I
105TH CONGRESS
1ST SESSION
H. R. 2579
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
SEPTEMBER 30, 1997
Mr. TALENT (for himself, Mr. DOOLEY of California, Mrs. EMERSON, Mr.
BISHOP, Ms. PRYCE of Ohio, Mr. STENHOLM, Mrs. FOWLER, and Mr.
GOODE) introduced the following bill; which was referred to the Commit-
tee 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 Representa-
tives 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 1997’’ or the
‘‘SAFE Act’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment 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 provi-
sion 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 em-
ployers, employees, and the Secretary of Labor in
the effort to ensure safe and healthful working con-
ditions for employees.’’.
SEC. 3. EMPLOYEE AND EMPLOYER PARTICIPATION PRO-
GRAMS.
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 participa-
tion programs which exist for the sole purpose of address-
ing 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 Rela-
tions 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 COMMIT-
TEE.
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 gen-
eral public; and
‘‘(D) 1 member who is a State official from a
State plan State.