of the Act, standard, rule, regulation, or order alleged to
have been violated. Notwithstanding the issuance of a no-
tice under subsection (a), the Secretary shall not issue a
citation with respect to de minimis violations which have
no direct or immediate relationship to safety or health.
A violation of any requirement for posting, recordkeeping,
reporting, notification, or compiling or maintaining writ-
ten documents or records shall be considered a de minimis
violation unless the Secretary establishes that such viola-
tion has a direct relationship to the safety or health of
employees or reflects an intent to mislead or deceive the
Secretary or any employee.’’; and
(3) by adding at the end the following:
‘‘(e) The notice required in subsection (a) before issu-
ance of a citation shall not be required in the case of any
alleged violation causing death or serious injury to an em-
ployee or which constitutes an imminent danger to an em-
ployee.’’.
(b) CONFORMING AMENDMENTS.—Sections 10(a),
10(c), and 17(d) (29 U.S.C. 659(a), 659(c), 666(d)) are
each amended by striking ‘‘9(a)’’ each place it occurs and
inserting ‘‘9(b)’’.
SEC. 4. CONSULTATION, INCENTIVES FOR VOLUNTARY AC-
TION, AND TECHNICAL ASSISTANCE.
The Act is amended by inserting after section 8 the
following:
‘‘WORKSITE-BASED INCENTIVES
‘‘SEC. 8A. (a) The Secretary shall establish an office
to promote, administer, and coordinate the programs and
activities described in this section.
‘‘(b)(1) Except as provided in this paragraph, the
Secretary shall not conduct an inspection or investigation
of any place of employment for which certification has
been provided in accordance with paragraph (2) or (4).
Such prohibition does not apply to inspections and inves-
tigation conducted for the purpose of—
‘‘(A) determining the cause of a workplace acci-
dent which resulted in the death of one or more em-
ployees or the hospitalization of 3 or more employ-
ees,
‘‘(B) responding to an inspection request under
section 8(f), or
‘‘(C) conducting an inspection as required
under section 9(c)(1).
‘‘(2) In order to qualify for the exemption provided
under paragraph (1), an employer shall certify that the
place of employment or conditions of employment have,
during the preceding year, been reviewed under—
‘‘(A) a consultation program provided by recipi-
ents of cooperative agreements described in sub-
section (d), or
‘‘(B) a workplace review provided by any person
certified under paragraph (3).
Such review shall include a determination that any serious
hazards identified in the workplace have been corrected
and that the employer has in place an effective means of
addressing serious workplace hazards.
‘‘(3) The Secretary shall, within 6 months after the
date of the enactment of the Safety and Health Improve-
ment and Regulatory Reform Act of 1995 establish a pro-
gram for the certification of persons to conduct reviews
under this section. The certification program shall pro-
vide—
‘‘(A) that persons may be certified generally or
as to specific industries, and that the certification
may be for health, safety, or both;
‘‘(B) uniform minimum standards for certifi-
cation; and
‘‘(C) acceptance, where appropriate, of certifi-
cations made by—
‘‘(i) any generally recognized training insti-
tution if the course of study of the institution
meets the criteria that the Secretary shall pre-
scribe, or
‘‘(ii) any generally recognized certifying en-
tity.
‘‘(4) The Secretary may certify for exemption under
paragraph (1) workplaces which have significant involve-
ment of employees in their safety and health program,
which involvement includes—
‘‘(A) regular consultation between employer and
non-supervisory employees regarding safety and
health issues;
‘‘(B) assurances that participating non-super-
visory employees have training or expertise on safety
and health issues consistent with their responsibil-
ities; and
‘‘(C) opportunity for non-supervisory employees
to make recommendations regarding hazards in the
workplace and to receive responses or to implement
improvements in response to recommendations.
‘‘(c)(1) The Secretary shall establish a program to
give special recognition to worksites and companies and
other organizations which have implemented particularly
effective programs addressing occupational safety and
health in the workplace. Such recognition shall include ex-
emption from inspections except those described in sub-
section (b)(1).
‘‘(2) An organization or company may qualify for rec-
ognition under paragraph (1) only if it—
‘‘(A) applies to the Secretary in writing, for the
recognition,
‘‘(B) permits an evaluation by the Secretary of
its occupational safety and health operations, and
‘‘(C) meets such requirements and specifica-
tions as the Secretary determines to be appropriate
to achieve the objectives of this subsection.
In applying subparagraph (C) with respect to any organi-
zation or company, the Secretary shall rely upon the Sec-
retary’s evaluation of the occupational safety and health
operation of the organization or company. The evaluation
should encompass all aspects of the organization’s or com-
pany’s current occupational safety and health practice.
‘‘(3) The Secretary shall ensure that all organizations
and companies making an application under section 2(A)
receive the complete results of their evaluations as well
as detailed explanations of all suggestions for improve-
ments. The Secretary shall also provide information about
the recognitions and the successful quality improvement
programs of the recognition-winning participants to all or-
ganizations and companies.
‘‘(4) The Secretary is authorized to seek and accept
gifts, including in-kind assistance, from public and private
sources to carry out this subsection.
‘‘(d) This subsection authorizes the consultative serv-
ices to employers provided under cooperative agreements
between the States and the Occupational Safety and
Health Administration and described in part 1908 of title
29 of the Code of Federal Regulations, as in effect on the
date of the enactment of the Safety and Health Improve-
ment and Regulatory Reform Act of 1995.
‘‘(e) In addition to the other programs in this section,
the Secretary shall establish programs to provide edu-
cation, training, and technical assistance to employers and
employees to assist them in the provision of safe and
healthful workplaces and compliance with the require-
ments of this Act. The Secretary may also conduct,
through grants or contracts, education programs to pro-
vide an adequate supply of qualified personnel to carry
out the purpose of this Act.
‘‘(f) Effective in the first fiscal year that begins 3
years after the effective date of the Safety and Health Im-
provement and Regulatory Reform Act of 1995, not less
than one-half of the annual appropriation made to the
Secretary to carry out this Act shall be expended to carry
out this section.’’.