I

106TH CONGRESS

1ST SESSION H. R. 1427

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 HOUSE OF REPRESENTATIVES

APRIL 15, 1999

Mr. TALENT (for himself, Mr. STENHOLM, Mr. PAUL, Mr. GOODE, Mr.

HUNTER, Mr. HAYWORTH, Ms. PRYCE of Ohio, Mr. CUNNINGHAM, Mr.

NORWOOD, Mr. RYUN of Kansas, Mr. BARRETT of Nebraska, Mr. PETERSON of Pennsylvania, and Mr. HILLEARY) introduced the following

bill; which was referred to the Committee on Education and the Workforce

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.

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

3 SECTION 1. SHORT TITLE; REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Safety Advancement for Employees Act of 1999’’ or the

6 ‘‘SAFE Act’’.

7 (b) REFERENCE.—Whenever in this Act an amend8 ment or repeal is expressed in terms of an amendment
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1 to, or repeal of, a section or other provision, the reference

2 shall be considered to be made to a section or other provi3 sion of the Occupational Safety and Health Act of 1970

4 (29 U.S.C. 651 et seq.).

5 SEC. 2. PURPOSE.

6 Section 2(b) (29 U.S.C. 651(b)) is amended—

7 (1) in paragraph (13), by striking the period

8 and inserting ‘‘; and’’; and

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

10 ‘‘(14) by increasing the joint cooperation of em11 ployers, employees, and the Secretary of Labor in

12 the effort to ensure safe and healthful working con13 ditions for employees.’’.

14 SEC. 3. EMPLOYEE AND EMPLOYER PARTICIPATION PRO15 GRAMS.

16 Section 4 (29 U.S.C. 653) is amended by adding at

17 the end the following:

18 ‘‘(c)(1) In order to further carry out the purpose of

19 this Act to encourage employers and employees in their

20 efforts to reduce occupational safety and health hazards,

21 employers may establish employer and employee participa22 tion programs which exist for the sole purpose of address23 ing safe and healthful working conditions.

24 ‘‘(2) An entity created under a program described in

25 paragraph (1) shall not constitute a labor organization for
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1 purposes of section 8(a)(2) of the National Labor Rela2 tions Act (29 U.S.C. 158(a)(2)) or a representative for

3 purposes of sections 1 and 2 of the Railway Labor Act

4 (45 U.S.C. 151 and 151a).

5 ‘‘(3) Nothing in this subsection shall be construed to

6 affect employer obligations under section 8(a)(5) of the

7 National Labor Relations Act (29 U.S.C. 158(a)(5)) to

8 deal with a certified or recognized employee representative

9 with respect to health and safety matters to the extent

10 otherwise required by law.’’.

11 SEC. 4. ESTABLISHMENT OF SPECIAL ADVISORY COM12 MITTEE.

13 Section 7 (29 U.S.C. 656) is amended by adding at

14 the end the following:

15 ‘‘(d)(1) Not later than 6 months after the date of

16 enactment of this subsection, the Secretary shall establish

17 an advisory committee (pursuant to the Federal Advisory

18 Committee Act (5 U.S.C. App)) to carry out the duties

19 described in paragraph (3).

20 ‘‘(2) The advisory committee shall be composed of—

21 ‘‘(A) 3 members who are employees;

22 ‘‘(B) 3 members who are employers;

23 ‘‘(C) 2 members who are members of the gen24 eral public; and
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1 ‘‘(D) 1 member who is a State official from a

2 State plan State.

3 Each member of the advisory committee shall have exper4 tise in workplace safety and health as demonstrated by

5 the educational background of the member.

6 ‘‘(3) The advisory committee shall advise and make

7 recommendations to the Secretary with respect to the es8 tablishment and implementation of a consultation services

9 program under section 8A.’’.

10 SEC. 5. THIRD PARTY CONSULTATION SERVICES PROGRAM.

11 The Act (29 U.S.C. 651 et seq.) is amended by in12 serting after section 8 the following:

13 ‘‘SEC. 8A. THIRD PARTY CONSULTATION SERVICES PRO14 GRAM.

15 ‘‘(a) PURPOSE.—Recognizing that—

16 ‘‘(1) employee safety is of paramount concern;

17 ‘‘(2) employers are overburdened by regulations

18 and are unable to read through, understand and ef19 fectively comply with the voluminous requirements of

20 this Act; and

21 ‘‘(3) the Secretary is unable to individually sat22 isfy the compliance needs of each employer and em23 ployee within its jurisdiction;

24 it is the purpose of this section to encourage employers

25 to conduct voluntary safety and health audits using the
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1 expertise of qualified safety and health consultants and

2 to proactively seek individualized solutions to workplace

3 safety and health concerns.

4 ‘‘(b) ESTABLISHMENT OF PROGRAM.—

5 ‘‘(1) IN GENERAL.—Not later than 18 months

6 after the date of enactment of this section, the Sec7 retary, in consultation with the advisory committee

8 established under section 7(d), shall establish and

9 implement, by regulation, a program that qualifies

10 individuals to provide consultation services to em11 ployers to assist employers in the identification and

12 correction of safety and health hazards in the work13 places of employers.

14 ‘‘(2) ELIGIBILITY.—The following individuals

15 shall be eligible to be qualified under the program

16 under paragraph (1) as certified safety and health

17 consultants:

18 ‘‘(A) An individual who is licensed by a

19 State authority as a physician, industrial hy20 gienist, professional engineer, safety engineer,

21 safety professional, or occupational nurse.

22 ‘‘(B) An individual who has been employed

23 as an inspector for a State plan State or as a

24 Federal occupational safety and health inspec25 tor for not less than a 5-year period.
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1 ‘‘(C) An individual who is qualified in an

2 occupational health or safety field by an organi3 zation whose program has been accredited by a

4 nationally recognized private accreditation orga5 nization or by the Secretary.

6 ‘‘(D) Other individuals determined to be

7 qualified by the Secretary.

8 ‘‘(3) GEOGRAPHICAL SCOPE OF CONSULTATION

9 SERVICES.—A consultant qualified under the pro10 gram under paragraph (1) may provide consultation

11 services in any State.

12 ‘‘(4) LIMITATION BASED ON EXPERTISE.—A

13 consultant qualified under the program under para14 graph (1) may only provide consultation services to

15 an employer with respect to a worksite if the work

16 performed at that worksite coincides with the par17 ticular expertise of the individual.

18 ‘‘(c) SAFETY AND HEALTH REGISTRY.—The Sec19 retary shall develop and maintain a registry that includes

20 all consultants that are qualified under the program under

21 subsection (b)(1) to provide the consultation services de22 scribed in subsection (b) and shall publish and make such

23 registry readily available to the general public.

24 ‘‘(d) DISCIPLINARY ACTIONS.—
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1 ‘‘(1) IN GENERAL.—The Secretary may revoke

2 the status of an individual qualified under subsection

3 (b) if the Secretary determines that the individual—

4 ‘‘(A) has failed to meet the requirements

5 of the program; or

6 ‘‘(B) has committed malfeasance, gross

7 negligence, or fraud in connection with any con8 sultation services provided by the qualified indi9 vidual.

10 ‘‘(e) CONSULTATION SERVICES.—

11 ‘‘(1) SCOPE OF CONSULTATION SERVICES.—The

12 consultation services described in subsection (b), and

13 provided by an individual qualified under the pro14 gram, shall include an evaluation of the workplace of

15 an employer to determine if the employer is in com16 pliance with the requirements of this Act, including

17 any regulations promulgated pursuant to this Act.

18 ‘‘(2) CONSULTATION REPORT.—Not later than

19 10 business days after an individual qualified under

20 the program provides the consultation services de21 scribed in subsection (b) to an employer, the indi22 vidual shall prepare and submit a written report to

23 the employer that includes an identification of any

24 violations of this Act and requirements with respect

25 to corrective measures the employer needs to carry
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1 out in order for the workplace of the employer to be

2 in compliance with the requirements of this Act.

3 ‘‘(3) REINSPECTION.—Not later than 30 days

4 after an individual qualified under the program sub5 mits a report to an employer under paragraph (2),

6 or on a date agreed on by the individual and the em7 ployer, the individual shall reinspect the workplace

8 of the employer to verify that any occupational safe9 ty or health violations identified in the report have

10 been corrected and the workplace of the employer is

11 in compliance with this Act. If, after such reinspec12 tion, the individual determines that the workplace is

13 in compliance with the requirements of this Act, the

14 individual shall provide the employer a declaration of

15 compliance.

16 ‘‘(4) GUIDELINES.—The Secretary, in consulta17 tion with an advisory committee established in sec18 tion 7(d), shall develop model guidelines for use in

19 evaluating a workplace under paragraph (1).

20 ‘‘(f) ACCESS TO RECORDS.—Any records relating to

21 consultation services (as described in subsection (b) pro22 vided by an individual qualified under the program shall

23 not be admissible in a court of law or administrative pro24 ceeding against the employer except that such records may
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1 be used as evidence for purposes of a disciplinary action

2 under subsection (d).

3 ‘‘(g) EXEMPTION.—

4 ‘‘(1) IN GENERAL.—If an employer enters into

5 a contract with an individual qualified under the

6 program, to provide consultation services described

7 in subsection (b), and receives a declaration of com8 pliance under subsection (e)(3), the employer shall

9 be exempt from the assessment of any civil penalty

10 under section 17 for a period of 2 years after the

11 date the employer receives the declaration.

12 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not

13 apply—

14 ‘‘(A) if the employer involved has not made

15 a good faith effort to remain in compliance as

16 required under the declaration of compliance; or

17 ‘‘(B) to the extent that there has been a

18 fundamental change in the hazards of the work19 place.

20 ‘‘(h) DEFINITION.—In this section, the term ‘pro21 gram’ means the program established by the Secretary

22 under subsection (b).

23 ‘‘(i) RIGHT TO INSPECT.—Nothing in this section

24 shall be construed to affect the rights of the Secretary to
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1 inspect and investigate worksites covered by a certificate

2 of compliance.

3 ‘‘(j) NON-FIXED WORK SITES.—With respect to em4 ployer worksites that do not have a fixed location, a certifi5 cate of compliance shall only apply to that worksite which

6 satisfies the criteria under this section and such certificate

7 shall not be portable to any other worksite. This section

8 shall not apply to service establishments that utilize essen9 tially the same work equipment at each non-fixed work10 site.’’.

11 SEC. 6. CONTINUING EDUCATION AND PROFESSIONAL CER12 TIFICATION FOR CERTAIN OCCUPATIONAL

13 SAFETY AND HEALTH ADMINISTRATION PER14 SONNEL.

15 Section 8 (29 U.S.C. 657) is amended by adding at

16 the end the following:

17 ‘‘(h) Any Federal employee responsible for enforcing

18 this Act shall (not later than 2 years after the date of

19 enactment of this subsection or 2 years after the initial

20 employment of the employee) meet the eligibility require21 ments prescribed under subsection (b)(2) of section 8A.

22 ‘‘(i) The Secretary shall ensure that any Federal em23 ployee responsible for enforcing this Act who carries out

24 inspections or investigations under this section, receive
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1 professional education and training at least every 5 years

2 as prescribed by the Secretary.’’.

3 SEC. 7. EXPANDED INSPECTION METHODS.

4 (a) PURPOSE.—It is the purpose of this section to

5 empower the Secretary of Labor to achieve increased em6 ployer compliance by using, at the Secretary’s discretion,

7 more efficient and effective means for conducting inspec8 tions.

9 (b) GENERAL.—Section 8(f) of the Act (29 U.S.C.

10 657(f) is amended by adding at the end the following:

11 ‘‘(3) The Secretary or an authorized representative

12 of the Secretary may, as a method of investigating an al13 leged violation or danger under this subsection, attempt,

14 if feasible, to contact an employer by telephone, facsimile,

15 or other appropriate methods to determine whether—

16 ‘‘(A) the employer has taken corrective actions

17 with respect to the alleged violation or danger; or

18 ‘‘(B) there are reasonable grounds to believe

19 that a hazard exists.

20 ‘‘(4) The Secretary is not required to conduct an in21 spection under this subsection if the Secretary determines

22 that a request for an inspection was made for reasons

23 other than the safety and health of the employees of an

24 employer or that the employees of an employer are not

25 at risk.’’.
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1 SEC. 8. WORKSITE-SPECIFIC COMPLIANCE METHODS.

2 (a) Section 9 (29 U.S.C. 658) is amended by adding

3 at the end the following:

4 ‘‘(d) A citation issued under subsection (a) to an em5 ployer who violates section 5, any standard, rule, or order

6 promulgated pursuant to section 6, or any other regulation

7 promulgated under this Act shall be vacated if such em8 ployer demonstrates that the employees of such employer

9 were protected by alternative methods that are equally or

10 more protective of the safety and health of the employees

11 than the methods required by such standard, rule, order,

12 or regulation in the factual circumstances underlying the

13 citation.

14 ‘‘(e) Subsection (d) shall not be construed to elimi15 nate or modify other defenses that may exist to any cita16 tion.’’.

17 SEC. 9. REDUCED PENALTIES FOR PAPERWORK VIOLA18 TIONS.

19 Section 17(i) (29 U.S.C. 666) is amended to read as

20 follows:

21 ‘‘(i) Any employer who violates any of the posting or

22 paperwork requirements, other than fraudulent reporting

23 requirement deficiencies, prescribed under this Act shall

24 not be assessed a civil penalty for such a violation unless

25 the Secretary determines that the employer has violated
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1 subsection (a) or (d) with respect to the posting or paper2 work requirements.’’.

3 SEC. 10. REVIEW BY THE COMMISSION.

4 Section 17(j) (29 U.S.C. 666) is amended to read as

5 follows:

6 ‘‘(j) The Commission shall have authority to assess

7 all civil penalties under this section. In assessing a penalty

8 under this section for a violation, the Commission shall

9 give due consideration to the appropriateness of the pen10 alty with respect to—

11 ‘‘(1) the size of an employer;

12 ‘‘(2) the number of employees exposed to the

13 violation;

14 ‘‘(3) the likely severity of any injuries directly

15 resulting from the violation;

16 ‘‘(4) the probability that the violation could re17 sult in injury or illness;

18 ‘‘(5) the good faith of an employer in correcting

19 the violation after the violation has been identified;

20 ‘‘(6) the history of previous violations by an em21 ployer; and

22 ‘‘(7) whether the violation is the sole result of

23 the failure of an employer to meet a requirement

24 under this Act, or prescribed by regulation, with re25 spect to the posting of notices, the preparation or
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1 maintenance of occupational safety and health

2 records, or the preparation, maintenance, or submis3 sion of any written information.’’.

4 SEC. 11. TECHNICAL ASSISTANCE PROGRAM.

5 (a) IN GENERAL.—Section 21(c) (29 U.S.C. 670(c))

6 is amended—

7 (1) by striking ‘‘(c) The’’ and inserting ‘‘(c)(1)

8 The’’;

9 (2) by striking ‘‘(1) provide’’ and inserting ‘‘(A)

10 provide’’;

11 (3) by striking ‘‘(2) consult’’ and inserting ‘‘(B)

12 consult’’; and

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

14 ‘‘(2)(A) The Secretary shall, through the authority

15 granted under section 7(c) and paragraph (1), enter into

16 cooperative agreements with States for the provision of

17 consultation services by such States to employers con18 cerning the provision of safe and healthful working condi19 tions.

20 ‘‘(B)(i) Except as provided in clause (ii), the Sec21 retary shall reimburse a State that enters into a coopera22 tive agreement under subparagraph (A) in an amount that

23 equals 90 percent of the costs incurred by the State for

24 the provision of consultation services under such agree25 ment.
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1 ‘‘(ii) A State shall be reimbursed by the Secretary

2 for 90 percent of the costs incurred by the State for the

3 provision of—

4 ‘‘(I) training approved by the Secretary for

5 State personnel operating under a cooperative agree6 ment; and

7 ‘‘(II) specified out-of-State travel expenses in8 curred by such personnel.

9 ‘‘(iii) A reimbursement paid to a State under this

10 subparagraph shall be limited to costs incurred by such

11 State for the provision of consultation services under this

12 paragraph and the costs described in clause (ii).

13 ‘‘(C) Notwithstanding any other provisions of law,

14 not less than 15 percent of the total amount of funds ap15 propriated for the Occupational Safety and Health Admin16 istration for a fiscal year shall be used for education, con17 sultation, and outreach efforts.

18 ‘‘(D) A State may not require that an employer pay

19 a fee in order to participate in any program operated by

20 the State under this paragraph.’’.

21 (b) PILOT PROGRAM.—Section 21 (29 U.S.C. 670)

22 is amended by adding at the end the following:

23 ‘‘(d)(1) Not later than 90 days after the date of en24 actment of this subsection, the Secretary shall establish

25 and carry out a pilot program in 3 States to provide expe-
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1 dited consultation services, with respect to the provision

2 of safe and healthful working conditions, to employers that

3 are small businesses (as the term is defined by the Admin4 istrator of the Small Business Administration). The Sec5 retary shall carry out the program for a period not to ex6 ceed 2 years.

7 ‘‘(2) The Secretary shall provide consultation services

8 under paragraph (1) not later than 4 weeks after the date

9 on which the Secretary receives a request from an em10 ployer.

11 ‘‘(3) The Secretary may impose a nominal fee to an

12 employer requesting consultation services under para13 graph (1). The fee shall be in an amount determined by

14 the Secretary. Employers paying a fee shall receive pri15 ority consultation services by the Secretary.

16 ‘‘(4) In lieu of issuing a citation under section 9 to

17 an employer for a violation found by the Secretary during

18 a consultation under paragraph (1), the Secretary shall

19 permit the employer to carry out corrective measures to

20 correct the conditions causing the violation. The Secretary

21 shall conduct not more than 2 visits to the workplace of

22 the employer to determine if the employer has carried out

23 the corrective measures. The Secretary shall issue a cita24 tion as prescribed under section 5 if, after such visits, the

25 employer has failed to carry out the corrective measures.
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1 ‘‘(5) Not later than 90 days after the termination of

2 the program under paragraph (1), the Secretary shall pre3 pare and submit a report to the appropriate committees

4 of Congress that contains an evaluation of the implemen5 tation of the pilot program.’’.

6 SEC. 12. VOLUNTARY PROTECTION PROGRAMS.

7 (a) COOPERATIVE AGREEMENTS.—The Secretary of

8 Labor shall establish cooperative agreements with employ9 ers to encourage the establishment of comprehensive safe10 ty and health management systems that include—

11 (1) requirements for systematic assessment of

12 hazards;

13 (2) comprehensive hazard prevention, mitiga14 tion, and control programs;

15 (3) active and meaningful management and em16 ployee participation in the voluntary program de17 scribed in subsection (b); and

18 (4) employee safety and health training.

19 (b) VOLUNTARY PROTECTION PROGRAM.—

20 (1) IN GENERAL.—The Secretary of Labor shall

21 establish and carry out a voluntary protection pro22 gram (consistent with subsection (a)) to encourage

23 and recognize the achievement of excellence in both

24 the technical and managerial protection of employees

25 from occupational hazards. The Secretary of Labor
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1 shall encourage small businesses (as the term is de2 fined by the Administrator of the Small Business

3 Administration) to participate in the voluntary pro4 tection program by carrying out outreach and assist5 ance initiatives and developing program require6 ments that address the needs of small businesses.

7 (2) PROGRAM REQUIREMENT.—The voluntary

8 protection program shall include the following:

9 (A) APPLICATION.—Employers who volun10 teer under the program shall be required to

11 submit an application to the Secretary of Labor

12 demonstrating that the worksite with respect to

13 which the application is made meets such re14 quirements as the Secretary of Labor may re15 quire for participation in the program.

16 (B) ONSITE EVALUATIONS.—There shall

17 be onsite evaluations by representatives of the

18 Secretary of Labor to ensure a high level of

19 protection of employees. The onsite visits shall

20 not result in enforcement of citations under the

21 Occupational Safety and Health Act of 1970

22 (29 U.S.C. 651 et seq.).

23 (C) INFORMATION.—Employers who are

24 approved by the Secretary of Labor for partici25 pation in the program shall assure the Sec-
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1 retary of Labor that information about the

2 safety and health program of the employers

3 shall be made readily available to the Secretary

4 of Labor to share with employees.

5 (D) REEVALUATIONS.—Periodic reevalua6 tions by the Secretary of Labor of the employ7 ers shall be required for continued participation

8 in the program.

9 (3) EXEMPTIONS.—A site with respect to which

10 a program has been approved shall, during partici11 pation in the program be exempt from inspections or

12 investigations and certain paperwork requirements

13 to be determined by the Secretary of Labor, except

14 that this paragraph shall not apply to inspections or

15 investigations arising from employee complaints, fa16 talities, catastrophes, or significant toxic releases.

17 (4) INCREASED SMALL BUSINESS PARTICIPA18 TION.—The Secretary of Labor shall establish and

19 implement, by regulation, a program to increase par20 ticipation by small businesses (as the term is defined

21 by the Administrator of the Small Business Admin22 istration) in the voluntary protection program

23 through outreach and assistance initiatives and de24 veloping program requirements that address the

25 needs of small businesses.
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1 SEC. 13. PREVENTION OF ALCOHOL AND SUBSTANCE

2 ABUSE.

3 The Occupational Safety and Health Act of 1970 (29

4 U.S.C. 651 et seq.) is amended—

5 (1) by striking sections 29, 30, and 31;

6 (2) by redesignating sections 32, 33, and 34 as

7 sections 30, 31, and 32, respectively; and

8 (3) by inserting after section 28 (29 U.S.C.

9 676) the following:

10 ‘‘SEC. 29. ALCOHOL AND SUBSTANCE ABUSE TESTING.

11 ‘‘(a) PROGRAM PURPOSE.—In order to secure a safe

12 workplace, employers may establish and carry out an alco13 hol and substance abuse testing program in accordance

14 with subsection (b).

15 ‘‘(b) FEDERAL GUIDELINES.—An alcohol and sub16 stance abuse testing program described in subsection (a)

17 shall meet the following requirements:

18 ‘‘(1) SUBSTANCE ABUSE.—A substance abuse

19 testing program shall permit the use of an onsite or

20 offsite urine screening or other recognized screening

21 methods, so long as the confirmation tests are per22 formed in accordance with the mandatory guidelines

23 for Federal workplace testing programs published by

24 the Secretary of Health and Human Services on

25 April 11, 1988, at section 11979 of title 53, Code

26 of Federal Regulations (including any amendments
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1 to such guidelines), in a lab that is subject to the

2 requirements of subpart B of such mandatory guide3 lines.

4 ‘‘(2) ALCOHOL.—The alcohol testing component

5 of the program shall take the form of alcohol breath

6 analysis and shall conform to any guidelines devel7 oped by the Secretary of Transportation for alcohol

8 testing of mass transit employees under the Depart9 ment of Transportation and Related Agencies Ap10 propriations Act, 1992.

11 ‘‘(c) TEST REQUIREMENTS.—This section shall not

12 be construed to prohibit an employer from requiring—

13 ‘‘(1) an applicant for employment to submit to

14 and pass an alcohol or substance abuse test before

15 employment by the employer; or

16 ‘‘(2) an employee, including managerial per17 sonnel, to submit to and pass an alcohol or sub18 stance abuse test—

19 ‘‘(A) on a for-cause basis or where the em20 ployer has reasonable suspicion to believe that

21 such employee is using or is under the influence

22 of alcohol or a controlled substance;

23 ‘‘(B) where such test is administered as

24 part of a scheduled medical examination;
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1 ‘‘(C) in the case of an accident or incident,

2 involving the actual or potential loss of human

3 life, bodily injury, or property damage;

4 ‘‘(D) during the participation of an em5 ployee in an alcohol or substance abuse treat6 ment program, and for a reasonable period of

7 time (not to exceed 5 years) after the conclu8 sion of such program; or

9 ‘‘(E) on a random selection basis in work

10 units, locations, or facilities.

11 ‘‘(d) CONSTRUCTION.—Nothing in this section shall

12 be construed to require an employer to establish an alcohol

13 and substance abuse testing program for applicants or em14 ployees or make employment decisions based on such test

15 results.

16 ‘‘(e) PREEMPTION.—The provisions of this section

17 shall preempt any provision of State law to the extent that

18 such State law is inconsistent with this section.

19 ‘‘(f) INVESTIGATIONS.—The Secretary is authorized

20 to conduct testing of employees (including managerial per21 sonnel) of an employer for use of alcohol or controlled sub22 stances during any investigations of a work-related fatality

23 or serious injury.’’.

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