II 

108TH CONGRESS 

2D SESSION S. 2719 

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 

JULY 22, 2004 

Mr. ENZI introduced the following bill; which was read twice and referred to 

the Committee on Health, Education, Labor, and Pensions 

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 2004’’ or the 

6 ‘‘SAFE Act’’. 

7 (b) REFERENCE.—Whenever in this Act an amend8 ment or repeal is expressed in terms of an amendment 

9 to, or repeal of, a section or other provision, the reference 

10 shall be considered to be made to a section or other provi-
2 

•S 2719 IS 

1 sion of the Occupational Safety and Health Act of 1970 

2 (29 U.S.C. 651 et seq.). 

3 SEC. 2. PURPOSE. 

4 Section 2(b) of the Act (29 U.S.C. 651(b)) is amend5 ed— 

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

7 and inserting ‘‘; and’’; and 

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

9 ‘‘(14) by increasing the joint cooperation of em10 ployers, employees, and the Secretary of Labor in 

11 the effort to ensure safe and healthful working con12 ditions for employees.’’. 

13 SEC. 3. THIRD PARTY CONSULTATION SERVICES PROGRAM. 

14 (a) PROGRAM.—The Act (29 U.S.C. 651 et seq.) is 

15 amended by inserting after section 8 the following: 

16 ‘‘SEC. 8A. THIRD PARTY CONSULTATION SERVICES PRO17 GRAM. 

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

19 encourage employers to conduct voluntary safety and 

20 health audits using the expertise of qualified safety and 

21 health consultants and to proactively seek individualized 

22 solutions to workplace safety and health concerns. 

23 ‘‘(b) ESTABLISHMENT OF PROGRAM.— 

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

25 after the date of enactment of this section, the Sec-
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1 retary, in consultation with the advisory committee 

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

3 implement, by regulation, a program that qualifies 

4 individuals to provide consultation services to em5 ployers to assist employers in the identification and 

6 correction of safety and health hazards in the work7 places of employers. 

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

9 shall be eligible to be qualified under the program 

10 under paragraph (1) as certified safety and health 

11 consultants: 

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

13 State authority as a physician, industrial hy14 gienist, professional engineer, safety engineer, 

15 safety professional, or registered nurse. 

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

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

18 Federal occupational safety and health inspec19 tor for not less than a 5-year period. 

20 ‘‘(C) An individual who is qualified in an 

21 occupational health or safety field by an organi22 zation whose program has been accredited by a 

23 nationally recognized private accreditation orga24 nization or by the Secretary. 
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•S 2719 IS 

1 ‘‘(D) An individual who has not less than 

2 10 years expertise in workplace safety and 

3 health. 

4 ‘‘(E) Other individuals determined to be 

5 qualified by the Secretary. 

6 ‘‘(3) GEOGRAPHICAL SCOPE OF CONSULTATION

7 SERVICES.—A consultant qualified under the pro8 gram under paragraph (1) may provide consultation 

9 services in any State. 

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

11 consultant qualified under the program under para12 graph (1) may only provide consultation services to 

13 an employer with respect to a worksite if the work 

14 performed at that worksite coincides with the par15 ticular expertise of the individual. 

16 ‘‘(c) SAFETY AND HEALTH REGISTRY.—The Sec17 retary shall develop and maintain a registry that includes 

18 all consultants that are qualified under the program under 

19 subsection (b)(1) to provide the consultation services de20 scribed in subsection (b) and shall publish and make such 

21 registry readily available to the general public. 

22 ‘‘(d) DISCIPLINARY ACTIONS.—The Secretary may 

23 revoke the status of a consultant qualified under sub24 section (b), or the participation of an employer under sub-
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1 section (b) in the third party consultation program, if the 

2 Secretary determines that the consultant or employer— 

3 ‘‘(1) has failed to meet the requirements of the 

4 program; or 

5 ‘‘(2) has committed malfeasance, gross neg6 ligence, collusion or fraud in connection with any 

7 consultation services provided by the qualified con8 sultant. 

9 ‘‘(e) PROGRAM REQUIREMENTS.— 

10 ‘‘(1) FULL SERVICE CONSULTATION.—The con11 sultation services described in subsection (b), and 

12 provided by a consultant qualified under the pro13 gram under subsection (b)(1), shall include an eval14 uation of the workplace of an employer to determine 

15 if the employer is in compliance with the require16 ments of this Act, including any regulations promul17 gated pursuant to this Act. Employers electing to 

18 participate in such program shall contract with a 

19 consultant qualified under subsection (b)(2) to per20 form a full service visit and consultation covering the 

21 employer’s establishment, including a complete safety 

22 and health program review. Following the guidance 

23 as specified in this section, the consultant shall dis24 cuss with the employer the elements of an effective 

25 program. 
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1 ‘‘(2) CONSULTATION REPORT.— 

2 ‘‘(A) IN GENERAL.—After a consultant 

3 conducts a comprehensive survey of an em4 ployer under a program under this section, the 

5 consultant shall prepare and submit to the em6 ployer a written report that includes an action 

7 plan identifying any violations of this Act, and 

8 any appropriate corrective measures to address 

9 the violations that are identified using an effec10 tive safety and health program. 

11 ‘‘(B) ELEMENTS.—A consultation report 

12 shall contain each of the following elements. 

13 ‘‘(i) ACTION PLAN.— 

14 ‘‘(I) IN GENERAL.—An action 

15 plan under subparagraph (A) shall be 

16 developed in consultation with the em17 ployer as part of the initial com18 prehensive survey. The consultant and 

19 the employer shall jointly use the on20 site time in the initial visit to the em21 ployer’s place of business to agree on 

22 the terms of the action plan and the 

23 time frames for achieving specific 

24 items. 
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•S 2719 IS 

1 ‘‘(II) REQUIREMENTS.—The ac2 tion plan shall outline the specific 

3 steps that must be accomplished by 

4 the employer prior to receiving a cer5 tificate of compliance. The action plan 

6 shall address in detail— 

7 ‘‘(aa) the employer’s correc8 tion of all identified safety and 

9 health hazards, with applicable 

10 time frames; 

11 ‘‘(bb) the steps necessary for 

12 the employer to implement an ef13 fective safety and health pro14 gram, with applicable time 

15 frames; and 

16 ‘‘(cc) a statement of the em17 ployer’s commitment to work 

18 with the consultation project to 

19 achieve a certificate of compli20 ance. 

21 ‘‘(ii) SAFETY AND HEALTH PRO22 GRAM.—An employer electing to partici23 pate in a program under this section shall 

24 establish a safety and health program to 

25 manage workplace safety and health to re-
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1 duce injuries, illnesses and fatalities that 

2 complies with paragraph (3). Such safety 

3 and health program shall be appropriate to 

4 the conditions of the workplace involved. 

5 ‘‘(3) REQUIREMENTS FOR SAFETY AND HEALTH

6 PROGRAM.— 

7 ‘‘(A) WRITTEN PROGRAM.—An employer 

8 electing to participate shall maintain a written 

9 safety and health program that contains poli10 cies, procedures, and practices to recognize and 

11 protect their employees from occupational safe12 ty and health hazards. Such procedures shall 

13 include provisions for the identification, evalua14 tion and prevention or control of workplace haz15 ards. 

16 ‘‘(B) MAJOR ELEMENTS.—A safety and 

17 health program shall include the following ele18 ments, and may include other elements as nec19 essary to the specific worksite involved and as 

20 determined appropriate by the qualified consult21 ant and employer: 

22 ‘‘(i) EMPLOYER COMMITMENT AND

23 EMPLOYEE INVOLVEMENT.— 

24 ‘‘(I) IN GENERAL.—The existence 

25 of both management leadership and 
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1 employee participation must be dem2 onstrated in accordance with sub3 clauses (II) and (III). 

4 ‘‘(II) MANAGEMENT LEADER5 SHIP.—To make a demonstration of 

6 management leadership under this 

7 subclause, the employer shall— 

8 ‘‘(aa) set a clear worksite 

9 safety and health policy that em10 ployees can fully understand; 

11 ‘‘(bb) set and communicate 

12 clear goals and objectives with 

13 the involvement of employees; 

14 ‘‘(cc) provide essential safety 

15 and health leadership in tangible 

16 and recognizable ways; 

17 ‘‘(dd) set positive safety and 

18 health examples; and 

19 ‘‘(ee) perform comprehensive 

20 reviews of safety and health pro21 grams for quality assurance 

22 using a process which promotes 

23 continuous correction. 

24 ‘‘(III) EMPLOYEE PARTICIPA25 TION.—With respect to employee par-
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1 ticipation, the employer shall dem2 onstrate a commitment to working to 

3 develop a comprehensive, written and 

4 operational safety and health program 

5 that involves employees in significant 

6 ways that affect safety and health. In 

7 making such a demonstration, the em8 ployer shall— 

9 ‘‘(aa) provide for employee 

10 participation in actively identi11 fying and resolving safety and 

12 health issues in tangible ways 

13 that employees can clearly under14 stand; 

15 ‘‘(bb) assign safety and 

16 health responsibilities in such a 

17 way that employees can under18 stand clearly what is expected of 

19 them; 

20 ‘‘(cc) provide employees with 

21 the necessary authority and re22 sources to meet their safety and 

23 health responsibilities; and 

24 ‘‘(dd) provide that safety 

25 and health performance for man-
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1 agers, supervisors and employees 

2 be measured in tangible ways. 

3 ‘‘(ii) WORKPLACE ANALYSIS.—The 

4 employer, in consultation with the consult5 ant, shall systematically identify and assess 

6 hazards in the following ways: 

7 ‘‘(I) Conduct corrective action 

8 and regular expert surveys to update 

9 hazard inventories. 

10 ‘‘(II) Have competent personnel 

11 review every planned or new facility, 

12 process material, or equipment. 

13 ‘‘(III) Train all employees and 

14 supervisors, conduct routine joint in15 spections, and correct items identified. 

16 ‘‘(IV) Establish a way for em17 ployees to report hazards and provide 

18 prompt responses to such reports. 

19 ‘‘(V) Investigate worksite acci20 dents and near accidents. 

21 ‘‘(VI) Provide employees with the 

22 necessary information regarding inci23 dent trends, causes and means of pre24 vention. 
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1 ‘‘(iii) HAZARD PREVENTION.—The 

2 employer, in consultation with the consult3 ant, shall— 

4 ‘‘(I) engage in timely hazard con5 trol, working to ensure that hazard 

6 controls are fully in place and commu7 nicated to employees, with emphasis 

8 on engineering controls and enforcing 

9 safe work procedures; 

10 ‘‘(II) maintain equipment using 

11 operators who are trained to recognize 

12 maintenance needs and perform or di13 rect timely maintenance; 

14 ‘‘(III) provide training on emer15 gency planning and preparation, 

16 working to ensure that all personnel 

17 know immediately how to respond as 

18 a result of effective planning, training, 

19 and drills; 

20 ‘‘(IV) equip facilities for emer21 gencies with all systems and equip22 ment in place and regularly tested so 

23 that all employees know how to com24 municate during emergencies and how 

25 to use equipment; and 
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•S 2719 IS 

1 ‘‘(V) provide for emergency med2 ical situations using employees who 

3 are fully trained in emergency medi4 cine. 

5 ‘‘(iv) SAFETY AND HEALTH TRAIN6 ING.—The employer, in consultation with 

7 the consultant, shall— 

8 ‘‘(I) involve employees in hazard 

9 assessment, development and delivery 

10 of training; 

11 ‘‘(II) actively involve supervisors 

12 in worksite analysis by empowering 

13 them to ensure physical protections, 

14 reinforce training, enforce discipline, 

15 and explain work procedures; and 

16 ‘‘(III) provide training in safety 

17 and health management to managers. 

18 ‘‘(4) REINSPECTION.—At a time agreed to by 

19 the employer and the consultant, the consultant may 

20 reinspect the workplace of the employer to verify 

21 that the required elements in the consultation report 

22 have been satisfied. If such requirements have been 

23 satisfied, the employer shall be provided with a cer24 tificate of compliance for that workplace by the 

25 qualified consultant. 
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•S 2719 IS 

1 ‘‘(f) EXEMPTION FROM CIVIL PENALTIES FOR COM2 PLIANCE.— 

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

4 a contract with an individual qualified under the 

5 program under this section, to provide consultation 

6 services described in subsection (b), and receives a 

7 certificate of compliance under subsection (e)(4), the 

8 employer shall be exempt from the assessment of 

9 any civil penalty under section 17 for a period of 1 

10 year after the date on which the employer receives 

11 such certificate. 

12 ‘‘(2) EXCEPTIONS.—An employer shall not be 

13 exempt under paragraph (1)— 

14 ‘‘(A) if the employer has not made a good 

15 faith effort to remain in compliance as required 

16 under the certificate of compliance; or 

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

18 fundamental change in the hazards of the work19 place. 

20 ‘‘(g) RIGHT TO INSPECT.—Nothing in this section 

21 shall be construed to affect the rights of the Secretary to 

22 inspect and investigate worksites covered by a certificate 

23 of compliance. 

24 ‘‘(h) RENEWAL REQUIREMENTS.—An employer that 

25 is granted a certificate of compliance under this section 
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•S 2719 IS 

1 may receive a 1 year renewal of the certificate if the fol2 lowing elements are satisfied: 

3 ‘‘(1) A qualified consultant shall conduct a com4 plete onsite safety and health survey to ensure that 

5 the safety and health program has been effectively 

6 maintained or improved, workplace hazards are 

7 under control, and elements of the safety and health 

8 program are operating effectively. 

9 ‘‘(2) The consultant, in an onsite visit by the 

10 consultant, has determined that the program re11 quirements have been complied with and the health 

12 and safety program has been operating effectively. 

13 ‘‘(i) NON-FIXED WORKSITES.—With respect to em14 ployer worksites that do not have a fixed location, a certifi15 cate of compliance shall only apply to that worksite which 

16 satisfies the criteria under this section and such certificate 

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

18 shall not apply to service establishments that utilize essen19 tially the same work equipment at each non-fixed work20 site.’’. 

21 SEC. 4. ESTABLISHMENT OF SPECIAL ADVISORY COM22 MITTEE. 

23 Section 7 of the Act (29 U.S.C. 656) is amended by 

24 adding at the end the following: 
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•S 2719 IS 

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

2 enactment of this subsection, the Secretary shall establish 

3 an advisory committee (pursuant to the Federal Advisory 

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

5 described in paragraph (3). 

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

7 ‘‘(A) 3 members who are employees; 

8 ‘‘(B) 3 members who are employers; 

9 ‘‘(C) 2 members who are members of the gen10 eral public; and 

11 ‘‘(D) 1 member who is a State official from a 

12 State plan State. 

13 Each member of the advisory committee shall have exper14 tise in workplace safety and health as demonstrated by 

15 the educational background of the member. 

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

17 recommendations to the Secretary with respect to the es18 tablishment and implementation of a consultation services 

19 program under section 8A.’’. 

20 SEC. 5. CONTINUING EDUCATION AND PROFESSIONAL CER21 TIFICATION FOR CERTAIN OCCUPATIONAL 

22 SAFETY AND HEALTH ADMINISTRATION PER23 SONNEL. 

24 Section 8 of the Act (29 U.S.C. 657) is amended by 

25 adding at the end the following: 
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•S 2719 IS 

1 ‘‘(i) Any Federal employee responsible for enforcing 

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

3 enactment of this subsection or 2 years after the initial 

4 employment of the employee involved, meet the eligibility 

5 requirements prescribed under subsection (b)(2) of section 

6 8A. 

7 ‘‘(j) The Secretary shall ensure that any Federal em8 ployee responsible for enforcing this Act who carries out 

9 inspections or investigations under this section, receive 

10 professional education and training at least every 5 years 

11 as prescribed by the Secretary.’’. 

12 SEC. 6. EXPANDED INSPECTION METHODS. 

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

14 empower the Secretary of Labor to achieve increased em15 ployer compliance by using, at the Secretary’s discretion, 

16 more efficient and effective means for conducting inspec17 tions. 

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

19 657(f) is amended— 

20 (1) by adding at the end the following: 

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

22 of the Secretary may, as a method of investigating an al23 leged violation or danger under this subsection, attempt, 

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

25 or other appropriate methods to determine whether— 
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•S 2719 IS 

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

2 with respect to the alleged violation or danger; or 

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

4 that a hazard exists. 

5 ‘‘(4) The Secretary is not required to conduct an in6 spection under this subsection if the Secretary determines 

7 that a request for an inspection was made for reasons 

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

9 employer or that the employees of an employer are not 

10 at risk.’’. 

11 SEC. 7. WORKSITE-SPECIFIC COMPLIANCE METHODS. 

12 Section 9 of the Act (29 U.S.C. 658) is amended by 

13 adding at the end the following: 

14 ‘‘(d) A citation issued under subsection (a) to an em15 ployer who violates section 5, any standard, rule, or order 

16 promulgated pursuant to section 6, or any other regulation 

17 promulgated under this Act shall be vacated if such em18 ployer demonstrates that the employees of such employer 

19 were protected by alternative methods that are equally or 

20 more protective of the safety and health of the employees 

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

22 or regulation in the factual circumstances underlying the 

23 citation. 
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•S 2719 IS 

1 ‘‘(e) Subsection (d) shall not be construed to elimi2 nate or modify other defenses that may exist to any cita3 tion.’’. 

4 SEC. 8. TECHNICAL ASSISTANCE PROGRAM. 

5 (a) IN GENERAL.—Section 21(c) of the Act (29 

6 U.S.C. 670(c)) 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 (b) PILOT PROGRAM.—Section 21 of the Act (29 

14 U.S.C. 670) is amended by adding at the end the fol15 lowing: 

16 ‘‘(e)(1) Not later than 90 days after the date of en17 actment of this subsection, the Secretary shall establish 

18 and carry out a pilot program in 3 States to provide expe19 dited consultation services, with respect to the provision 

20 of safe and healthful working conditions, to employers that 

21 are small businesses (as the term is defined by the Admin22 istrator of the Small Business Administration). The Sec23 retary shall carry out the program for a period of not to 

24 exceed 2 years. 
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1 ‘‘(2) The Secretary shall provide consultation services 

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

3 on which the Secretary receives a request from an em4 ployer. 

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

6 employer requesting consultation services under para7 graph (1). The fee shall be in an amount determined by 

8 the Secretary. Employers paying a fee shall receive pri9 ority consultation services by the Secretary. 

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

11 an employer for a violation found by the Secretary during 

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

13 permit the employer to carry out corrective measures to 

14 correct the conditions causing the violation. The Secretary 

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

16 the employer to determine if the employer has carried out 

17 the corrective measures. The Secretary shall issue a cita18 tion as prescribed under section 5 if, after such visits, the 

19 employer has failed to carry out the corrective measures. 

20 ‘‘(5) Not later than 90 days after the termination of 

21 the program under paragraph (1), the Secretary shall pre22 pare and submit a report to the appropriate committees 

23 of Congress that contains an evaluation of the implemen24 tation of the pilot program.’’. 
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1 SEC. 9. VOLUNTARY PROTECTION PROGRAMS. 

2 (a) COOPERATIVE AGREEMENTS.—The Secretary of 

3 Labor shall establish cooperative agreements with employ4 ers to encourage the establishment of comprehensive safe5 ty and health management systems that include— 

6 (1) requirements for systematic assessment of 

7 hazards; 

8 (2) comprehensive hazard prevention, mitiga9 tion, and control programs; 

10 (3) active and meaningful management and em11 ployee participation in the voluntary program de12 scribed in subsection (b); and 

13 (4) employee safety and health training. 

14 (b) VOLUNTARY PROTECTION PROGRAM.— 

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

16 establish and carry out a voluntary protection pro17 gram (consistent with subsection (a)) to encourage 

18 excellence and recognize the achievement of excel19 lence in both the technical and managerial protec20 tion of employees from occupational hazards. 

21 (2) PROGRAM REQUIREMENT.—The voluntary 

22 protection program shall include the following: 

23 (A) APPLICATION.—Employers who volun24 teer under the program shall be required to 

25 submit an application to the Secretary of Labor 

26 demonstrating that the worksite with respect to 
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1 which the application is made meets such re2 quirements as the Secretary of Labor may re3 quire for participation in the program. 

4 (B) ONSITE EVALUATIONS.—There shall 

5 be onsite evaluations by representatives of the 

6 Secretary of Labor to ensure a high level of 

7 protection of employees. The onsite visits shall 

8 not result in enforcement of citations under the 

9 Occupational Safety and Health Act of 1970 

10 (29 U.S.C. 651 et seq.). 

11 (C) INFORMATION.—Employers who are 

12 approved by the Secretary of Labor for partici13 pation in the program shall assure the Sec14 retary of Labor that information about the 

15 safety and health program of the employers 

16 shall be made readily available to the Secretary 

17 of Labor to share with employees. 

18 (D) REEVALUATIONS.—Periodic reevalua19 tions by the Secretary of Labor of the employ20 ers shall be required for continued participation 

21 in the program. 

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

23 a program has been approved shall, during partici24 pation in the program be exempt from inspections or 

25 investigations and certain paperwork requirements 
24 

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1 to be determined by the Secretary of Labor, except 

2 that this paragraph shall not apply to inspections or 

3 investigations arising from employee complaints, fa4 talities, catastrophes, or significant toxic releases. 

5 (4) INCREASED SMALL BUSINESS PARTICIPA6 TION.—The Secretary of Labor shall establish and 

7 implement, by regulation, a program to increase par8 ticipation by small businesses (as the term is defined 

9 by the Administrator of the Small Business Admin10 istration) in the voluntary protection program 

11 through outreach and assistance initiatives and de12 veloping program requirements that address the 

13 needs of small businesses. 

14 SEC. 10. PREVENTION OF ALCOHOL AND SUBSTANCE 

15 ABUSE. 

16 The Act (29 U.S.C. 651 et seq.) is amended by add17 ing at the end the following: 

18 ‘‘SEC. 34. ALCOHOL AND SUBSTANCE ABUSE TESTING. 

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

20 workplace, employers may establish and carry out an alco21 hol and substance abuse testing program in accordance 

22 with subsection (b). 

23 ‘‘(b) FEDERAL GUIDELINES.— 
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1 ‘‘(1) REQUIREMENTS.—An alcohol and sub2 stance abuse testing program described in subsection 

3 (a) shall meet the following requirements: 

4 ‘‘(A) SUBSTANCE ABUSE.—A substance 

5 abuse testing program shall permit the use of 

6 an onsite or offsite testing. 

7 ‘‘(B) ALCOHOL.—The alcohol testing com8 ponent of the program shall take the form of al9 cohol breath analysis and shall conform to any 

10 guidelines developed by the Secretary of Trans11 portation for alcohol testing of mass transit em12 ployees under the Department of Transpor13 tation and Related Agencies Appropriations 

14 Act, 1992. 

15 ‘‘(2) DEFINITION.—For purposes of this section 

16 the term ‘alcohol and substance abuse testing pro17 gram’ means any program under which test proce18 dures are used to take an analyze blood, breath, 

19 hair, urine, saliva, or other body fluids or materials 

20 for the purpose of detecting the presence or absence 

21 of alcohol or a drug or its metabolites. In the case 

22 of urine testing, the confirmation tests must be per23 formed in accordance with the mandatory guidelines 

24 for Federal workplace testing programs published by 

25 the Secretary of Health and Human Services on April 
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1 11, 1988, at section 11979 of title 53, Code of Fed2 eral Regulations (including any amendments to such 

3 guidelines). Proper laboratory protocols and proce4 dures shall be used to assure accuracy and fairness 

5 and laboratories must be subject to the requirements 

6 of subpart B of the mandatory guidelines, State cer7 tification, the Clinical Laboratory Improvements Act 

8 of the College of American Pathologists. 

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

10 be construed to prohibit an employer from requiring— 

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

12 and pass an alcohol or substance abuse test before 

13 employment by the employer; or 

14 ‘‘(2) an employee, including managerial per15 sonnel, to submit to and pass an alcohol or sub16 stance abuse test— 

17 ‘‘(A) on a for-cause basis or where the em18 ployer has reasonable suspicion to believe that 

19 such employee is using or is under the influence 

20 of alcohol or a controlled substance; 

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

22 part of a scheduled medical examination; 

23 ‘‘(C) in the case of an accident or incident, 

24 involving the actual or potential loss of human 

25 life, bodily injury, or property damage; 
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1 ‘‘(D) during the participation of an em2 ployee in an alcohol or substance abuse treat3 ment program, and for a reasonable period of 

4 time (not to exceed 5 years) after the conclu5 sion of such program; or 

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

7 units, locations, or facilities. 

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

9 be construed to require an employer to establish an alcohol 

10 and substance abuse testing program for applicants or em11 ployees or make employment decisions based on such test 

12 results. 

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

14 shall not preempt any provision of State law to the extent 

15 that such State law is inconsistent with this section. 

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

17 to conduct testing of employees (including managerial per18 sonnel) of an employer for use of alcohol or controlled sub19 stances during any investigations of a work-related fatality 

20 or serious injury.’’. 

21 SEC. 11. DISCRETIONARY COMPLIANCE ASSISTANCE. 

22 Subsection (a) of section 9 of the Act (29 U.S.C. 

23 658(a)) is amended to read as follows: 

24 ‘‘(a)(1) Nothing in this Act shall be construed as pro25 hibiting the Secretary or the authorized representative of 
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1 the Secretary from providing technical or compliance as2 sistance to an employer in correcting a violation discovered 

3 during an inspection or investigation under this Act with4 out issuing a citation. 

5 ‘‘(2) Except as provided in paragraph (3), if, upon 

6 an inspection or investigation, the Secretary or an author7 ized representative of the Secretary believes that an em8 ployer has violated a requirement of section 5, of any regu9 lation, rule, or order promulgated pursuant to section 6, 

10 or of any regulations prescribed pursuant to this Act, the 

11 Secretary may with reasonable promptness issue a citation 

12 to the employer. Each citation shall be in writing and shall 

13 describe with particularity the nature of a violation, in14 cluding a reference to the provision of the Act, regulation, 

15 rule, or order alleged to have been violated. The citation 

16 shall fix a reasonable time for the abatement of the viola17 tion. 

18 ‘‘(3) The Secretary or the authorized representative 

19 of the Secretary— 

20 ‘‘(A) may issue a warning in lieu of a citation 

21 with respect to a violation that has no significant re22 lationship to employee safety or health; and 

23 ‘‘(B) may issue a warning in lieu of a citation 

24 in cases in which an employer in good faith acts 
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1 promptly to abate a violation if the violation is not 

2 a willful or repeated violation.’’. 

3 SEC. 12. HAZARD COMMUNICATION. 

4 (a) MODEL MATERIAL SAFETY DATA SHEETS.— 

5 (1) PURPOSE.—It is the purpose of this section 

6 to assist chemical manufactures and importers in 

7 preparing material safety data sheets pursuant to 

8 the requirements of the Hazard Communication 

9 standard published at section 1910.1200 of title 29, 

10 Code of Federal Regulations, and to improve the ac11 curacy, consistency, and comprehensibility of such 

12 material safety data sheets. 

13 (2) MODEL MATERIAL SAFETY DATA SHEETS

14 FOR HIGHLY HAZARDOUS CHEMICALS.—The Sec15 retary of Labor shall develop model material safety 

16 data sheets for the list of highly hazardous chemi17 cals contained in Appendix A to the Process Safety 

18 Management of Highly Hazardous Chemicals stand19 ard published at section 1910.119 of title 29, Code 

20 of Federal Regulations. Such model material safety 

21 data sheets shall— 

22 (A) comply with the requirements of the 

23 Hazard Communication standard published at 

24 section 1910.100 of such title 29; 
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1 (B) be presented in a consistent format 

2 that enhances the reliability and comprehen3 sibility of information about chemical hazards 

4 in the workplace and protective measures; and 

5 (C) be made available to the public, includ6 ing through posting on the Occupational Safety 

7 and Health Administration’s website, within 18 

8 months after the date of enactment of this Act. 

9 (3) CONSTRUCTION.—Nothing in this sub10 section shall be construed to— 

11 (A) modify or amend the Hazard Commu12 nication standard published at section 

13 1910.1200 of title 29, Code of Federal Regula14 tions, the Process Safety Management of High15 ly Hazardous Chemicals standard published at 

16 section 1910.119 of such title 29, or any other 

17 provision of law; and 

18 (B) authorize the Secretary of Labor to in19 clude in the model material safety data sheet 

20 developed under this subsection any suggestion 

21 or recommendation as to permissible or appro22 priate workplace exposure levels for these 

23 chemicals. 

24 (4) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated to the De-
31 

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1 partment of Labor such sums as may be necessary 

2 to carry out this subsection. 

3 (b) GLOBALLY HARMONIZED SYSTEM COMMIS4 SION.— 

5 (1) ESTABLISHMENT.—Not later than 6 

6 months after the date of enactment of this Act, 

7 there shall be established a commission, to be known 

8 as the Global Harmonization Commission (referred 

9 to in this subsection as the ‘‘Commission’’), to con10 sider the implementation of the United Nations 

11 Globally Harmonized System of Classification and 

12 Labeling of Chemicals to improve chemical hazard 

13 communication and to make recommendations to 

14 Congress. 

15 (2) MEMBERSHIP.—The Commission shall be 

16 composed of 13 members of whom— 

17 (A) 1 shall be the Secretary of Labor; 

18 (B) 1 shall be the Secretary of Transpor19 tation; 

20 (C) 1 shall be the Secretary of Health and 

21 Human Services; 

22 (D) 1 shall be the Administrator of the 

23 Environmental Protection Agency; 

24 (E) 1 shall be the Chairman of the Con25 sumer Product Safety Commission; and 
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1 (F) 8 shall be appointed by the Secretary 

2 of Labor, of whom— 

3 (i) 2 shall be representatives of manu4 facturers of hazardous chemicals, including 

5 a representative of small businesses; 

6 (ii) 2 shall be representatives of em7 ployers who are extensive users of haz8 ardous chemicals supplied by others, in9 cluding a representative of small busi10 nesses; 

11 (iii) 2 shall be representatives of labor 

12 organizations; and 

13 (iv) 2 shall be occupational safety and 

14 health professionals with expertise in 

15 chemical hazard communications. 

16 (3) CHAIR AND VICE-CHAIR.—The members of 

17 the Commission shall select a chair and vice-chair 

18 from among its members. 

19 (4) DUTIES.— 

20 (A) STUDY AND RECOMMENDATIONS.— 

21 The Commission shall conduct a thorough study 

22 of, and shall develop recommendations on, the 

23 following issues relating to the global harmoni24 zation of hazardous chemical communication: 
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1 (i) Whether the United States should 

2 adopt any or all of the elements of the 

3 United Nation’s Globally Harmonized Sys4 tem of Classification and Labeling of 

5 Chemicals (referred to in this subsection 

6 and the ‘‘Globally Harmonized System’’). 

7 (ii) How the Globally Harmonized 

8 System should be implemented by the Fed9 eral agencies with relevant jurisdiction, 

10 taking into consideration the role of the 

11 States acting under delegated authority. 

12 (iii) How the Globally Harmonized 

13 System compares to existing chemical haz14 ard communication laws and regulations, 

15 including the Hazard Communication 

16 standard published at section 1910.1200 of 

17 title 29, Code of Federal Regulations. 

18 (iv) A consideration of the impact of 

19 adopting the Globally Harmonized System 

20 on the consistency, effectiveness, com21 prehensiveness, timing, accuracy, and com22 prehensibility of chemical hazard commu23 nication in the United States. 

24 (v) A consideration of the impact of 

25 adopting the Globally Harmonized System 
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1 on occupational safety and health in the 

2 United States. 

3 (vi) A consideration of the impact of 

4 adopting the Globally Harmonized System 

5 on tort, insurance, and workers compensa6 tion laws in the United States. 

7 (vii) A consideration of the impact of 

8 adopting the Globally Harmonized System 

9 on the ability to bring new products to the 

10 market in the United States. 

11 (viii) A consideration of the cost and 

12 benefits of adopting the Globally Har13 monized System to businesses, including 

14 small businesses, in the United States. 

15 (ix) Effective compliance assistance, 

16 training, and outreach to help chemical 

17 manufacturers, importers, and users, par18 ticularly small businesses, understand and 

19 comply with the Globally Harmonized Sys20 tem. 

21 (B) REPORT.—Not later than 18 months 

22 after the date of enactment of this Act, the 

23 Commission shall submit to the appropriate 

24 committees of Congress a report containing a 

25 detailed statement of the findings and conclu-
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1 sions of the Commission, together with its rec2 ommendations for such legislation as the Com3 mission considers appropriate. 

4 (5) POWERS.— 

5 (A) HEARINGS.—The Commission may 

6 hold such hearings, sit and act at such times 

7 and places, take such testimony, and receive 

8 such evidence as the Commission considers ad9 visable to carry out this section. The Commis10 sion shall, to the maximum extent possible, use 

11 existing data and research to carry out this sec12 tion. 

13 (B) INFORMATION FROM FEDERAL AGEN14 CIES.—The Commission may secure directly 

15 from any Federal department or agency such 

16 information as the Commission considers nec17 essary to carry out this section. Upon request 

18 by the Commission, the head of such depart19 ment or agency shall promptly furnish such in20 formation to the Commission. 

21 (C) POSTAL SERVICES.—The Commission 

22 may use the United States mails in the same 

23 manner and under the same conditions as other 

24 departments and agencies of the Federal Gov25 ernment. 
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1 (6) PERSONNEL MATTERS.— 

2 (A) COMPENSATION; TRAVEL EXPENSES.— 

3 Each member of the Commission shall serve 

4 without compensation but shall be allowed trav5 el expenses, including per diem in lieu of sub6 sistence, at rates authorized for employees of 

7 agencies under subchapter I of chapter 57 of 

8 title 5, United States Code, while away from 

9 their homes or regular places of business in the 

10 performance of services for the Commission. 

11 (B) STAFF AND EQUIPMENT.—The De12 partment of the Labor shall provide all finan13 cial, administrative, and staffing requirements 

14 for the Commission including— 

15 (i) office space; 

16 (ii) furnishings; and 

17 (iii) equipment. 

18 (7) TERMINATION.—The Commission shall ter19 minate on the date that is 90 days after the date on 

20 which the Commission submits the report required 

21 under paragraph (3)(B). 

22 (8) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to the De24 partment of Labor, such sums as may be necessary 

25 to carry out this subsection. 
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1 (c) HAZARD COMMUNICATION DEMONSTRATION

2 PROJECTS.— 

3 (1) IN GENERAL.—Section 20(a) of the Act (29 

4 U.S.C. 670(a)) is amended by adding at the end the 

5 following: 

6 ‘‘(8) Subject to the availability of appropriations, the 

7 Secretary of Health and Human Services, after consulta8 tion with the Secretary, shall award grants to one or more 

9 qualified applicants in order to carry out a demonstration 

10 project to development, implement, or evaluate strategies 

11 or programs to improve chemical hazard communication 

12 in the workplace through the use of technology, which may 

13 include electronic or Internet-based hazard communication 

14 systems.’’. 

15 (2) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated such sums 

17 as may be necessary to carry out the amendment 

18 made by paragraph (1). 

19 SEC. 13. CRIMINAL PENALTIES. 

20 Subsection (e) of section 17 of the Act (29 U.S.C. 

21 666(e)) is amended— 

22 (1) by striking ‘‘fine of not more than $10,000’’ 

23 and inserting ‘‘fine in accordance with section 3571 

24 of title 18, United States Code’’; 
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1 (2) by striking ‘‘six months’’ and inserting ‘‘18 

2 months’’; 

3 (3) by striking ‘‘fine of not more than $20,000’’ 

4 and inserting ‘‘fine in accordance with section 3571 

5 of title 18, United States Code’’; and 

6 (4) by striking ‘‘1 year’’ and inserting ‘‘3 

7 years’’. 

Æ