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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1427 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Safety Advancement 
for Employees Act of 1999'' 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 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).
    ``(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.

    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) Purpose.--Recognizing that--
            ``(1) employee safety is of paramount concern;
            ``(2) employers are overburdened by regulations and are 
        unable to read through, understand and effectively comply with 
        the voluminous requirements of this Act; and
            ``(3) the Secretary is unable to individually satisfy the 
        compliance needs of each employer and employee within its 
        jurisdiction;
it is the purpose of this section to encourage employers to conduct 
voluntary safety and health audits using the expertise of qualified 
safety and health consultants and to proactively seek individualized 
solutions to workplace safety and health concerns.
    ``(b) Establishment of Program.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Secretary, in consultation 
        with the advisory committee established under section 7(d), 
        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.--The following individuals shall be 
        eligible to be qualified under the program under paragraph (1) 
        as certified safety and health consultants:
                    ``(A) An individual who is licensed by a State 
                authority as a physician, industrial hygienist, 
                professional engineer, safety engineer, safety 
                professional, or occupational 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 who is 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) Other individuals determined to be qualified 
                by the Secretary.
            ``(3) Geographical scope of consultation services.--A 
        consultant qualified under the program under paragraph (1) may 
        provide consultation services in any State.
            ``(4) Limitation based on expertise.--A consultant 
        qualified under the program under paragraph (1) may only 
        provide consultation services to an employer with respect to a 
        worksite if the work performed at that worksite coincides with 
        the particular expertise of the individual.
    ``(c) Safety and Health Registry.--The Secretary shall develop and 
maintain a registry that includes all consultants that are qualified 
under the program under subsection (b)(1) to provide the consultation 
services described in subsection (b) and shall publish and make such 
registry readily available to the general public.
    ``(d) Disciplinary Actions.--
            ``(1) In general.--The Secretary may revoke the status of 
        an individual qualified under subsection (b) 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.
    ``(e) Consultation Services.--
            ``(1) Scope of consultation services.--The consultation 
        services described in subsection (b), 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.
            ``(2) Consultation report.--Not later than 10 business days 
        after an individual qualified under the program provides the 
        consultation services described in subsection (b) 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.
            ``(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.
            ``(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).
    ``(f) Access to Records.--Any records relating to consultation 
services (as described in subsection (b) provided by an individual 
qualified under the program 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 (d).
    ``(g) Exemption.--
            ``(1) In general.--If an employer enters into a contract 
        with an individual qualified under the program, to provide 
        consultation services described in subsection (b), and receives 
        a declaration of compliance under subsection (e)(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.
            ``(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 compliance; or
                    ``(B) to the extent that there has been a 
                fundamental change in the hazards of the workplace.
    ``(h) Definition.--In this section, the term `program' means the 
program established by the Secretary under subsection (b).
    ``(i) Right To Inspect.--Nothing in this section shall be construed 
to affect the rights of the Secretary to inspect and investigate 
worksites covered by a certificate of compliance.
    ``(j) Non-Fixed Work Sites.--With respect to employer worksites 
that do not have a fixed location, a certificate of compliance shall 
only apply to that worksite which satisfies the criteria under this 
section and such certificate shall not be portable to any other 
worksite. This section shall not apply to service establishments that 
utilize essentially the same work equipment at each non-fixed 
worksite.''.

SEC. 6. 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 (b)(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. 7. EXPANDED INSPECTION METHODS.

    (a) Purpose.--It is the purpose of this section to empower the 
Secretary of Labor to achieve increased employer compliance by using, 
at the Secretary's discretion, more efficient and effective means for 
conducting inspections.
    (b) General.--Section 8(f) of the Act (29 U.S.C. 657(f) is amended 
by adding at the end 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.''.

SEC. 8. WORKSITE-SPECIFIC COMPLIANCE METHODS.

    (a) Section 9 (29 U.S.C. 658) is amended by adding at the end the 
following:
    ``(d) 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.
    ``(e) Subsection (d) shall not be construed to eliminate or modify 
other defenses that may exist to any citation.''.

SEC. 9. REDUCED PENALTIES FOR PAPERWORK VIOLATIONS.

    Section 17(i) (29 U.S.C. 666) is amended to read as follows:
    ``(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. 10. REVIEW BY THE COMMISSION.

    Section 17(j) (29 U.S.C. 666) is amended to read as follows:
    ``(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. 11. 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.
    ``(D) A State may not require that an employer pay a fee in order 
to participate in any program operated by the State under this 
paragraph.''.
    (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. 12. 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.
            (4) Increased small business participation.--The Secretary 
        of Labor shall establish and implement, by regulation, a 
        program to increase participation by small businesses (as the 
        term is defined by the Administrator of the Small Business 
        Administration) in the voluntary protection program through 
        outreach and assistance initiatives and developing program 
        requirements that address the needs of small businesses.

SEC. 13. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.

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

``SEC. 29. 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.--An alcohol and substance abuse testing 
program described in subsection (a) shall meet the following 
requirements:
            ``(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.
            ``(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.
    ``(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 preempt any 
provision of State law to the extent that such State law is 
inconsistent with this section.
    ``(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.''.
                                 <all>
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