I
103D CONGRESS
2D SESSION
H. R. 5266
To amend the Occupational Safety and Health Act of 1970 to assist small
business in compliance with such Act.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Mr. HAYES (for himself, Mr. DIXON, Mr. STENHOLM, Mr. SUNDQUIST, and
Mr. TAUZIN) introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To amend the Occupational Safety and Health Act of 1970
to assist small business in compliance with such Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND REFERENCE.
(A) SHORT TITLE.—This Act may be cited as the
‘‘Small Business Occupational Safety and Health Compli-
ance Incentive 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.
SEC. 2. STATE CONSULTATION PROGRAMS.
Section 23(g) (29 U.S.C. 672(g)) is amended by in-
serting ‘‘(1)’’ after ‘‘(g)’’ and by adding at the end the
following:
‘‘(2) In the case of grants to States under paragraph
(1), the Federal share shall be a percent greater than 50
but not more than 75 percent, as determined by the Sec-
retary and the State, if the State establishes programs
which demonstrate, over a period determined by the Sec-
retary and the State, that such State meets the State plan
requirements of section 18(c). A State which receives a
Federal share greater than 50 percent, shall use the addi-
tional amount received under such increased Federal share
to carry out its consultation program to enable employers
to consult with the State or the Secretary respecting their
responsibilities under the Act and to provide education
and training to employers respecting such responsibilities,
including methods of hazard identification and mitigation.
‘‘(3) The Secretary shall provide technical and other
assistance to States for the establishment and operation
of programs under which employers may consult with
State or Federal officials respecting compliance with the
applicable State or Federal occupational safety and health
requirements.’’
SEC. 3. FEES.
Any employer with less than 100 employees shall not
be subject to any fee which may be established under the
Occupational Safety and Health Act of 1970 if such em-
ployer solicits consultation services under section 23(g)(2)
of such Act and the Secretary has not found such em-
ployer to be in violation of this Act within the previous
12 months.
SEC. 4. INSPECTIONS.
(a) GENERAL RULE.—Any employer with less than
100 employees shall not be subject to an inspection under
section 8 of the Occupational Safety and Health Act of
1970 if such employer requests a consultation visit under
section 23(g)(2) of such Act and the entity providing the
consultation services under such section determines by fol-
low-up visits or other methods that such employer has in-
stituted its recommendations after such consultation.
(b) EXCEPTION.—Subsection (a) does not prevent the
Secretary from—
(1) conducting an inspection or investigation in
response to any employee complaint, issuing cita-
tions for violations found during such inspection,
and proposing penalties for violations found during
such inspection which are not corrected in a reason-
able period of time;
(2) taking any action authorized by this Act
with respect to imminent dangers; and
(3) taking any action authorized by this Act
with respect to a report of a workplace incident
which results in a fatality or hospitalization of 3 or
more employees,
SEC. 5. PENALTIES.
If an employer of less than 100 employees abates an
other than willful hazard under the Occupational Safety
and Health Act of 1970 in what is deemed a reasonable
period of time by the entity providing consultation services
under section 23(g)(2) of such Act and if during any sub-
sequent inspection of such employer it is determined that
such employer does not have any such hazard, any civil
penalty imposed on such employer for the hazard abated
shall be based on the cooperation and due diligence of such
employer in abating such hazard and shall in no event ex-
ceed $1000.
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