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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1237 Reported in Senate (RS)]

                                                       Calendar No. 300

105th CONGRESS

  2d Session

                                S. 1237

                          [Report No. 105-159]

_______________________________________________________________________

                                 A BILL

  To amend the Occupational Safety and Health Act of 1970 to further 
 improve the safety and health of working environments, and for other 
                               purposes.

_______________________________________________________________________

                            January 27, 1998

                       Reported with an amendment

                                                       Calendar No. 300
105th CONGRESS
  2d Session
                                S. 1237

                          [Report No. 105-159]

  To amend the Occupational Safety and Health Act of 1970 to further 
 improve the safety and health of working environments, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 1997

 Mr. Enzi (for himself, Mr. Gregg, Mr. Frist, Mr. Jeffords, Mr. Coats, 
  Mr. DeWine, Mr. Hutchinson, Mr. Burns, Mr. Hagel, Ms. Collins, Mr. 
    McConnell, Mr. Warner, Mr. Allard, Mr. Craig, Mr. Roberts, Mr. 
Sessions, Mr. Thomas, Mr. Smith of Oregon, Mr. Brownback, Mr. Nickles, 
Mr. Grassley, Mr. Cochran, and Mr. Lott) introduced the following bill; 
 which was read twice and referred to the Committee on Labor and Human 
                               Resources

                            January 27, 1998

              Reported by Mr. Jeffords, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
  To amend the Occupational Safety and Health Act of 1970 to further 
 improve the safety and health of working environments, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE; REFERENCE.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Safety 
Advancement for Employees Act of 1997'' or the ``SAFE Act''.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    Section 2(b) (29 U.S.C. 651(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (13), by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(14) by increasing the joint cooperation of 
        employers, employees, and the Secretary of Labor in the effort 
        to ensure safe and healthful working conditions for 
        employees.''.</DELETED>

<DELETED>SEC. 3. EMPLOYEE AND EMPLOYER PARTICIPATION 
              PROGRAMS.</DELETED>

<DELETED>    Section 4 (29 U.S.C. 653) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(c)(1) In order to further carry out the purpose of this 
Act to encourage employers and employees in their efforts to reduce 
occupational safety and health hazards, employers may establish 
employer and employee participation programs which exist for the sole 
purpose of addressing safe and healthful working conditions.</DELETED>
<DELETED>    ``(2) An entity created under a program described in 
paragraph (1) shall not constitute a labor organization for purposes of 
section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 
158(a)(2)) or a representative for purposes of sections 1 and 2 of the 
Railway Labor Act (45 U.S.C. 151 and 151a).</DELETED>
<DELETED>    ``(3) Nothing in this subsection shall be construed to 
affect employer obligations under section 8(a)(5) of the National Labor 
Relations Act (29 U.S.C. 158(a)(5)) to deal with a certified or 
recognized employee representative with respect to health and safety 
matters to the extent otherwise required by law.''.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE.</DELETED>

<DELETED>    Section 7 (29 U.S.C. 656) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(d)(1) Not later than 6 months after the date of 
enactment of this subsection, the Secretary shall establish an advisory 
committee (pursuant to the Federal Advisory Committee Act (5 U.S.C. 
App.)) to carry out the duties described in paragraph (3).</DELETED>
<DELETED>    ``(2) The advisory committee shall be composed of--
</DELETED>
        <DELETED>    ``(A) 3 members who are employees;</DELETED>
        <DELETED>    ``(B) 3 members who are employers;</DELETED>
        <DELETED>    ``(C) 2 members who are members of the general 
        public; and</DELETED>
        <DELETED>    ``(D) 1 member who is a State official from a 
        State plan State.</DELETED>
<DELETED>Each member of the advisory committee shall have expertise in 
workplace safety and health as demonstrated by the educational 
background of the member.</DELETED>
<DELETED>    ``(3) The advisory committee shall advise and make 
recommendations to the Secretary with respect to the establishment and 
implementation of a consultation services program under section 
8A.''.</DELETED>

<DELETED>SEC. 5. THIRD PARTY CONSULTATION SERVICES PROGRAM.</DELETED>

<DELETED>    (a) Program.--The Act (29 U.S.C. 651 et seq.) is amended 
by inserting after section 8 the following:</DELETED>

<DELETED>``SEC. 8A. THIRD PARTY CONSULTATION SERVICES 
              PROGRAM.</DELETED>

<DELETED>    ``(a) Establishment of Program.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 12 months after 
        the date of enactment of this section, the Secretary shall 
        establish and implement, by regulation, a program that 
        qualifies individuals to provide consultation services to 
        employers to assist employers in the identification and 
        correction of safety and health hazards in the workplaces of 
        employers.</DELETED>
        <DELETED>    ``(2) Eligibility.--Each of the following 
        individuals shall be eligible to be qualified under the 
        program:</DELETED>
                <DELETED>    ``(A) An individual licensed by a State 
                authority as a physician, industrial hygienist, 
                professional engineer, safety engineer, safety 
                professional, or occupational nurse.</DELETED>
                <DELETED>    ``(B) An individual who has been employed 
                as an inspector for a State plan State or as a Federal 
                occupational safety and health inspector for not less 
                than a 5-year period.</DELETED>
                <DELETED>    ``(C) An individual qualified in an 
                occupational health or safety field by an organization 
                whose program has been accredited by a nationally 
                recognized private accreditation organization or by the 
                Secretary.</DELETED>
                <DELETED>    ``(D) Other individuals determined to be 
                qualified by the Secretary.</DELETED>
        <DELETED>    ``(3) Geographical scope of consultation 
        services.--An individual qualified under the program may 
        provide consultation services in any State.</DELETED>
<DELETED>    ``(b) Safety and Health Registry.--The Secretary shall 
develop and maintain a registry that includes all individuals that are 
qualified under the program to provide the consultation services 
described in subsection (a) and shall publish and make such registry 
readily available to the general public.</DELETED>
<DELETED>    ``(c) Disciplinary Actions.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary may revoke the 
        status of an individual qualified under subsection (a) if the 
        Secretary determines that the individual--</DELETED>
                <DELETED>    ``(A) has failed to meet the requirements 
                of the program; or</DELETED>
                <DELETED>    ``(B) has committed malfeasance, gross 
                negligence, or fraud in connection with any 
                consultation services provided by the qualified 
                individual.</DELETED>
<DELETED>    ``(d) Consultation Services.--</DELETED>
        <DELETED>    ``(1) Scope of consultation services.--</DELETED>
                <DELETED>    ``(A) In general.--The consultation 
                services described in subsection (a), and provided by 
                an individual qualified under the program, shall 
                include an evaluation of the workplace of an employer 
                to determine if the employer is in compliance with the 
                requirements of this Act, including any regulations 
                promulgated pursuant to this Act.</DELETED>
                <DELETED>    ``(B) Non-fixed work sites.--With respect 
                to the employees of an employer who do not work at a 
                fixed site, the consultation services described in 
                subsection (a), and provided by an individual qualified 
                under the program, shall include an evaluation of the 
                safety and health program of the employer to determine 
                if the employer is in compliance with the requirements 
                of this Act, including any regulations promulgated 
                under this Act.</DELETED>
        <DELETED>    ``(2) Consultation report.--Not later than 10 
        business days after an individual qualified under the program 
        provides the consultation services described in subsection (a) 
        to an employer, the individual shall prepare and submit a 
        written report to the employer that includes an identification 
        of any violations of this Act and requirements with respect to 
        corrective measures the employer needs to carry out in order 
        for the workplace of the employer to be in compliance with the 
        requirements of this Act.</DELETED>
        <DELETED>    ``(3) Reinspection.--Not later than 30 days after 
        an individual qualified under the program submits a report to 
        an employer under paragraph (2), or on a date agreed on by the 
        individual and the employer, the individual shall reinspect the 
        workplace of the employer to verify that any occupational 
        safety or health violations identified in the report have been 
        corrected and the workplace of the employer is in compliance 
        with this Act. If, after such reinspection, the individual 
        determines that the workplace is in compliance with the 
        requirements of this Act, the individual shall provide the 
employer a declaration of compliance.</DELETED>
        <DELETED>    ``(4) Guidelines.--The Secretary, in consultation 
        with an advisory committee established in section 7(d), shall 
        develop model guidelines for use in evaluating a workplace 
        under paragraph (1).</DELETED>
<DELETED>    ``(e) Access to Records.--Any records relating to 
consultation services (as described in subsection (a)) provided by an 
individual qualified under the program, or records, reports, or other 
information prepared in connection with safety and health inspections, 
audits, or reviews conducted by or for an employer and not required 
under this Act, shall not be admissible in a court of law or 
administrative proceeding against the employer except that such records 
may be used as evidence for purposes of a disciplinary action under 
subsection (c).</DELETED>
<DELETED>    ``(f) Exemption.--</DELETED>
        <DELETED>    ``(1) In general.--If an employer enters into a 
        contract with an individual qualified under the program, to 
        provide consultation services described in subsection (a), and 
        receives a declaration of compliance under subsection (d)(3), 
        the employer shall be exempt from the assessment of any civil 
        penalty under section 17 for a period of 2 years after the date 
        the employer receives the declaration.</DELETED>
        <DELETED>    ``(2) Exceptions.--Paragraph (1) shall not apply--
        </DELETED>
                <DELETED>    ``(A) if the employer involved has not 
                made a good faith effort to remain in compliance as 
                required under the declaration of compliance; 
                or</DELETED>
                <DELETED>    ``(B) to the extent that there has been a 
                fundamental change in the hazards of the 
                workplace.</DELETED>
<DELETED>    ``(g) Definition.--In this section, the term `program' 
means the program established by the Secretary under subsection 
(a).''.</DELETED>

<DELETED>SEC. 6. INDEPENDENT SCIENTIFIC PEER REVIEW.</DELETED>

<DELETED>    Section 6(b) (29 U.S.C. 655(b)(1)) is amended--</DELETED>
        <DELETED>    (1) by striking: ``(4) Within'' and inserting: 
        ``(4)(A) Within''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(B)(i) Prior to issuing a final standard under this 
paragraph, the Secretary shall submit the draft final standard and a 
copy of the administrative record to the National Academy of Sciences 
for review in accordance with clause (ii).</DELETED>
<DELETED>    ``(ii)(I) The National Academy of Sciences shall appoint 
an independent Scientific Review Committee.</DELETED>
<DELETED>    ``(II) The Scientific Review Committee shall conduct an 
independent review of the draft final standard and the scientific 
literature and make written recommendations with respect to the draft 
final standard to the Secretary, including recommendations relating to 
the appropriateness and adequacy of the scientific data, scientific 
methodology, and scientific conclusions, adopted by the 
Secretary.</DELETED>
<DELETED>    ``(III) If the Secretary decides to modify the draft final 
standard in response to the recommendations provided by the Scientific 
Review Committee, the Scientific Review Committee shall be given an 
opportunity to review and comment on the modifications before the final 
standard is issued.</DELETED>
<DELETED>    ``(IV) The recommendations of the Scientific Review 
Committee shall be published with the final standard in the Federal 
Register.''.</DELETED>

<DELETED>SEC. 7. CONTINUING EDUCATION AND PROFESSIONAL CERTIFICATION 
              FOR CERTAIN OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
              PERSONNEL.</DELETED>

<DELETED>    Section 8 (29 U.S.C. 657) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(h) Any Federal employee responsible for enforcing this 
Act shall (not later than 2 years after the date of enactment of this 
subsection or 2 years after the initial employment of the employee) 
meet the eligibility requirements prescribed under subsection (a)(2) of 
section 8A.</DELETED>
<DELETED>    ``(i) The Secretary shall ensure that any Federal employee 
responsible for enforcing this Act who carries out inspections or 
investigations under this section, receive professional education and 
training at least every 5 years as prescribed by the 
Secretary.''.</DELETED>

<DELETED>SEC. 8. INSPECTION PROCEDURES AND QUOTAS.</DELETED>

<DELETED>    (a) In General.--Section 8(f) (29 U.S.C. 657(f)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) in the second sentence, by inserting 
                before ``and a copy'' the following: ``and shall state 
                whether the alleged violation has been brought to the 
                attention of the employer and if so, whether the 
                employer has refused to take any action to correct the 
                alleged violation,'';</DELETED>
                <DELETED>    (B) by inserting after the third sentence 
                the following: ``The inspection shall be conducted for 
                the limited purpose of determining whether the 
                violation exists. During such an inspection, the 
                Secretary may take appropriate actions with respect to 
                health and safety violations that are not within the 
                scope of the inspection and that are observed by the 
                Secretary or an authorized representative of the 
                Secretary during the inspection.''; and</DELETED>
                <DELETED>    (C) by inserting before the last period 
                the following: ``, and, upon request by the employee or 
                employee representative, shall provide a written 
                statement of the reasons for the determination of the 
                Secretary''; and</DELETED>
        <DELETED>    (2) by adding at the end thereof the 
        following:</DELETED>
<DELETED>    ``(3) The Secretary or an authorized representative of the 
Secretary may, as a method of investigating an alleged violation or 
danger under this subsection, attempt, if feasible, to contact an 
employer by telephone, facsimile, or other appropriate methods to 
determine whether--</DELETED>
        <DELETED>    ``(A) the employer has taken corrective actions 
        with respect to the alleged violation or danger; or</DELETED>
        <DELETED>    ``(B) there are reasonable grounds to believe that 
        a hazard exists.</DELETED>
<DELETED>    ``(4) The Secretary is not required to conduct an 
inspection under this subsection if the Secretary determines that a 
request for an inspection was made for reasons other than the safety 
and health of the employees of an employer or that the employees of an 
employer are not at risk.''.</DELETED>
<DELETED>    (b) Quotas.--Section 9 (29 U.S.C. 658) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(d) The Secretary shall not establish for any employee 
within the Occupational Safety and Health Administration (including any 
regional director, area director, supervisor, or inspector) a quota 
with respect to the number of inspections conducted, the number of 
citations issued, or the amount of penalties collected, in accordance 
with this Act.</DELETED>
<DELETED>    ``(e) Not later than 12 months after the date of enactment 
of this subsection and annually thereafter, the Secretary shall report 
on the number of employers that are inspected under this Act and 
determined to be in compliance with the requirements prescribed under 
this Act.''.</DELETED>

<DELETED>SEC. 9. PERSONAL RESPONSIBILITIES.</DELETED>

<DELETED>    (a) The Use of Alternative Methods as an Affirmative 
Defense.--Section 9 (29 U.S.C. 658), as amended by section 8, is 
further amended by adding at the end the following:</DELETED>
<DELETED>    ``(f)(1) 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 an alleged 
violation.</DELETED>
<DELETED>    ``(2) 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 the employer demonstrates that--</DELETED>
        <DELETED>    ``(A) the employees of the employer have been 
        provided with the proper training and equipment to prevent such 
        a violation;</DELETED>
        <DELETED>    ``(B) work rules designed to prevent such a 
        violation have been established and adequately communicated to 
        the employees by the employer and the employer has taken 
        reasonable measures to discipline employees when violations of 
        the work rules have been discovered;</DELETED>
        <DELETED>    ``(C) the failure of employees to observe work 
        rules led to the violation; and</DELETED>
        <DELETED>    ``(D) reasonable measures have been taken by the 
        employer to discover any such violation.</DELETED>
<DELETED>    ``(g) A citation issued under subsection (a) to an 
employer who violates section 5, 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 the 
employees of such employer were protected by alternative methods that 
are equally or more protective of the safety and health of the 
employees than the methods required by such standard, rule, order, or 
regulation in the factual circumstances underlying the 
citation.</DELETED>
<DELETED>    ``(h) Subsections (f) and (g) shall not be construed to 
eliminate or modify other defenses that may exist to any 
citation.''.</DELETED>
<DELETED>    (b) Employee Responsibility.--The Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.) is amended by inserting 
after section 10 the following:</DELETED>

<DELETED>``SEC. 10A. EMPLOYEE RESPONSIBILITY.</DELETED>

<DELETED>    ``(a) In General.--Notwithstanding any other provision of 
this Act, an employee who, with respect to personal protective 
equipment, willfully violates any requirement of section 5 or any 
standard, rule, or order promulgated pursuant to section 6, or any 
regulation prescribed pursuant to this Act, may be assessed a civil 
penalty, as determined by the Secretary, for each violation.</DELETED>
<DELETED>    ``(b) Citations.--If, upon inspection and investigation, 
the Secretary or the authorized representative of the Secretary 
believes that an employee of an employer has, with respect to personal 
protective equipment, violated any requirement of section 5 or any 
standard, rule, or order promulgated pursuant to section 6, or any 
regulation prescribed pursuant to this Act, the Secretary shall within 
60 days issue a citation to the employee. Each citation shall be in 
writing and shall describe with particularity the nature of the 
violation, including a reference to the provision of this Act, 
standard, rule, regulation, or order alleged to have been violated. No 
citation may be issued under this section after the expiration of 6 
months following the occurrence of any violation.</DELETED>
<DELETED>    ``(c) Notification.--The Secretary shall notify the 
employee by certified mail of the citation and proposed penalty and 
that the employee has 15 working days within which to notify the 
Secretary that the employee wishes to contest the citation or penalty. 
If no notice is filed by the employee within 15 working days, the 
citation and the penalty, as proposed, shall be deemed a final order of 
the Commission and not subject to review by any court or 
agency.</DELETED>
<DELETED>    ``(d) Contesting of Citation.--If the employee notifies 
the Secretary that the employee intends to contest the citation or 
proposed penalty, the Secretary shall immediately advise the Commission 
of such notification, and the Commission shall afford an opportunity 
for a hearing (in accordance section 554 of title 5, United States 
Code). The Commission shall after the hearing issue an order, based on 
findings of fact, affirming, modifying, or vacating the Secretary's 
citation or proposed penalty, or directing other appropriate relief. 
Such order shall become final 30 days after issuance of the 
order.''.</DELETED>

<DELETED>SEC. 10. REDUCED PENALTIES FOR PAPERWORK VIOLATIONS.</DELETED>

<DELETED>    Section 17 (29 U.S.C. 666) is amended by striking 
subsection (i) and inserting the following:</DELETED>
<DELETED>    ``(i) Any employer who violates any of the posting or 
paperwork requirements, other than fraudulent reporting requirement 
deficiencies, prescribed under this Act shall not be assessed a civil 
penalty for such a violation unless the Secretary determines that the 
employer has violated subsection (a) or (d) with respect to the posting 
or paperwork requirements.''.</DELETED>

<DELETED>SEC. 11. REVIEW BY THE COMMISSION.</DELETED>

<DELETED>    Section 17 (29 U.S.C. 666) is amended by striking 
subsection (j) and inserting the following:</DELETED>
<DELETED>    ``(j) The Commission shall have authority to assess all 
civil penalties under this section. In assessing a penalty under this 
section for a violation, the Commission shall give due consideration to 
the appropriateness of the penalty with respect to--</DELETED>
        <DELETED>    ``(1) the size of an employer;</DELETED>
        <DELETED>    ``(2) the number of employees exposed to the 
        violation;</DELETED>
        <DELETED>    ``(3) the likely severity of any injuries directly 
        resulting from the violation;</DELETED>
        <DELETED>    ``(4) the probability that the violation could 
        result in injury or illness;</DELETED>
        <DELETED>    ``(5) the good faith of an employer in correcting 
        the violation after the violation has been 
        identified;</DELETED>
        <DELETED>    ``(6) the history of previous violations by an 
        employer; and</DELETED>
        <DELETED>    ``(7) whether the violation is the sole result of 
        the failure of an employer 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.''.</DELETED>

<DELETED>SEC. 12. TECHNICAL ASSISTANCE PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 21(c) (29 U.S.C. 670(c)) is 
amended--</DELETED>
        <DELETED>    (1) by striking ``(c) The'' and inserting ``(c)(1) 
        The'';</DELETED>
        <DELETED>    (2) by striking ``(1) provide'' and inserting 
        ``(A) provide'';</DELETED>
        <DELETED>    (3) by striking ``(2) consult'' and inserting 
        ``(B) consult''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(2)(A) The Secretary shall, through the authority 
granted under section 7(c) and paragraph (1), enter into cooperative 
agreements with States for the provision of consultation services by 
such States to employers concerning the provision of safe and healthful 
working conditions.</DELETED>
<DELETED>    ``(B)(i) Except as provided in clause (ii), the Secretary 
shall reimburse a State that enters into a cooperative agreement under 
subparagraph (A) in an amount that equals 90 percent of the costs 
incurred by the State for the provision of consultation services under 
such agreement.</DELETED>
<DELETED>    ``(ii) A State shall be reimbursed by the Secretary for 90 
percent of the costs incurred by the State for the provision of--
</DELETED>
        <DELETED>    ``(I) training approved by the Secretary for State 
        personnel operating under a cooperative agreement; 
        and</DELETED>
        <DELETED>    ``(II) specified out-of-State travel expenses 
        incurred by such personnel.</DELETED>
<DELETED>    ``(iii) A reimbursement paid to a State under this 
subparagraph shall be limited to costs incurred by such State for the 
provision of consultation services under this paragraph and the costs 
described in clause (ii).</DELETED>
<DELETED>    ``(C) Notwithstanding any other provisions of law, not 
less than 15 percent of the total amount of funds appropriated for the 
Occupational Safety and Health Administration for a fiscal year shall 
be used for education, consultation, and outreach efforts.''.</DELETED>
<DELETED>    (b) Pilot Program.--Section 21 (29 U.S.C. 670) is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(d)(1) Not later than 90 days after the date of 
enactment of this subsection, the Secretary shall establish and carry 
out a pilot program in 3 States to provide expedited consultation 
services, with respect to the provision of safe and healthful working 
conditions, to employers that are small businesses (as the term is 
defined by the Administrator of the Small Business Administration). The 
Secretary shall carry out the program for a period not to exceed 2 
years.</DELETED>
<DELETED>    ``(2) The Secretary shall provide consultation services 
under paragraph (1) not later than 4 weeks after the date on which the 
Secretary receives a request from an employer.</DELETED>
<DELETED>    ``(3) The Secretary may impose a nominal fee to an 
employer requesting consultation services under paragraph (1). The fee 
shall be in an amount determined by the Secretary. Employers paying a 
fee shall receive priority consultation services by the 
Secretary.</DELETED>
<DELETED>    ``(4) In lieu of issuing a citation under section 9 to an 
employer for a violation found by the Secretary during a consultation 
under paragraph (1), the Secretary shall permit the employer to carry 
out corrective measures to correct the conditions causing the 
violation. The Secretary shall conduct not more than 2 visits to the 
workplace of the employer to determine if the employer has carried out 
the corrective measures. The Secretary shall issue a citation as 
prescribed under section 5 if, after such visits, the employer has 
failed to carry out the corrective measures.</DELETED>
<DELETED>    ``(5) Not later than 90 days after the termination of the 
program under paragraph (1), the Secretary shall prepare and submit a 
report to the appropriate committees of Congress that contains an 
evaluation of the implementation of the pilot program.''.</DELETED>

<DELETED>SEC. 13. VOLUNTARY PROTECTION PROGRAMS.</DELETED>

<DELETED>    (a) Cooperative Agreements.--The Secretary of Labor shall 
establish cooperative agreements with employers to encourage the 
establishment of comprehensive safety and health management systems 
that include--</DELETED>
        <DELETED>    (1) requirements for systematic assessment of 
        hazards;</DELETED>
        <DELETED>    (2) comprehensive hazard prevention, mitigation, 
        and control programs;</DELETED>
        <DELETED>    (3) active and meaningful management and employee 
        participation in the voluntary program described in subsection 
        (b); and</DELETED>
        <DELETED>    (4) employee safety and health training.</DELETED>
<DELETED>    (b) Voluntary Protection Program.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of Labor shall 
        establish and carry out a voluntary protection program 
        (consistent with subsection (a)) to encourage and recognize the 
        achievement of excellence in both the technical and managerial 
        protection of employees from occupational hazards. The 
        Secretary of Labor shall encourage small businesses (as the 
        term is defined by the Administrator of the Small Business 
        Administration) to participate in the voluntary protection 
        program by carrying out outreach and assistance initiatives and 
        developing program requirements that address the needs of small 
        businesses.</DELETED>
        <DELETED>    (2) Program requirement.--The voluntary protection 
        program shall include the following:</DELETED>
                <DELETED>    (A) Application.--Employers who volunteer 
                under the program shall be required to submit an 
                application to the Secretary of Labor demonstrating 
                that the worksite with respect to which the application 
                is made meets such requirements as the Secretary of 
                Labor may require for participation in the 
                program.</DELETED>
                <DELETED>    (B) Onsite evaluations.--There shall be 
                onsite evaluations by representatives of the Secretary 
                of Labor to ensure a high level of protection of 
                employees. The onsite visits shall not result in 
                enforcement of citations under the Occupational Safety 
                and Health Act of 1970 (29 U.S.C. 651 et 
                seq.).</DELETED>
                <DELETED>    (C) Information.--Employers who are 
                approved by the Secretary of Labor for participation in 
                the program shall assure the Secretary of Labor that 
                information about the safety and health program of the 
                employers shall be made readily available to the 
                Secretary of Labor to share with employees.</DELETED>
                <DELETED>    (D) Reevaluations.--Periodic reevaluations 
                by the Secretary of Labor of the employers shall be 
                required for continued participation in the 
                program.</DELETED>
        <DELETED>    (3) Exemptions.--A site with respect to which a 
        program has been approved shall, during participation in the 
        program be exempt from inspections or investigations and 
        certain paperwork requirements to be determined by the 
        Secretary of Labor, except that this paragraph shall not apply 
        to inspections or investigations arising from employee 
        complaints, fatalities, catastrophes, or significant toxic 
        releases.</DELETED>

<DELETED>SEC. 14. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.</DELETED>

<DELETED>    The Occupational Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.) is amended--</DELETED>
        <DELETED>    (1) by striking sections 29, 30, and 31;</DELETED>
        <DELETED>    (2) by redesignating sections 32, 33, and 34 as 
        sections 30, 31, and 32, respectively; and</DELETED>
        <DELETED>    (3) by inserting after section 28 (29 U.S.C. 676) 
        the following:</DELETED>

<DELETED>``SEC. 29. ALCOHOL AND SUBSTANCE ABUSE TESTING.</DELETED>

<DELETED>    ``(a) Program Purpose.--In order to secure a safe 
workplace, employers may establish and carry out an alcohol and 
substance abuse testing program in accordance with subsection 
(b).</DELETED>
<DELETED>    ``(b) Federal Guidelines.--An alcohol and substance abuse 
testing program described in subsection (a) shall meet the following 
requirements:</DELETED>
        <DELETED>    ``(1) Substance abuse.--A substance abuse testing 
        program shall permit the use of an onsite or offsite urine 
        screening or other recognized screening methods, so long as the 
        confirmation tests are performed in accordance with the 
        mandatory guidelines for Federal workplace testing programs 
        published by the Secretary of Health and Human Services on 
        April 11, 1988, at section 11979 of title 53, Code of Federal 
        Regulations (including any amendments to such guidelines), in a 
        lab that is subject to the requirements of subpart B of such 
        mandatory guidelines.</DELETED>
        <DELETED>    ``(2) Alcohol.--The alcohol testing component of 
        the program shall take the form of alcohol breath analysis and 
        shall conform 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.</DELETED>
<DELETED>    ``(c) Test Requirements.--This section shall not be 
construed to prohibit an employer from requiring--</DELETED>
        <DELETED>    ``(1) an applicant for employment to submit to and 
        pass an alcohol or substance abuse test before employment by 
        the employer; or</DELETED>
        <DELETED>    ``(2) an employee, including managerial personnel, 
        to submit to and pass an alcohol or substance abuse test--
        </DELETED>
                <DELETED>    ``(A) 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;</DELETED>
                <DELETED>    ``(B) where such test is administered as 
                part of a scheduled medical examination;</DELETED>
                <DELETED>    ``(C) in the case of an accident or 
                incident, involving the actual or potential loss of 
                human life, bodily injury, or property 
                damage;</DELETED>
                <DELETED>    ``(D) during the participation of an 
                employee in an alcohol or substance abuse treatment 
                program, and for a reasonable period of time (not to 
                exceed 5 years) after the conclusion of such program; 
                or</DELETED>
                <DELETED>    ``(E) on a random selection basis in work 
                units, locations, or facilities.</DELETED>
<DELETED>    ``(d) Construction.--Nothing in this section shall be 
construed to require an employer to establish an alcohol and substance 
abuse testing program for applicants or employees or make employment 
decisions based on such test results.</DELETED>
<DELETED>    ``(e) Preemption.--The provisions of this section shall 
preempt any provision of State law to the extent that such State law is 
inconsistent with this section.</DELETED>
<DELETED>    ``(f) Investigations.--The Secretary is authorized to 
conduct testing of employees (including managerial personnel) of an 
employer for use of alcohol or controlled substances during any 
investigations of a work-related fatality or serious 
injury.''.</DELETED>

<DELETED>SEC. 15. CONSULTATION ALTERNATIVES.</DELETED>

<DELETED>    Subsection (a) of section 9 (29 U.S.C. 658(a)) is amended 
to read as follows:</DELETED>
<DELETED>    ``(a)(1) Nothing in this Act shall be construed as 
prohibiting the Secretary or the authorized representative of the 
Secretary from providing technical or compliance assistance to an 
employer in correcting a violation discovered during an inspection or 
investigation under this Act without issuing a citation.</DELETED>
<DELETED>    ``(2) Except as provided in paragraph (3), if, upon an 
inspection or investigation, the Secretary or an authorized 
representative of the Secretary believes that an employer has violated 
a requirement of section 5, of any regulation, rule, or order 
promulgated pursuant to section 6, or of any regulations prescribed 
pursuant to this Act, the Secretary may with reasonable promptness 
issue a citation to the employer. Each citation shall be in writing and 
shall describe with particularity the nature of a violation, including 
a reference to the provision of the Act, regulation, rule, or order 
alleged to have been violated. The citation shall fix a reasonable time 
for the abatement of the violation.</DELETED>
<DELETED>    ``(3) The Secretary or the authorized representative of 
the Secretary--</DELETED>
        <DELETED>    ``(A) may issue a warning in lieu of a citation 
        with respect to a violation that has no significant 
        relationship to employee safety or health; and</DELETED>
        <DELETED>    ``(B) may issue a warning in lieu of a citation in 
        cases in which an employer in good faith acts promptly to abate 
        a violation if the violation is not a willful or repeated 
        violation.''.</DELETED>

SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Safety Advancement 
for Employees Act of 1997'' or the ``SAFE 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. PURPOSE.

    Section 2(b) (29 U.S.C. 651(b)) is amended--
            (1) in paragraph (13), by striking the period and inserting 
        ``; and''; and
            (2) by adding at the end the following:
            ``(14) by increasing the joint cooperation of employers, 
        employees, and the Secretary of Labor in the effort to ensure 
        safe and healthful working conditions for employees.''.

SEC. 3. EMPLOYEE AND EMPLOYER PARTICIPATION PROGRAMS.

    Section 4 (29 U.S.C. 653) is amended by adding at the end the 
following:
    ``(c)(1) In order to further carry out the purpose of this Act to 
encourage employers and employees in their efforts to reduce 
occupational safety and health hazards, employers may establish 
employer and employee participation programs which exist for the sole 
purpose of addressing safe and healthful working conditions.
    ``(2) An entity created under a program described in paragraph (1) 
shall not constitute a labor organization for purposes of section 
8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) or a 
representative for purposes of sections 1 and 2 of the Railway Labor 
Act (45 U.S.C. 151 and 151a).
    ``(3) Nothing in this subsection shall be construed to affect 
employer obligations under section 8(a)(5) of the National Labor 
Relations Act (29 U.S.C. 158(a)(5)) to deal with a certified or 
recognized employee representative with respect to health and safety 
matters to the extent otherwise required by law.''.

SEC. 4. ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE.

    Section 7 (29 U.S.C. 656) is amended by adding at the end the 
following:
    ``(d)(1) Not later than 3 months after the date of enactment of 
this subsection, the Secretary shall establish an advisory committee 
(pursuant to the Federal Advisory Committee Act (5 U.S.C. App)) to 
carry out the duties described in paragraph (3).
    ``(2) The advisory committee shall be composed of--
            ``(A) 3 members who are employees;
            ``(B) 3 members who are employers;
            ``(C) 2 members who are members of the general public; and
            ``(D) 1 member who is a State official from a State plan 
        State.
Each member of the advisory committee shall have expertise in workplace 
safety and health as demonstrated by the educational background of the 
member.
    ``(3) The advisory committee shall advise and make recommendations 
to the Secretary with respect to the establishment and implementation 
of a consultation services program under section 8A.''.

SEC. 5. THIRD PARTY CONSULTATION SERVICES PROGRAM.

    (a) Program.--The Act (29 U.S.C. 651 et seq.) is amended by 
inserting after section 8 the following:

``SEC. 8A. THIRD PARTY CONSULTATION SERVICES PROGRAM.

    ``(a) Establishment of Program.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Secretary shall establish and 
        implement, by regulation, a program that qualifies individuals 
        to provide consultation services to employers to assist 
        employers in the identification and correction of safety and 
        health hazards in the workplaces of employers.
            ``(2) Eligibility.--Each of the following individuals shall 
        be eligible to be qualified under the program:
                    ``(A) An individual licensed by a State authority 
                as a physician, industrial hygienist, professional 
                engineer, safety engineer, safety professional, or 
                registered nurse.
                    ``(B) An individual who has been employed as an 
                inspector for a State plan State or as a Federal 
                occupational safety and health inspector for not less 
                than a 5-year period.
                    ``(C) An individual qualified in an occupational 
                health or safety field by an organization whose program 
                has been accredited by a nationally recognized private 
                accreditation organization or by the Secretary.
                    ``(D) An individual who has not less than 10 years 
                expertise in workplace safety and health.
                    ``(E) Other individuals determined to be qualified 
                by the Secretary.
            ``(3) Geographical scope of consultation services.--An 
        individual qualified under the program may provide consultation 
        services in any State.
    ``(b) Safety and Health Registry.--The Secretary shall develop and 
maintain a registry that includes all individuals that are qualified 
under the program to provide the consultation services described in 
subsection (a) and shall publish and make such registry readily 
available to the general public.
    ``(c) Disciplinary Actions.--
            ``(1) In general.--The Secretary may revoke the status of 
        an individual qualified under subsection (a) if the Secretary 
        determines that the individual--
                    ``(A) has failed to meet the requirements of the 
                program; or
                    ``(B) has committed malfeasance, gross negligence, 
                or fraud in connection with any consultation services 
provided by the qualified individual.
    ``(d) Consultation Services.--
            ``(1) Scope of consultation services.--
                    ``(A) In general.--The consultation services 
                described in subsection (a), and provided by an 
                individual qualified under the program, shall include 
                an evaluation of the workplace of an employer to 
                identify any violations of this Act and appropriate 
                corrective measures to address the violations that are 
                identified.
                    ``(B) Non-fixed work sites.--With respect to the 
                employees of an employer who do not work at a fixed 
                site, the consultation services described in subsection 
                (a), and provided by an individual qualified under the 
                program, shall include an evaluation of the safety and 
                health program of the employer to identify any 
                violations of this Act and appropriate corrective 
                measures to address the violations that are identified.
            ``(2) Consultation report.--Not later than 30 business days 
        after an individual qualified under the program completes the 
        evaluations described in this subsection, or on a date agreed 
        on by the individual and the employer, the individual shall 
        prepare and submit a written report to the employer that 
        includes an identification of any violations of this Act and 
        appropriate corrective measures to address the violations that 
        are identified.
            ``(3) Reinspection.--Not later than 90 days after an 
        individual qualified under the program submits a written report 
        to an employer under paragraph (2), or on a date agreed on by 
        the individual and the employer, the individual shall reinspect 
        the workplace of the employer to verify that any occupational 
        safety or health violations identified in the report have been 
        corrected. If, after such reinspection, the individual 
        determines that the violations identified in the report have 
        been corrected or are being corrected pursuant to a written 
        plan described in this paragraph, the individual shall provide 
        the employer a declaration of resolution for that workplace. 
        The written plan must identify the violation and the steps to 
        be taken to achieve abatement and, where necessary, how 
        employees will be protected from exposure to the violative 
        condition in the interim until abatement is complete. 
        Compliance with the written plan shall be verified by progress 
        reports or reinspection by the qualified individual.
            ``(4) Guidelines.--The Secretary, in consultation with an 
        advisory committee established in section 7(d), shall develop 
        model guidelines for use in evaluating a workplace under 
        paragraph (1).
    ``(e) Access to Records.--Any records relating to consultation 
services (as described in subsection (a)) provided by an individual 
qualified under the program, or records, reports, or other information 
prepared in connection with safety and health inspections, audits, or 
reviews conducted by or for an employer and not required under this 
Act, shall not be admissible in a court of law or administrative 
proceeding or enforcement proceeding against the employer except that 
such records may be used as evidence for purposes of a disciplinary 
action under subsection (c).
    ``(f) Exemption.--
            ``(1) In general.--If an employer utilizes an individual 
        qualified under the program, to provide consultation services 
        described in subsection (a), and receives a declaration of 
        resolution under subsection (d)(3), the employer shall be 
        exempt from the assessment of any civil penalty under section 
        17 for the workplace covered by the declaration of resolution 
        for a period of 2 years after the date the employer receives 
        the declaration.
            ``(2) Exceptions.--Paragraph (1) shall not apply--
                    ``(A) if the employer involved has not made a good 
                faith effort to remain in compliance as required under 
                the declaration of resolution; or
                    ``(B) to the extent that there has been a 
                fundamental change in the hazards of the workplace.
    ``(g) Definition.--In this section, the term `program' means the 
program established by the Secretary under subsection (a).''.

SEC. 6. INDEPENDENT SCIENTIFIC PEER REVIEW.

    Section 6(b) (29 U.S.C. 655(b)(1)) is amended--
            (1) by striking: ``(4) Within'' and inserting: ``(4)(A) 
        Within''; and
            (2) by adding at the end the following:
    ``(B)(i) Prior to issuing a final standard under this paragraph, 
the Secretary shall submit the draft final standard and a copy of the 
administrative record to the National Academy of Sciences for review in 
accordance with clause (ii).
    ``(ii)(I) The National Academy of Sciences shall appoint an 
independent Scientific Review Committee.
    ``(II) The Scientific Review Committee shall conduct an independent 
review of the draft final standard and the scientific literature and 
make written recommendations with respect to the draft final standard 
to the Secretary, including recommendations relating to the 
appropriateness and adequacy of the scientific data, scientific 
methodology, and scientific conclusions, adopted by the Secretary.
    ``(III) If the Secretary decides to modify the draft final standard 
in response to the recommendations provided by the Scientific Review 
Committee, the Scientific Review Committee shall be given an 
opportunity to review and comment on the modifications before the final 
standard is issued.
    ``(IV) The recommendations of the Scientific Review Committee shall 
be published with the final standard in the Federal Register.''.

SEC. 7. CONTINUING EDUCATION AND PROFESSIONAL CERTIFICATION FOR CERTAIN 
              OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION PERSONNEL.

    Section 8 (29 U.S.C. 657) is amended by adding at the end the 
following:
    ``(h) Any Federal employee responsible for enforcing this Act shall 
(not later than 2 years after the date of enactment of this subsection 
or 2 years after the initial employment of the employee) meet the 
eligibility requirements prescribed under subsection (a)(2) of section 
8A.
    ``(i) The Secretary shall ensure that any Federal employee 
responsible for enforcing this Act who carries out inspections or 
investigations under this section, receive professional education and 
training at least every 5 years as prescribed by the Secretary.''.

SEC. 8. INSPECTION PROCEDURES AND QUOTAS.

    (a) In General.--Section 8(f) (29 U.S.C. 657(f)) is amended--
            (1) in paragraph (1)--
                    (A) in the second sentence, by inserting before 
                ``and a copy'' the following: ``and shall state whether 
                the alleged violation has been brought to the attention 
                of the employer and if so, whether the employer has 
                refused to take any action to correct the alleged 
                violation,'';
                    (B) by inserting after the third sentence the 
                following: ``The inspection shall be conducted for the 
                limited purpose of determining whether the violation 
                exists. During such an inspection, the Secretary may 
                take appropriate actions with respect to health and 
                safety violations that are not within the scope of the 
                inspection and that are observed by the Secretary or an 
                authorized representative of the Secretary during the 
                inspection.''; and
                    (C) by inserting before the last period the 
                following: ``, and, upon request by the employee or 
                employee representative, shall provide a written 
                statement of the reasons for the determination of the 
                Secretary''; and
            (2) by adding at the end thereof the following:
    ``(3) The Secretary or an authorized representative of the 
Secretary may, as a method of investigating an alleged violation or 
danger under this subsection, attempt, if feasible, to contact an 
employer by telephone, facsimile, or other appropriate methods to 
determine whether--
            ``(A) the employer has taken corrective actions with 
        respect to the alleged violation or danger; or
            ``(B) there are reasonable grounds to believe that a hazard 
        exists.
    ``(4) The Secretary is not required to conduct an inspection under 
this subsection if the Secretary determines that a request for an 
inspection was made for reasons other than the safety and health of the 
employees of an employer or that the employees of an employer are not 
at risk.''.
    (b) Quotas.--Section 9 (29 U.S.C. 658) is amended by adding at the 
end the following:
    ``(d) The Secretary shall not establish for any employee within the 
Occupational Safety and Health Administration (including any regional 
director, area director, supervisor, or inspector) a quota with respect 
to the number of inspections conducted, the number of citations issued, 
or the amount of penalties collected, in accordance with this Act.
    ``(e) Not later than 12 months after the date of enactment of this 
subsection and annually thereafter, the Secretary shall report on the 
number of employers that are inspected under this Act and determined to 
be in compliance with the requirements prescribed under this Act.''.

SEC. 9. PERSONAL RESPONSIBILITIES.

    (a) The Use of Alternative Methods as an Affirmative Defense.--
Section 9 (29 U.S.C. 658), as amended by section 8, is further amended 
by adding at the end the following:
    ``(f)(1) 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 an alleged violation.
    ``(2) 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 the employer demonstrates that--
            ``(A) the employees of the employer have been provided with 
        the proper training and equipment to prevent such a violation;
            ``(B) work rules designed to prevent such a violation have 
        been established and adequately communicated to the employees 
        by the employer and the employer has taken reasonable measures 
        to discipline employees when violations of the work rules have 
        been discovered;
            ``(C) the failure of employees to observe work rules led to 
        the violation; and
            ``(D) reasonable measures have been taken by the employer 
        to discover any such violation.
    ``(g) A citation issued under subsection (a) to an employer who 
violates section 5, 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 the employees of such 
employer were protected by alternative methods that are equally or more 
protective of the safety and health of the employees than the methods 
required by such standard, rule, order, or regulation in the factual 
circumstances underlying the citation.
    ``(h) Subsections (f) and (g) shall not be construed to eliminate 
or modify other defenses that may exist to any citation.''.
    (b) Employee Responsibility.--The Occupational Safety and Health 
Act of 1970 (29 U.S.C. 651 et seq.) is amended by inserting after 
section 10 the following:

``SEC. 10A. EMPLOYEE RESPONSIBILITY.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
an employee who, with respect to personal protective equipment, 
willfully violates any requirement of section 5 or any standard, rule, 
or order promulgated pursuant to section 6, or any regulation 
prescribed pursuant to this Act, may be assessed a civil penalty, as 
determined by the Secretary, for each violation.
    ``(b) Citations.--If, upon inspection and investigation, the 
Secretary or the authorized representative of the Secretary believes 
that an employee of an employer has, with respect to personal 
protective equipment, violated any requirement of section 5 or any 
standard, rule, or order promulgated pursuant to section 6, or any 
regulation prescribed pursuant to this Act, the Secretary shall within 
60 days issue a citation to the employee. Each citation shall be in 
writing and shall describe with particularity the nature of the 
violation, including a reference to the provision of this Act, 
standard, rule, regulation, or order alleged to have been violated. No 
citation may be issued under this section after the expiration of 6 
months following the occurrence of any violation.
    ``(c) Notification.--The Secretary shall notify the employee by 
certified mail of the citation and proposed penalty and that the 
employee has 15 working days within which to notify the Secretary that 
the employee wishes to contest the citation or penalty. If no notice is 
filed by the employee within 15 working days, the citation and the 
penalty, as proposed, shall be deemed a final order of the Commission 
and not subject to review by any court or agency.
    ``(d) Contesting of Citation.--If the employee notifies the 
Secretary that the employee intends to contest the citation or proposed 
penalty, the Secretary shall immediately advise the Commission of such 
notification, and the Commission shall afford an opportunity for a 
hearing (in accordance section 554 of title 5, United States Code). The 
Commission shall after the hearing issue an order, based on findings of 
fact, affirming, modifying, or vacating the Secretary's citation or 
proposed penalty, or directing other appropriate relief. Such order 
shall become final 30 days after issuance of the order.''.

SEC. 10. REDUCED PENALTIES FOR PAPERWORK VIOLATIONS.

    Section 17 (29 U.S.C. 666) is amended by striking subsection (i) 
and inserting the following:
    ``(i) Any employer who violates any of the posting or paperwork 
requirements, other than fraudulent reporting requirement deficiencies, 
prescribed under this Act shall not be assessed a civil penalty for 
such a violation unless the Secretary determines that the employer has 
violated subsection (a) or (d) with respect to the posting or paperwork 
requirements.''.

SEC. 11. REVIEW BY THE COMMISSION.

    Section 17 (29 U.S.C. 666) is amended by striking subsection (j) 
and inserting the following:
    ``(j) The Commission shall have authority to assess all civil 
penalties under this section. In assessing a penalty under this section 
for a violation, the Commission shall give due consideration to the 
appropriateness of the penalty with respect to--
            ``(1) the size of an employer;
            ``(2) the number of employees exposed to the violation;
            ``(3) the likely severity of any injuries directly 
        resulting from the violation;
            ``(4) the probability that the violation could result in 
        injury or illness;
            ``(5) the good faith of an employer in correcting the 
        violation after the violation has been identified;
            ``(6) the history of previous violations by an employer; 
        and
            ``(7) whether the violation is the sole result of the 
        failure of an employer 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.''.

SEC. 12. TECHNICAL ASSISTANCE PROGRAM.

    (a) In General.--Section 21(c) (29 U.S.C. 670(c)) is amended--
            (1) by striking ``(c) The'' and inserting ``(c)(1) The'';
            (2) by striking ``(1) provide'' and inserting ``(A) 
        provide'';
            (3) by striking ``(2) consult'' and inserting ``(B) 
        consult''; and
            (4) by adding at the end the following:
    ``(2)(A) The Secretary shall, through the authority granted under 
section 7(c) and paragraph (1), enter into cooperative agreements with 
States for the provision of consultation services by such States to 
employers concerning the provision of safe and healthful working 
conditions.
    ``(B)(i) Except as provided in clause (ii), the Secretary shall 
reimburse a State that enters into a cooperative agreement under 
subparagraph (A) in an amount that equals 90 percent of the costs 
incurred by the State for the provision of consultation services under 
such agreement.
    ``(ii) A State shall be reimbursed by the Secretary for 90 percent 
of the costs incurred by the State for the provision of--
            ``(I) training approved by the Secretary for State 
        personnel operating under a cooperative agreement; and
            ``(II) specified out-of-State travel expenses incurred by 
        such personnel.
    ``(iii) A reimbursement paid to a State under this subparagraph 
shall be limited to costs incurred by such State for the provision of 
consultation services under this paragraph and the costs described in 
clause (ii).
    ``(C) Notwithstanding any other provisions of law, not less than 15 
percent of the total amount of funds appropriated for the Occupational 
Safety and Health Administration for a fiscal year shall be used for 
education, consultation, and outreach efforts.''.
    (b) Pilot Program.--Section 21 (29 U.S.C. 670) is amended by adding 
at the end the following:
    ``(d)(1) Not later than 90 days after the date of enactment of this 
subsection, the Secretary shall establish and carry out a pilot program 
in 3 States to provide expedited consultation services, with respect to 
the provision of safe and healthful working conditions, to employers 
that are small businesses (as the term is defined by the Administrator 
of the Small Business Administration). The Secretary shall carry out 
the program for a period not to exceed 2 years.
    ``(2) The Secretary shall provide consultation services under 
paragraph (1) not later than 4 weeks after the date on which the 
Secretary receives a request from an employer.
    ``(3) The Secretary may impose a nominal fee to an employer 
requesting consultation services under paragraph (1). The fee shall be 
in an amount determined by the Secretary. Employers paying a fee shall 
receive priority consultation services by the Secretary.
    ``(4) In lieu of issuing a citation under section 9 to an employer 
for a violation found by the Secretary during a consultation under 
paragraph (1), the Secretary shall permit the employer to carry out 
corrective measures to correct the conditions causing the violation. 
The Secretary shall conduct not more than 2 visits to the workplace of 
the employer to determine if the employer has carried out the 
corrective measures. The Secretary shall issue a citation as prescribed 
under section 5 if, after such visits, the employer has failed to carry 
out the corrective measures.
    ``(5) Not later than 90 days after the termination of the program 
under paragraph (1), the Secretary shall prepare and submit a report to 
the appropriate committees of Congress that contains an evaluation of 
the implementation of the pilot program.''.

SEC. 13. VOLUNTARY PROTECTION PROGRAMS.

    (a) Cooperative Agreements.--The Secretary of Labor shall establish 
cooperative agreements with employers to encourage the establishment of 
comprehensive safety and health management systems that include--
            (1) requirements for systematic assessment of hazards;
            (2) comprehensive hazard prevention, mitigation, and 
        control programs;
            (3) active and meaningful management and employee 
        participation in the voluntary program described in subsection 
        (b); and
            (4) employee safety and health training.
    (b) Voluntary Protection Program.--
            (1) In general.--The Secretary of Labor shall establish and 
        carry out a voluntary protection program (consistent with 
subsection (a)) to encourage and recognize the achievement of 
excellence in both the technical and managerial protection of employees 
from occupational hazards. The Secretary of Labor shall encourage small 
businesses (as the term is defined by the Administrator of the Small 
Business Administration) to participate in the voluntary protection 
program by carrying out outreach and assistance initiatives and 
developing program requirements that address the needs of small 
businesses.
            (2) Program requirement.--The voluntary protection program 
        shall include the following:
                    (A) Application.--Employers who volunteer under the 
                program shall be required to submit an application to 
                the Secretary of Labor demonstrating that the worksite 
                with respect to which the application is made meets 
                such requirements as the Secretary of Labor may require 
                for participation in the program.
                    (B) Onsite evaluations.--There shall be onsite 
                evaluations by representatives of the Secretary of 
                Labor to ensure a high level of protection of 
                employees. The onsite visits shall not result in 
                enforcement of citations under the Occupational Safety 
                and Health Act of 1970 (29 U.S.C. 651 et seq.).
                    (C) Information.--Employers who are approved by the 
                Secretary of Labor for participation in the program 
                shall assure the Secretary of Labor that information 
                about the safety and health program of the employers 
                shall be made readily available to the Secretary of 
                Labor to share with employees.
                    (D) Reevaluations.--Periodic reevaluations by the 
                Secretary of Labor of the employers shall be required 
                for continued participation in the program.
            (3) Exemptions.--A site with respect to which a program has 
        been approved shall, during participation in the program be 
        exempt from inspections or investigations and certain paperwork 
        requirements to be determined by the Secretary of Labor, except 
        that this paragraph shall not apply to inspections or 
        investigations arising from employee complaints, fatalities, 
        catastrophes, or significant toxic releases.

SEC. 14. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) is amended by adding at the end the following:

``SEC. 35. ALCOHOL AND SUBSTANCE ABUSE TESTING.

    ``(a) Program Purpose.--In order to secure a safe workplace, 
employers may establish and carry out an alcohol and substance abuse 
testing program in accordance with subsection (b).
    ``(b) Federal Guidelines.--
            ``(1) In general.--An alcohol and substance abuse testing 
        program described in subsection (a) shall meet the following 
        requirements:
                    ``(A) Substance abuse.--A substance abuse testing 
                program shall permit the use of an onsite or offsite 
                drug testing.
                    ``(B) Alcohol.--The alcohol testing component of 
                the program shall take the form of alcohol breath 
                analysis and shall conform 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.
            ``(2) Definition.--For purposes of this section the term 
        ``alcohol and substance abuse testing program'' means any 
        program under which test procedures are used to take and 
        analyze blood, breath, hair, urine, saliva, or other body 
        fluids or materials for the purpose of detecting the presence 
        or absence of alcohol or a drug or its metabolites. In the case 
        of urine testing, the confirmation tests must be performed in 
        accordance with the mandatory guidelines for Federal workplace 
        testing programs published by the Secretary of Health and Human 
        Services on April 11, 1988, at section 11979 of title 53, Code 
        of Federal Regulations (including any amendments to such 
        guidelines). Proper laboratory protocols and procedures shall 
        be used to assure accuracy and fairness and laboratories must 
        be subject to the requirements of subpart B of the mandatory 
        guidelines, State certification, the Clinical Laboratory 
        Improvements Act or the College of American Pathologists.
    ``(c) Test Requirements.--This section shall not be construed to 
prohibit an employer from requiring--
            ``(1) an applicant for employment to submit to and pass an 
        alcohol or substance abuse test before employment by the 
        employer; or
            ``(2) an employee, including managerial personnel, to 
        submit to and pass an alcohol or substance abuse test--
                    ``(A) 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;
                    ``(B) where such test is administered as part of a 
                scheduled medical examination;
                    ``(C) in the case of an accident or incident, 
                involving the actual or potential loss of human life, 
                bodily injury, or property damage;
                    ``(D) during the participation of an employee in an 
                alcohol or substance abuse treatment program, and for a 
                reasonable period of time (not to exceed 5 years) after 
                the conclusion of such program; or
                    ``(E) on a random selection basis in work units, 
                locations, or facilities.
    ``(d) Construction.--Nothing in this section shall be construed to 
require an employer to establish an alcohol and substance abuse testing 
program for applicants or employees or make employment decisions based 
on such test results.
    ``(e) Preemption.--The provisions of this section shall not preempt 
any provision of State law.
    ``(f) Investigations.--The Secretary is authorized to conduct 
testing of employees (including managerial personnel) of an employer 
for use of alcohol or controlled substances during any investigations 
of a work-related fatality or serious injury.''.

SEC. 15. CONSULTATION ALTERNATIVES.

    Subsection (a) of section 9 (29 U.S.C. 658(a)) is amended to read 
as follows:
    ``(a)(1) Nothing in this Act shall be construed as prohibiting the 
Secretary or the authorized representative of the Secretary from 
providing technical or compliance assistance to an employer in 
correcting a violation discovered during an inspection or investigation 
under this Act without issuing a citation.
    ``(2) Except as provided in paragraph (3), if, upon an inspection 
or investigation, the Secretary or an authorized representative of the 
Secretary believes that an employer has violated a requirement of 
section 5, of any regulation, rule, or order promulgated pursuant to 
section 6, or of any regulations prescribed pursuant to this Act, the 
Secretary may with reasonable promptness issue a citation to the 
employer. Each citation shall be in writing and shall describe with 
particularity the nature of a violation, including a reference to the 
provision of the Act, regulation, rule, or order alleged to have been 
violated. The citation shall fix a reasonable time for the abatement of 
the violation.
    ``(3) The Secretary or the authorized representative of the 
Secretary--
            ``(A) may issue a warning in lieu of a citation with 
        respect to a violation that has no significant relationship to 
        employee safety or health; and
            ``(B) may issue a warning in lieu of a citation in cases in 
        which an employer in good faith acts promptly to abate a 
        violation if the violation is not a willful or repeated 
        violation.''.
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