Michael Enzi Voluntary Protection Program Act

Subjects: Labor and Employment


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 925 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 925

  To authorize the Department of Labor's voluntary protection program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2023

   Mr. Braun (for himself, Mr. Bennet, and Mr. Young) 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.

    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 ``Michael Enzi Voluntary Protection 
Program Act''.

SEC. 2. MICHAEL ENZI 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) Michael Enzi Voluntary Protection Program Established.--
            (1) Establishment.--
                    (A) 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.
                    (B) Designation.--The voluntary protection program 
                carried out under this section shall be known as the 
                ``Michael Enzi Voluntary Protection Program'' (referred 
                to in this Act as the ``Program'').
            (2) Program requirements.--The 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 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 Program.
                    (B) Establish internal controls that ensure 
                consistent compliance by the regional offices of the 
                Occupational Safety and Health Administration with the 
                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 Program by developing specific 
                performance goals and measures for the Program.
            (4) Exemptions.--A site with respect to which a Program has 
        been approved shall, during participation in the Program, be 
        exempt from programmed inspections.
            (5) No payments required.--The Secretary of Labor shall not 
        require any form of payment for an employer to qualify or 
        participate in the 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 
Program authorized under this section. In making such transition, the 
Secretary shall ensure that--
            (1) the 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 Program authorized under this section.
    (d) Regulations and Implementation.--Not later than 2 years after 
the date of enactment of this Act, the Secretary of Labor shall issue 
final regulations for the Program authorized under this section and 
shall begin implementation of the Program.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary.
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