IB
Union Calendar No. 419
105TH CONGRESS
2D SESSION
H. R. 2869
[Report No. 105–731]
To amend the Occupational Safety and Health Act of 1970 to exempt safety
and health assessments, audits, and reviews conducted by or for an
employer from enforcement action under such Act.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 7, 1997
Mr. BALLENGER (for himself, Mr. HALL of Texas, Mr. STENHOLM, Mr. NOR-
WOOD, Mr. BARRETT of Nebraska, Mr. PAUL, Mr. DELAY, Mr. BOB
SCHAFFER of Colorado, Mr. HOEKSTRA, Mr. GRAHAM, Mr. ISTOOK, Mr.
FAWELL, Mr. GREENWOOD, and Mr. BOEHNER) introduced the following
bill; which was referred to the Committee on Education and the Work-
force
SEPTEMBER 18, 1998
Additional sponsors: Mr. GOODLING, Mr. PETERSON of Pennsylvania, Mr.
HAYWORTH, Mr. HEFLEY, Mr. DEAL of Georgia, Mr. DOOLITTLE, Mr.
WICKER, Mr. BONILLA, Mr. PETRI, Mr. PICKERING, Mr. MCINTOSH, Mr.
KNOLLENBERG, and Mr. SCARBOROUGH
SEPTEMBER 18, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend the Occupational Safety and Health Act of 1970
to exempt safety and health assessments, audits, and
reviews conducted by or for an employer from enforce-
ment action under such Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION
1.
EMPLOYER
SAFETY
AND
HEALTH
ASSESS-
MENTS, AUDITS, AND REVIEWS.
Section 8(b) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 657(b)) is amended by adding at
the end the following: ‘‘Records, reports, or other informa-
tion prepared in connection with safety and health assess-
ments, audits, or reviews conducted by or for the em-
ployer, except to the extent such assessments are pre-
scribed under section 6(b)(7), shall not be required to be
disclosed in any inspection, investigation, or enforcement
proceeding pursuant to this Act.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Self-Audit Promotion
Act of 1998’’.
SEC. 2. EMPLOYER SAFETY AND HEALTH ASSESSMENTS, AU-
DITS, AND REVIEWS.
Section 8(b) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 657(b)) is amended by adding ‘‘(1)’’
before ‘‘In making’’ and by adding at the end the following:
‘‘Records, reports, or other information obtained or pre-
pared in connection with safety and health assessments, au-
dits, or reviews conducted by or for the employer shall not
be required to be disclosed in any inspection, investigation,
or enforcement proceeding pursuant to this Act, except as
provided in paragraph (2). Such records, reports, or other
information may be disclosed in the course of an inspection,
investigation, or enforcement proceeding to the extent that
the owner or operator of the facility expressly authorizes
the disclosure.
‘‘(2) Such records, reports, or other information may
be required to be disclosed to the extent that—
‘‘(A) the record, report, or information is sought
as part of a criminal proceeding; or
‘‘(B) the record, report, or information is sought
for purposes of establishing the cause of, or an em-
ployer’s actual knowledge of, a particular alleged vio-
lation, but only if—
‘‘(i) the Secretary establishes, on evidence
independent of such records, reports, or informa-
tion, that a condition or practice of the employer
is not in compliance with the requirements of
this Act; and
‘‘(ii) the employer has not undertaken good
faith efforts to address items identified in the as-
sessment, audit, or review, or initiated a process
to abate hazards or potential hazards identified
in the assessment, audit, or review.
‘‘(3) For purposes of this subsection, the term ‘health
and safety assessments, audits, or reviews’ means an eval-
uation of 1 or more processes, operations, or facilities or
of management systems related to such processes, oper-
ations, or facilities that is designed to identify and prevent
noncompliance with this Act and hazards or potential haz-
ards to employees. The records, reports, and information
subject to paragraph (1) do not include medical records or
records of employee exposure to potentially toxic materials
or harmful physical agents, or records of work-related
deaths, injuries, and illnesses required to be maintained
under this section.’’.
Calendar No. 419
105TH CONGRESS
2D SESSION
H. R. 2869
[Report No. 105–731]
A BILL
To amend the Occupational Safety and Health Act
of 1970 to exempt safety and health assessments,
audits, and reviews conducted by or for an em-
ployer from enforcement action under such Act.
SEPTEMBER 18, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed