```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3257 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Protection Program Act''.

SEC. 2. VOLUNTARY PROTECTION PROGRAM.

    (a) Cooperative Agreements.--The Secretary of Labor shall establish 
a program of entering into 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 excellence and recognize the 
        achievement of excellence in both the technical and managerial 
        protection of employees from occupational hazards.
            (2) Program requirements.--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 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) Monitoring.--To ensure proper controls and measurement 
        of program performance for the voluntary protection program 
        under this section, the Secretary of Labor shall direct the 
        Assistant Secretary of Labor for Occupational Safety and Health 
        to take the following actions:
                    (A) Develop a documentation policy regarding 
                information on follow-up actions taken by the regional 
                offices of the Occupational Safety and Health 
                Administration in response to fatalities and serious 
                injuries at worksites participating in the voluntary 
                protection program.
                    (B) Establish internal controls that ensure 
                consistent compliance by the regional offices of the 
                Occupational Safety and Health Administration with the 
                voluntary protection program policies of the 
                Occupational Safety and Health Administration for 
                conducting onsite reviews and monitoring injury and 
                illness rates, to ensure that only qualified worksites 
                participate in the program.
                    (C) Establish a system for monitoring the 
                performance of the voluntary protection program by 
                developing specific performance goals and measures for 
                the program.
            (4) Exemptions.--A site with respect to which a voluntary 
        protection 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.
            (5) No payments required.--The Secretary of Labor shall not 
        require any form of payment for an employer to qualify or 
        participate in the voluntary protection program.
    (c) Transition.--The Secretary of Labor shall take such steps as 
may be necessary for the orderly transition from the cooperative 
agreements and voluntary protection programs carried out by the 
Occupational Safety and Health Administration as of the day before the 
date of enactment of this Act, to the cooperative agreements and 
voluntary protection program authorized under this section. In making 
such transition, the Secretary shall ensure that--
            (1) the voluntary protection program authorized under this 
        section is based upon and consistent with the voluntary 
        protection programs carried out on the day before the date of 
        enactment of this Act; and
            (2) each employer that, as of the day before the date of 
        enactment of this Act, had an active cooperative agreement 
        under the voluntary protection programs carried out by the 
        Occupational Safety and Health Administration and was in good 
        standing with respect to the duties and responsibilities under 
        such agreement, shall have the option to continue participating 
        in the voluntary protection program authorized under this 
        section.

SEC. 3. EXPANDED ACCESS TO VOLUNTARY PROTECTION PROGRAM FOR SMALL 
              BUSINESSES.

    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 established under 
section 2 through outreach and assistance initiatives and the 
development of program requirements that address the needs of small 
businesses.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2010 and each succeeding 
fiscal year.
                                 <all>
```