SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Occupational Safety
and Health Administration Compliance Assistance Au-
thorization Act of 1998’’.
SEC. 2. COMPLIANCE ASSISTANCE PROGRAM.
Section 21 of the Occupational Safety and Health Act
of 1970 is amended by adding at the end the following
new subsection:
‘‘(d)(1) The Secretary shall establish and support co-
operative agreements with the States under which employ-
ers subject to this Act may consult with State personnel
with respect to—
‘‘(A) the application of occupational safety and
health requirements under this Act or under State
plans approved under section 18; and
‘‘(B) voluntary efforts that employers may un-
dertake to establish and maintain safe and healthful
employment and places of employment.
Such agreements may provide, as a condition of receiving
funds under such agreements, for contributions by States
towards meeting the costs of such agreements.
‘‘(2) Pursuant to such agreements the State shall
provide on-site consultation at the employer’s worksite to
employers who request such assistance. The State may
also provide other education and training programs for
employers and employees in the State. The State shall en-
sure that on-site consultations conducted pursuant to such
agreements include provision for the participation by em-
ployees.
‘‘(3) Activities under this subsection shall be con-
ducted independently of any enforcement activity. If an
employer fails to take immediate action to eliminate em-
ployee exposure to an imminent danger identified in a con-
sultation or fails to correct a serious hazard so identified
within a reasonable time, a report shall be made to the
appropriate enforcement authority for such action as is
appropriate.
‘‘(4) The Secretary shall, by regulation after notice
and opportunity for comment, establish rules under which
an employer—
‘‘(A) which requests and undergoes an on-site
consultative visit provided under this subsection;
‘‘(B) which corrects the hazards that have been
identified during the visit within the time frames es-
tablished by the State and agrees to request a subse-
quent consultative visit if major changes in working
conditions or work processes occur which introduce
new hazards in the workplace; and
‘‘(C) which is implementing procedures for reg-
ularly identifying and preventing hazards regulated
under this Act and maintains appropriate involve-
ment of, and training for, management and non-
management employees in achieving safe and health-
ful working conditions,
may be exempt from an inspection (except an inspection
requested under section 8(f) or an inspection to determine
the cause of a workplace accident which resulted in the
death of one or more employees or hospitalization for 3
or more employees) for a period of one year from the clos-
ing of the consultative visit.
‘‘(5) A State shall provide worksite consultations
under paragraph (2) at the request of an employer. Prior-
ity in scheduling such consultations shall be assigned to
requests from small businesses which are in higher hazard
industries or have the most hazardous conditions at issue
in the request.’’
Passed the House of Representatives March 17,
1998.
Attest:
Clerk.