I 
111TH CONGRESS 
2D SESSION 
H. R. 6536 
To authorize the Department of Labor’s voluntary protection program and 
to expand the program to include more small businesses. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2010 
Mr. GENE GREEN of Texas introduced the following bill; which was referred 
to the Committee on Education and Labor 
A BILL 
To authorize the Department of Labor’s voluntary protection 
program and to expand the program to include more 
small businesses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Voluntary Protection 
Program Act’’. 
SEC. 2. VOLUNTARY PROTECTION PROGRAM. 
(a) COOPERATIVE AGREEMENTS.—The Secretary of 
Labor shall establish a program of entering into coopera-
tive agreements with employers to encourage the establish-
VerDate Mar 15 2010 
07:07 Dec 17, 2010
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6536.IH
H6536
pwalker on DSKD5P82C1PROD with BILLS
ment of comprehensive safety and health management sys-
tems that include— 
(1) requirements for systematic assessment of 
hazards; 
(2) comprehensive hazard prevention, mitiga-
tion, and control programs; 
(3) active and meaningful management and em-
ployee participation in the voluntary program de-
scribed in subsection (b); and 
(4) employee safety and health training. 
(b) VOLUNTARY PROTECTION PROGRAM.— 
(1) IN GENERAL.—The Secretary of Labor shall 
establish and carry out a voluntary protection pro-
gram (consistent with subsection (a)) to encourage 
excellence and recognize the achievement of excel-
lence in both the technical and managerial protec-
tion of employees from occupational hazards. 
(2) PROGRAM REQUIREMENTS.—The voluntary 
protection program shall include the following: 
(A) APPLICATION.—Employers who volun-
teer 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 re-
VerDate Mar 15 2010 
07:07 Dec 17, 2010
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6536.IH
H6536
pwalker on DSKD5P82C1PROD with BILLS
quirements as the Secretary of Labor may re-
quire 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 partici-
pation in the program shall assure the Sec-
retary of Labor that information about the 
safety and health program shall be made read-
ily available to the Secretary of Labor to share 
with employees. 
(D) REEVALUATIONS.—Periodic reevalua-
tions by the Secretary of Labor of the employ-
ers shall be required for continued participation 
in the program. 
(3) MONITORING.—To ensure proper controls 
and measurement of program performance for the 
voluntary protection program under this section, the 
Secretary of Labor shall direct the Assistant Sec-
VerDate Mar 15 2010 
07:07 Dec 17, 2010
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6536.IH
H6536
pwalker on DSKD5P82C1PROD with BILLS
retary of Labor for Occupational Safety and Health 
to take the following actions: 
(A) Develop a documentation policy re-
garding information on follow-up actions taken 
by the regional offices of the Occupational Safe-
ty and Health Administration in response to fa-
talities and serious injuries at worksites partici-
pating in the voluntary protection program. 
(B) Establish internal controls that ensure 
consistent compliance by the regional offices of 
the Occupational Safety and Health Adminis-
tration with the voluntary protection program 
policies of the Occupational Safety and Health 
Administration for conducting onsite reviews 
and monitoring injury and illness rates, to en-
sure that only qualified worksites participate in 
the program. 
(C) Establish a system for monitoring the 
performance of the voluntary protection pro-
gram by developing specific performance goals 
and measures for the program. 
(4) EXEMPTIONS.—A site with respect to which 
a voluntary protection program has been approved 
shall, during participation in the program, be ex-
empt from inspections or investigations and certain 
VerDate Mar 15 2010 
07:07 Dec 17, 2010
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6536.IH
H6536
pwalker on DSKD5P82C1PROD with BILLS
grams 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 voluntary protection program 
authorized under this section. 
SEC. 3. EXPANDED ACCESS TO VOLUNTARY PROTECTION 
PROGRAM FOR SMALL BUSINESSES. 
The Secretary of Labor shall establish and imple-
ment, by regulation, a program to increase participation 
by small businesses (as the term is defined by the Admin-
istrator of the Small Business Administration) in the vol-
untary protection program established under section 2 
through outreach and assistance initiatives and the devel-
opment of program requirements that address the needs 
of small businesses. 
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this section such sums as may be necessary for fiscal year 
2011 and each succeeding fiscal year. 
Æ 
VerDate Mar 15 2010 
07:07 Dec 17, 2010
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H6536.IH
H6536
pwalker on DSKD5P82C1PROD with BILLS