II 

111TH CONGRESS 

2D SESSION S. 3257 

To authorize the Department of Labor’s voluntary protection program and 

to expand the program to include more small businesses. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2010 

Mr. ENZI (for himself and Ms. LANDRIEU) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To authorize the Department of Labor’s voluntary protection 

program and to expand the program to include more 

small businesses. 

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. 

4 This Act may be cited as the ‘‘Voluntary Protection 

5 Program Act’’. 

6 SEC. 2. VOLUNTARY PROTECTION PROGRAM. 

7 (a) COOPERATIVE AGREEMENTS.—The Secretary of 

8 Labor shall establish a program of entering into coopera9 tive agreements with employers to encourage the establishVerDate Nov 24 2008 02:32 Apr 27, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3257.IS S3257

pwalker on DSK8KYBLC1PROD with BILLS
2 

•S 3257 IS

1 ment of comprehensive safety and health management sys2 tems that include— 

3 (1) requirements for systematic assessment of 

4 hazards; 

5 (2) comprehensive hazard prevention, mitiga6 tion, and control programs; 

7 (3) active and meaningful management and em8 ployee participation in the voluntary program de9 scribed in subsection (b); and 

10 (4) employee safety and health training. 

11 (b) VOLUNTARY PROTECTION PROGRAM.— 

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

13 establish and carry out a voluntary protection pro14 gram (consistent with subsection (a)) to encourage 

15 excellence and recognize the achievement of excel16 lence in both the technical and managerial protec17 tion of employees from occupational hazards. 

18 (2) PROGRAM REQUIREMENTS.—The voluntary 

19 protection program shall include the following: 

20 (A) APPLICATION.—Employers who volun21 teer under the program shall be required to 

22 submit an application to the Secretary of Labor 

23 demonstrating that the worksite with respect to 

24 which the application is made meets such reVerDate Nov 24 2008 02:32 Apr 27, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3257.IS S3257

pwalker on DSK8KYBLC1PROD with BILLS
3 

•S 3257 IS

1 quirements as the Secretary of Labor may re2 quire for participation in the program. 

3 (B) ONSITE EVALUATIONS.—There shall 

4 be onsite evaluations by representatives of the 

5 Secretary of Labor to ensure a high level of 

6 protection of employees. The onsite visits shall 

7 not result in enforcement of citations under the 

8 Occupational Safety and Health Act of 1970 

9 (29 U.S.C. 651 et seq.). 

10 (C) INFORMATION.—Employers who are 

11 approved by the Secretary of Labor for partici12 pation in the program shall assure the Sec13 retary of Labor that information about the 

14 safety and health program shall be made read15 ily available to the Secretary of Labor to share 

16 with employees. 

17 (D) REEVALUATIONS.—Periodic reevalua18 tions by the Secretary of Labor of the employ19 ers shall be required for continued participation 

20 in the program. 

21 (3) MONITORING.—To ensure proper controls 

22 and measurement of program performance for the 

23 voluntary protection program under this section, the 

24 Secretary of Labor shall direct the Assistant SecVerDate Nov 24 2008 02:32 Apr 27, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3257.IS S3257

pwalker on DSK8KYBLC1PROD with BILLS
4 

•S 3257 IS

1 retary of Labor for Occupational Safety and Health 

2 to take the following actions: 

3 (A) Develop a documentation policy re4 garding information on follow-up actions taken 

5 by the regional offices of the Occupational Safe6 ty and Health Administration in response to fa7 talities and serious injuries at worksites partici8 pating in the voluntary protection program. 

9 (B) Establish internal controls that ensure 

10 consistent compliance by the regional offices of 

11 the Occupational Safety and Health Adminis12 tration with the voluntary protection program 

13 policies of the Occupational Safety and Health 

14 Administration for conducting onsite reviews 

15 and monitoring injury and illness rates, to en16 sure that only qualified worksites participate in 

17 the program. 

18 (C) Establish a system for monitoring the 

19 performance of the voluntary protection pro20 gram by developing specific performance goals 

21 and measures for the program. 

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

23 a voluntary protection program has been approved 

24 shall, during participation in the program, be ex25 empt from inspections or investigations and certain 


pwalker on DSK8KYBLC1PROD with BILLS
5 

•S 3257 IS

1 paperwork requirements to be determined by the 

2 Secretary of Labor, except that this paragraph shall 

3 not apply to inspections or investigations arising 

4 from employee complaints, fatalities, catastrophes, 

5 or significant toxic releases. 

6 (5) NO PAYMENTS REQUIRED.—The Secretary 

7 of Labor shall not require any form of payment for 

8 an employer to qualify or participate in the vol9 untary protection program. 

10 (c) TRANSITION.—The Secretary of Labor shall take 

11 such steps as may be necessary for the orderly transition 

12 from the cooperative agreements and voluntary protection 

13 programs carried out by the Occupational Safety and 

14 Health Administration as of the day before the date of 

15 enactment of this Act, to the cooperative agreements and 

16 voluntary protection program authorized under this sec17 tion. In making such transition, the Secretary shall ensure 

18 that— 

19 (1) the voluntary protection program authorized 

20 under this section is based upon and consistent with 

21 the voluntary protection programs carried out on the 

22 day before the date of enactment of this Act; and 

23 (2) each employer that, as of the day before the 

24 date of enactment of this Act, had an active coopera25 tive agreement under the voluntary protection proVerDate Nov 24 2008 02:32 Apr 27, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3257.IS S3257

pwalker on DSK8KYBLC1PROD with BILLS
6 

•S 3257 IS

1 grams carried out by the Occupational Safety and 

2 Health Administration and was in good standing 

3 with respect to the duties and responsibilities under 

4 such agreement, shall have the option to continue 

5 participating in the voluntary protection program 

6 authorized under this section. 

7 SEC. 3. EXPANDED ACCESS TO VOLUNTARY PROTECTION 

8 PROGRAM FOR SMALL BUSINESSES. 

9 The Secretary of Labor shall establish and imple10 ment, by regulation, a program to increase participation 

11 by small businesses (as the term is defined by the Admin12 istrator of the Small Business Administration) in the vol13 untary protection program established under section 2 

14 through outreach and assistance initiatives and the devel15 opment of program requirements that address the needs 

16 of small businesses. 

17 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated to carry out 

19 this section such sums as may be necessary for fiscal year 

20 2010 and each succeeding fiscal year. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS