employer who violates the requirements of section 5, 
any standard, rule, or order promulgated pursuant to section 6, or any 
other regulation promulgated under this Act may be assessed a civil 
penalty of not to exceed $7,000. 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--
            ``(A) the size of the employer;
            ``(B) the number of employees exposed to the violation;
            ``(C) the likely severity of any injuries directly 
        resulting from such violation;
            ``(D) the probability that the violation could result in 
        injury or illness;
            ``(E) the employer's good faith in correcting the violation 
        after it has been identified;
            ``(F) the extent to which employee misconduct was 
        responsible for the violation;
            ``(G) the effect of the penalty on the employer's ability 
        to stay in business; and
            ``(H) whether the violation is the sole result of the 
        failure to meet a requirement, under this Act or prescribed by 
        regulation, with respect to the posting of notices, the 
        preparation or maintenance of occupational safety and health 
        records, or the preparation, maintenance, or submission of any 
        written information.
    ``(2)(A) A penalty assessed under paragraph (1) shall be reduced by 
25 percent in any case in which the employer--
            ``(i) maintains a safety and health program for the 
        worksite at which the violation for which the penalty was 
        assessed took place; or
            ``(ii) shows that the worksite at which the violation for 
        which the penalty was assessed took place has an exemplary 
        safety record.
If the employer maintains a program described in clause (i) and has the 
record described in clause (ii), the penalty shall be reduced by 50 
percent.
    ``(B) No penalty shall be assessed against an employer for a 
violation other than a violation that--
            ``(i) has been previously cited by the Secretary;
            ``(ii) creates an imminent danger;
            ``(iii) has caused death; or
            ``(iv) has caused a serious incident,
if the worksite at which such violation occurred has been reviewed or 
inspected under a program described in section 8A(c)(1) during the 1-
year period before the date of the citation for such violation, and 
such employer has complied with recommendations to bring such employer 
into compliance within a reasonable period of time.''.
    (b) Special Assessments.--Section 17 (29 U.S.C. 666), as amended by 
subsection (a), is further amended by adding at the end the following 
new subsection:
    ``(i) The Secretary shall, by regulation, prescribe procedures for 
determining that conditions surrounding a violation warrant a special 
assessment. Such regulation shall provide that all findings shall be in 
narrative form and provide for individual review of violations for 
special assessment in the following circumstances:
            ``(1) Violations causing fatalities.
            ``(2) An excessive history of serious incidents or a 
        pattern of violations of this Act that cause or are likely to 
        cause death or serious incidents.
When the Secretary determines that a special assessment is appropriate, 
the Secretary may apply an appropriate multiplier, based on the factors 
described in subsection (a), of not greater than 10 to the penalty 
determined under subsection (a). In addition to any fines assessed with 
respect to the violations described in paragraphs (1) and (2), the 
Secretary may require the employer involved to establish a 
comprehensive safety and health program for the worksite at which the 
violations occurred and provide regular certification to the Secretary 
that such employer is in compliance with such program.''.
    (c) Citations.--Section 17 (29 U.S.C. 666), as amended by 
subsection (b), is further amended by adding at the end the following 
new subsection:
    ``(j) Nothing in this Act shall be construed as requiring the 
Secretary to issue a citation for violations of this Act if the 
Secretary believes that the public interest will be adequately served 
by a suitable written notice or warning.''.
    (d) Victim's Rights.--Section 10 (29 U.S.C. 659) is amended by 
adding at the end the following new subsection:
    ``(d)(1) The Secretary shall provide any individual who is a victim 
of a violation of this Act with--
            ``(A) access to information with respect to any 
        investigation of the Secretary or hearing by the Commission of 
        such violation, to citations issued for such violation, to 
        penalties imposed under this section for such violation, and to 
        settlements made with respect to such violation; and
            ``(B) an opportunity to meet with the Secretary or a 
        representative of the Secretary with respect to such violation.
    ``(2) For purposes of paragraph (1), the term `victim' means--
            ``(A) an employee who has sustained a work-related injury 
        or illness that is the subject of an inspection or 
        investigation conducted under section 8; or
            ``(B) a family member of an employee described in 
        subparagraph (A) who is killed as a result of such injury or 
        illness.''.

SEC. 12. STATE PROGRAMS.

    Section 18(c) (29 U.S.C. 667(c)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and which'' and inserting 
                ``which''; and
                    (B) by inserting after the comma at the end the 
                following: ``and which, standards when applicable to 
                the labeling, content, and hazard information for such 
                products, are identical to any requirement under a 
                standard promulgated under section 6,'';
            (2) in paragraph (4), by inserting before the comma the 
        following: ``in a manner at least as effective as enforcement 
        by the Secretary''; and
            (3) by adding at the end the following new flush sentence:
``The Secretary may waive any of the requirements of this subsection 
(other than the requirement of paragraph (2)) upon the request of a 
State seeking approval of a plan or an amendment to an approved plan. 
Such a waiver shall not extend for more than 3 years but may be renewed 
if the Secretary determines that the rate of occupational fatalities, 
injuries, and illnesses has declined in such State during the period of 
the waiver.''.

SEC. 13. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.

    The Act is amended--
            (1) by striking sections 28 through 31;
            (2) by redesignating sections 32, 33, and 34 as sections 
        29, 30, and 31, respectively; and
            (3) by inserting after section 27 (29 U.S.C. 676) the 
        following new section:

``SEC. 28. ALCOHOL AND SUBSTANCE ABUSE TESTING.

    ``(a) Testing Programs.--Whenever there exists the reasonable 
probability that the safety or health of any employee could be 
endangered because of the use of alcohol or a controlled substance in 
the workplace, the employer of such employee may establish and 
implement an alcohol and substance abuse testing program in accordance 
with subsection (b).
    ``(b) Standards.--The Secretary shall establish standards under 
section 6 for substance abuse and alcohol testing programs established 
under subsection (a) as follows:
            ``(1) Substance abuse guidelines.--The substance abuse 
        testing program shall conform, to the maximum extent 
        practicable, to subpart B of the mandatory guidelines for 
        Federal workplace drug testing programs published on April 11, 
        1988, by the Secretary of Health and Human Services at 53 
        Federal Register 11979 and any amendments adopted to such 
        guidelines.
            ``(2) Alcohol guidelines.--The alcohol testing program 
        shall take the form of alcohol breath analysis and shall 
        conform, to the maximum extent practicable, to any guidelines 
        developed by the Secretary of Transportation for alcohol 
        testing of mass transit employees under the Department of 
        Transportation and Related Agencies Appropriations Act, 1992.
    ``(c) Construction.--This section shall not be construed to 
prohibit an employer from requiring an employee to submit to and pass 
an alcohol or substance abuse test--
            ``(1) on a for cause basis or where the employer has 
        reasonable suspicion to believe that such employee is using or 
        is under the influence of alcohol or a controlled substance;
            ``(2) where such test is administered as part of a 
        scheduled medical examination;
            ``(3) in the case of an accident or incident involving the 
        actual or potential loss of human life, bodily injury, or 
        property damage;
            ``(4) during and for a reasonable period of time (not to 
        exceed 5 years) after the conclusion of an alcohol or substance 
        abuse treatment program;
            ``(5) on a random selection basis in work units, locations, 
        or facilities where alcohol and substance abuse has been 
        identified as a problem or as part of a universal testing 
        program; or
            ``(6) on a preemployment basis.''.

SEC. 14. SMALL BUSINESS ASSISTANCE AND TRAINING.

    Section 16 (29 U.S.C. 665) is amended--
            (1) by inserting ``(a)'' after the section designation; and
            (2) by adding at the end the following new subsections:
    ``(b) The Secretary shall publish and make available to employers a 
model injury prevention program that if completed by the employer shall 
be considered to meet the requirement for an exemption under section 8A 
or a reduction in penalty under section 17(a)(2)(A).
    ``(c) The Secretary shall establish and implement a program to 
provide technical assistance and consultative services for employers 
and employees, either directly or by grant or contract, concerning 
worksite safety and health and compliance with this Act. Such 
assistance shall be targeted at small employers and the most hazardous 
industries.
    ``(d) This subsection authorizes the consultative services to 
employers provided under cooperative agreements between the States and 
the Occupational Safety and Health Administration and described in part 
1908 of title 39, Code of Federal Regulations.
    ``(e) Not less than one-fifth of the annual appropriation made to 
the Secretary to carry out this Act shall be expended for the purposes 
described in this section.''.

SEC. 15. EXEMPLARY PROGRAMS.

    (a) Establishment.--The Secretary of Labor shall establish an award 
that shall periodically be made to companies and other organizations 
that have implemented particularly effective approaches to addressing 
occupational safety and health in the workplace, including companies 
and organizations that provide for effective employee involvement in 
improving safety and health and that are as a consequence deserving of 
special recognition. Recipients of the award shall receive an automatic 
exemption under section 8A(b).
    (b) Use of Award.--A company or organization that is a recipient of 
an award under subsection (a) and that agrees to help other American 
companies or organizations improve their occupational safety and health 
may publicize its receipt of such award and use the award in its 
advertising.
    (c) Categories in Which Award May Be Given.--
            (1) Categories.--Subject to paragraph (2), separate awards 
        shall be made to qualifying organizations and companies in each 
        of the following categories:
                    (A) Small businesses.
                    (B) Other companies or their subsidiaries.
                    (C) Companies that primarily perform construction 
                work.
            (2) Change in list.--The Secretary of Labor may at any time 
        expand, subdivide, or otherwise modify the list of categories 
        within which awards may be made under paragraph (1) and may 
        establish separate awards for other organizations and companies 
        including units of government, upon a determination that the 
        objectives of this section would be better served thereby, 
        except that any such expansion, subdivision, modification, or 
        establishment shall not be effective unless the Secretary of 
        Labor has submitted a detailed description thereof to the 
        Congress and a period of 30 days has elapsed since the 
        submission.
    (d) Criteria for Qualification.--An organization or company may 
qualify for an award under subsection (a) only if such organization or 
company--
            (1) applies to the Secretary of Labor in writing for the 
        award;
            (2) permits a rigorous evaluation of the occupational 
        safety and health operations of such organization or company; 
        and
            (3) meets such requirements and specifications as the 
        Secretary of Labor determines to be appropriate to achieve the 
        objectives of this section.
In applying paragraph (3) with respect to any organization or company, 
the Secretary of Labor shall rely upon an intensive evaluation of the 
occupational safety and health operation. The examination should 
encompass all aspects of the current occupational safety and health 
practice of such organization or company. The award shall be given only 
to organizations and companies that have made outstanding improvements 
in the occupational safety and health practices of such organizations 
and companies and that demonstrate effective occupational safety and 
health practices through the training and involvement of all levels of 
personnel.
    (e) Information Transfer Program.--The Secretary of Labor shall 
ensure that all program participants receive the complete results of 
their evaluations described under subsection (d)(2), as well as 
detailed explanations of all suggestions for improvements. The Director 
shall also provide information about the awards and the successful 
safety and health improvement strategies and programs of the award-
winning participants to all participants and other appropriate groups.
    (f) Funding.--The Secretary of Labor is authorized to seek and 
accept gifts from public and private sources to carry out the program 
under this section.
    (g) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Secretary of Labor shall prepare and submit to the 
President and the Congress, a report on the progress, findings, and 
conclusions of activities conducted pursuant to this section along with 
recommendations for possible modifications thereof.

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