I
103D CONGRESS
1ST SESSION
H. R. 1280
To revise the Occupational Safety and Health Act of 1970.
IN THE HOUSE OF REPRESENTATIVES
MARCH 10, 1993
Mr. FORD of Michigan (for himself, Mr. CLAY, Mr. MILLER of California, Mr.
MURPHY, Mr. KILDEE, Mr. MARTINEZ, Mr. OWENS, Mr. SAWYER, Mr.
PAYNE of New Jersey, Mrs. UNSOELD, Mrs. MINK, Mr. ANDREWS of
New Jersey, Mr. ENGEL, Mr. BECERRA, Mr. GENE GREEN of Texas, Mr.
STRICKLAND, Mr. DE LUGO, and Mr. FALEOMAVAEGA) introduced the
following bill; which was referred jointly to the Committees on Education
and Labor and House Administration
JULY 22, 1993
Additional Sponsors: Mr. DINGELL, Mr. MCCLOSKEY, Mr. BORSKI, Mr. SAND-
ERS, Mr. BERMAN, Mr. STOKES, Mr. ACKERMAN, Ms. EDDIE BERNICE
JOHNSON of Texas, Mr. DELLUMS, Mr. MEEHAN, Mr. OLVER, Mr. FOG-
LIETTA, Ms. WOOLSEY, Mr. PASTOR, Mr. HASTINGS, Mr. NADLER, Ms.
PELOSI, Mr. VISCLOSKY, Mr. FILNER, Mr. STUPAK, Mr. RANGEL, Mr.
LANTOS, Mr. SABO, Mrs. MALONEY, Mr. BLACKWELL, Mr. BONIOR, Mr.
TORRES, Mr. NEAL of Massachusetts, Mr. MINETA, Mr. BROWN of Cali-
fornia, Ms. KAPTUR, Mr. RAHALL, Mr. GONZALEZ, Mr. GUTIERREZ, Mr.
FRANK of Massachusetts, Mr. COLEMAN, Mr. MOAKLEY, Mr. EDWARDS
of California, Mr. STARK, Mr. BARLOW, Mr. WILSON, Mr. KENNEDY, Mr.
LAFALCE, Mr. VENTO, Mr. DIXON, Mr. EVANS, Ms. VELA´ZQUEZ, Mr.
YATES, Mrs. SCHROEDER, Mr. HOCHBRUECKNER, Mr. MCDERMOTT, Mr.
HINCHEY, Mr. SERRANO, Mr. DEUTSCH, Mr. MFUME, Mrs. COLLINS of
Illinois, Miss COLLINS of Michigan, Mr. WYNN, Mr. REYNOLDS, Mr.
HALL of Ohio, Mr. TOWNS, Ms. ROYBAL-ALLARD, Mr. FLAKE, Mr.
STUDDS, Mr. BILBRAY, Ms. NORTON, and Ms. SLAUGHTER
A BILL
To revise the Occupational Safety and Health Act of 1970.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Occupational Safety and Health Reform
Act’’.
(b) REFERENCE.—Except as otherwise specifically
provided, whenever in this Act an amendment or repeal
is expressed in terms of an amendment to, or repeal of,
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Oc-
cupational Safety and Health Act of 1970 (29 U.S.C. 651
et seq.).
(c) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title; reference; table of contents.
Sec. 2. Findings.
TITLE I—SAFETY AND HEALTH PROGRAMS
Sec. 101. Safety and health programs.
TITLE II—SAFETY AND HEALTH COMMITTEES AND EMPLOYEE
SAFETY AND HEALTH REPRESENTATIVES
Sec. 201. Safety and health committees and employee safety and health rep-
resentatives.
TITLE III—COVERAGE
Sec. 301. Extension of coverage to public employees.
Sec. 302. Congressional coverage.
Sec. 303. Application of OSHA to DOE nuclear facilities.
Sec. 304. Extension of employer duties to all employees working at a place of
employment.
TITLE IV—OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Sec. 401. Time frames for setting standards.
Sec. 402. Occupational safety and health standard.
Sec. 403. Recording of adverse medical condition.
Sec. 404. Public disclosure of all communications on standards.
Sec. 405. Revision of permissible exposure limits.
Sec. 406. Exposure monitoring and health surveillance.
Sec. 407. Standard on ergonomic hazards.
Sec. 408. Emergency temporary standard.
Sec. 409. Air contaminants.
TITLE V—ENFORCEMENT
Sec. 501. No loss of employee pay for inspections.
Sec. 502. Time frame for response to complaints.
Sec. 503. Complaints.
Sec. 504. Mandatory special emphasis.
Sec. 505. Investigations of deaths and serious incidents.
Sec. 506. Abatement of serious hazards during employer contests to a citation.
Sec. 507. Right to contest citations and penalties.
Sec. 508. Right of employee representatives to participate in other proceedings.
Sec. 509. Objections to modification of citations.
Sec. 510. Imminent danger inspections.
Sec. 511. Citations and penalties for violations.
Sec. 512. OSHA criminal penalties.
Sec. 513. Commission members’ terms.
Sec. 514. Inspections.
Sec. 515. Employee accountability.
Sec. 516. Serious penalty.
TITLE VI—PROTECTION OF EMPLOYEES FROM DISCRIMINATION
Sec. 601. Antidiscrimination provisions.
Sec. 602. Posting of employee rights.
TITLE VII—TECHNICAL ASSISTANCE AND TRAINING
Sec. 701. Technical assistance to employers and employees.
TITLE VIII—RECORDKEEPING AND REPORTING
Sec. 801. Data collected by Secretary.
Sec. 802. Employee reported illnesses.
Sec. 803. Employee access.
TITLE IX—NIOSH
Sec. 901. Hazard evaluation reports.
Sec. 902. Safety research.
Sec. 903. Contractor rights.
Sec. 904. National surveillance program.
Sec. 905. Establishment of NIOSH as a separate agency within Public Health
Service.
Sec. 906. Conforming amendments changing references from HEW to HHS.
Sec. 907. NIOSH Training.
TITLE X—STATE PLANS
Sec. 1001. State plan committees and programs.
Sec. 1002. Access to information; employee rights.
Sec. 1003. Application of Federal standards.
Sec. 1004. Complaints against a State plan.
Sec. 1005. Action against State plan.
Sec. 1006. State plan conforming amendments.
Sec. 1007. Validity of State laws.
TITLE XI—VICTIM’S RIGHTS
Sec. 1101. Victim’s rights.
TITLE XII—CONSTRUCTION SAFETY
Sec. 1201. Definitions.
Sec. 1202. Office of Construction Safety, Health, and Education.
Sec. 1203. Construction safety and health plans and programs.
Sec. 1204. Inspections, investigations, reporting, and recordkeeping.
Sec. 1205. Advisory Committee on Construction Safety and Health.
Sec. 1206. State construction safety and health plans.
Sec. 1207. Construction Safety and Health Academy.
Sec. 1208. Enforcement.
Sec. 1209. Reports to Congress.
Sec. 1210. Federal construction contracts.
Sec. 1211. Relationship to existing law and regulations.
Sec. 1212. Timetable for regulations.
TITLE XIII—WORKER’S COMPENSATION STUDY
Sec. 1301. Commission.
TITLE XIV—ADMINISTRATION
Sec. 1401. Administration.
TITLE XV—EFFECTIVE DATE
Sec. 1501. Effective date.
SEC. 2. FINDINGS.
Congress finds that—
(1) during the past two decades progress has
been made in reducing workplace deaths, injuries,
and exposure to toxic substances through efforts of
Federal agencies, States, employers, employees, and
employee representatives;
(2) despite the progress described in paragraph
(1), work-related injuries, illnesses, and deaths con-
tinue to occur at rates that are unacceptable and
that impose a substantial burden upon employers,
employees, and the Nation in terms of lost produc-
tion, wage loss, medical expenses, compensation pay-
ments, and disability;
(3) employers and employees are not suffi-
ciently involved in working together in joint efforts
to identify and correct occupational safety and
health hazards;
(4) employers and employees require better
training to identify safety and health problems;
(5) mandatory regulation is necessary to pro-
tect employees from health and safety hazards but
Federal agency standard setting has not kept pace
with knowledge about such hazards;
(6) enforcement of occupational safety and
health standards has not been adequate to bring
about timely abatement of hazardous conditions or
to deter violations of occupational safety and health
standards.
(7) millions of employees exposed to serious oc-
cupational safety and health hazards are excluded
from full coverage under the Occupational Safety
and Health Act of 1970; and
(8) the lack of accurate data and information
on work-related deaths, injuries, and illnesses has
impeded efforts to prevent such deaths, injuries, and
illnesses.
TITLE I—SAFETY AND HEALTH
PROGRAMS
SEC. 101. SAFETY AND HEALTH PROGRAMS.
(a) IN GENERAL.—Section 27 (29 U.S.C. 676) is
amended to read as follows:
‘‘SEC. 27. SAFETY AND HEALTH PROGRAMS.
‘‘(a) IN GENERAL.—
‘‘(1) PURPOSE.—Each employer shall establish
and carry out in accordance with this section a safe-
ty and health program to reduce or eliminate haz-
ards and to prevent injuries and illnesses to employ-
ees.
‘‘(2) MODIFICATIONS TO SAFETY AND HEALTH
PROGRAMS.—The Secretary may, by regulations is-
sued under subsection (c)(1), modify the require-
ments of this section on classes of employers where
the Secretary determines that in light of the nature
of the risks faced by the employers’ employees, such
a modification would not adversely affect employee
safety and health.
‘‘(3) WORKSITE DEFINITION.—As used in this
section and section 28, the term ‘worksite’ means a
single physical location where business is conducted
or operations are performed by employees of an em-
ployer.
‘‘(b) REQUIREMENTS.—Each employer covered by
this section shall establish and carry out a written safety
and health program that includes—
‘‘(1) methods and procedures for identifying,
evaluating, and documenting safety and health haz-
ards, including investigating and recording work-re-
lated illnesses, injuries, and deaths;
‘‘(2) methods and procedures for correcting the
safety and health hazards identified under para-
graph (1);
‘‘(3) methods and procedures for providing
emergency response first-aid and other occupational
health services;
‘‘(4) methods and procedures for employee par-
ticipation in the implementation of the employer’s
safety and health program, including participation
through a safety and health committee established
under section 28, where applicable;
‘‘(5) methods and procedures for providing
safety and health training and education to employ-
ees and to members of a safety and health commit-
tee established under section 28;
‘‘(6) the designation of representatives of the
employer who have the qualifications and respon-
sibility to identify safety and health hazards and the
authority to initiate corrective action where appro-
priate;
‘‘(7) in the case of a worksite where employees
of two or more employers work, procedures for each
employer to protect employees at the worksite from
hazards under the employer’s control, including pro-
cedures to provide information on safety and health
hazards to other employers and employees at the
worksite; and
‘‘(8) such other provisions as the Secretary re-
quires to effectuate the purposes of this Act.
‘‘(c) REGULATIONS
ON EMPLOYER SAFETY
AND
HEALTH PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary shall within
one year of the effective date of the Comprehensive
Occupational Safety and Health Reform Act issue
final regulations on employer safety and health pro-
grams required by subsection (a) which shall take ef-
fect no later than 18 months after such effective
date.
‘‘(2) REGULATIONS
ON
TRAINING
AND
EDU-
CATION.—The regulations of the Secretary under
paragraph (1) respecting an employer’s safety and
health program shall—
‘‘(A)(i) provide for training and education
of employees at the time of employment, in a
manner that is readily understood by such em-
ployees, concerning safety and health hazards,
control measures, and the employer’s safety and
health program;
‘‘(ii) provide for the dissemination of infor-
mation to employees at the time of employment,
in a manner that is readily understood by such
employees, regarding employee rights and appli-
cable laws and regulations; and
‘‘(iii) provide for training and education of
employees who are selected to be safety and
health committee members, at the time of their
selection, to enable such employees to carry out
the activities of the committee under section 28;
and
‘‘(B) require that refresher training be
provided on at least an annual basis and that
additional training be provided to employees
and to safety and health committee members
when there are changes in conditions or oper-
ations that may expose employees to new or dif-
ferent safety or health hazards or when there
are changes in safety and health regulations or
standards under this Act that apply to the em-
ployer.
‘‘(3) COORDINATION OF PROGRAMS.—The regu-
lations of the Secretary under paragraph (1) shall
provide that any specific program or training re-
quirements imposed by regulations issued under sec-
tion 6 may be combined or coordinated with an em-
ployer’s safety and health program.
‘‘(4) NO LOSS OF PAY.—The time during which
employees are participating in training and edu-
cation provided in accordance with the regulations of
the Secretary shall be considered hours worked for
purposes of wages, benefits, and other terms and
conditions of employment. The training and edu-
cation shall be provided by an employer at no cost
to the employer’s employees.’’.
TITLE II—SAFETY AND HEALTH
COMMITTEES AND EMPLOYEE
SAFETY AND HEALTH REP-
RESENTATIVES
SEC. 201. SAFETY AND HEALTH COMMITTEES AND EM-
PLOYEE SAFETY AND HEALTH REPRESENTA-
TIVES.
(a) IN GENERAL.—Section 28 is amended to read as
follows:
‘‘SEC. 28. SAFETY AND HEALTH COMMITTEES AND EM-
PLOYEE SAFETY AND HEALTH REPRESENTA-
TIVES.
‘‘(a) PURPOSE.—The purpose of this section is to
bring 
employees 
and 
employers 
together 
in 
a
nonadversarial, cooperative effort to promote safety and
health in each worksite. A safety and health committee
established under subsection (b) assists the employer and
makes recommendations regarding methods of addressing
safety and health hazards.
‘‘(b) SAFETY AND HEALTH COMMITTEE ESTABLISH-
MENT.—Each employer of 11 or more employees shall es-
tablish a safety and health committee at each worksite of
the employer except as provided in subsections (e) and (g)
(hereinafter in this section referred to as the ‘safety and
health committee’). For purposes of this section, the term
‘employee’ means an employee who is employed by an em-
ployer an average of 20 or more hours per week.
‘‘(c) COMMITTEE RIGHTS.—
‘‘(1) IN
GENERAL.—Each safety and health
committee shall have the right, within reasonable
limits and in a reasonable manner, to—
‘‘(A) review any safety and health program
established under section 27;
‘‘(B) review incidents resulting in work-re-
lated deaths, injuries, and illnesses and com-
plaints regarding safety or health hazards by
employees or safety and health committee mem-
bers;
‘‘(C) review, upon request to the employer
by any safety and health committee member,
the employer’s work injury and illness records,
other than personally identifiable medical infor-
mation, and other reports or documents relating
to occupational safety and health;
‘‘(D) conduct inspections of the worksite at
least once every 3 months and in response to
complaints regarding safety or health hazards
by employees or safety and health committee
members;
‘‘(E) conduct interviews with employees in
conjunction with inspections of the worksite;
‘‘(F) conduct meetings at least once every
3 months and maintain written minutes of such
meetings;
‘‘(G) observe the measurement of employee
exposure to toxic materials and harmful phys-
ical agents;
‘‘(H) establish procedures for exercising
the rights of the safety and health committee;
and
‘‘(I) make, and receive a response from the
employer to—
‘‘(i) recommendations on behalf of the
safety and health committee (including the
separate views of any member of the com-
mittee), or
‘‘(ii) recommendations on behalf of
the employer or employee representatives
on such safety and health committee,
to the employer for improvements in the em-
ployer’s safety and health program and for the
correction of hazards to employee safety or
health.
Recommendations under subparagraph (I) shall be
advisory only and the employer shall retain full au-
thority to manage the worksite.
‘‘(2) TIME FOR SAFETY AND HEALTH COMMIT-
TEE ACTIVITIES.—The employer shall permit mem-
bers of the safety and health committee to take such
time from work as is reasonably necessary to exer-
cise the rights of the committee, without suffering
any loss of wages, benefits, and other terms and
conditions of employment for time spent on duties of
the committee.
‘‘(d) SAFETY AND HEALTH COMMITTEE.—
‘‘(1) MEMBERSHIP.—Each safety and health
committee shall consist of the employee safety and
health representatives selected or appointed under
paragraph (3) and up to an equal number of em-
ployer representatives.
‘‘(2) EMPLOYEE
SAFETY
AND
HEALTH
REP-
RESENTATIVES.—The safety and health committee
shall include—
‘‘(A) 1 employee safety and health rep-
resentative at each worksite where the average
number of nonmanagerial employees of the em-
ployer during the year ending January 1 was
more than 10, but less than 50;
‘‘(B) 2 representatives where the number
of employees is at least 50 but less than 100;
and
‘‘(C) an additional employee safety and
health representative for each additional 100
such employees, up to a maximum of 6 em-
ployee safety and health representatives.
‘‘(3) SELECTION.—The employer’s nonmana-
gerial employees shall select employee safety and
health representatives by and from among them-
selves as follows:
‘‘(A) Where none of the employer’s employ-
ees at a worksite are represented by an exclu-
sive bargaining representative, the employees
shall select employee safety and health rep-
resentatives.
‘‘(B) Where the employer’s employees are
represented by a single exclusive bargaining
representative, the bargaining representative
shall designate the employee safety and health
representatives.
‘‘(C) Where the employer’s employees are
represented by more than one exclusive rep-
resentative or where some but not all of the em-
ployees are represented by an exclusive rep-
resentative, each bargaining unit of represented
employees (and any residual group of unrepre-
sented employees) shall have a proportionate
number of employee safety and health rep-
resentatives based on the number of employees
in each bargaining unit or group, except that
each such unit or group of 11 or more employ-
ees shall have at least one representative. The
selection process shall be conducted in accord-
ance with subparagraph (A) or (B), as applica-
ble.
‘‘(4) Each employee’s right to seek to be an em-
ployee safety and health representative and to other-
wise participate in the selection process without
being subject to penalties, discipline, employer inter-
ference, or reprisal of any kind shall be protected.
‘‘(e) REGULATIONS.—The Secretary shall, within 1
year of the effective date of the Comprehensive Occupa-
tional Safety and Health Reform Act, issue regulations on
safety and health committees. Such regulations shall be
effective within 18 months of the effective date. Such reg-
ulations shall include provisions on—
‘‘(1) the functioning of committees, including
the selection of employee safety and health rep-
resentatives, the terms of employee safety and health
representatives, and maintenance of records; and
‘‘(2) the functioning of committees, the method
of selection, and the number of employee safety and
health representatives—
‘‘(A) where an employer’s employees do not
primarily report to or work at a fixed location;
‘‘(B) with regard to worksites with less
than 11 employees of a covered employer; and
‘‘(C) where employees of more than 1 em-
ployer are employed.
‘‘(f) ADDITIONAL RIGHTS.—The rights and remedies
provided to employees and employee safety and health rep-
resentatives by this section are in addition to, and not in
lieu of, any other rights and remedies provided by con-
tract, by other provisions of this Act, or by other applica-
ble law, and are not intended to alter or affect such rights
and remedies.
‘‘(g) ALTERNATIVE MECHANISMS
FOR EMPLOYEE
PARTICIPATION.—Upon application of the employer, the
Secretary may approve the establishment of a mechanism
for employee participation in safety and health decision
making which differs in form from the safety and health
committee if the alternative ensures that employees may
meaningfully participate in safety and health activities at
the worksite. An application to establish an alternative
mechanism for employee participation may not be ap-
proved by the Secretary unless—
‘‘(1) the mechanism for employee participation
provides for the free and fair selection of employee
participants by and from among the employer’s
nonmanagerial employees in a manner that ensures
that employees will not be subject to penalties, dis-
cipline, employer interference, or reprisals of any
kind;
‘‘(2) the mechanism for employee participation
ensures that the rights under subsection (c) may be
exercised by the employee participants; and
‘‘(3) the mechanism for employee participation
contains such other provisions as the Secretary may
require.
The Secretary shall not approve an application unless the
employer’s nonmanagerial employees have received notice
and have been provided at least 60 days in which to com-
ment on the application.
‘‘(h) A safety and health committee established under
and operating in conformity with section 28 shall not con-
stitute a labor organization within the meaning of section
2(5) of the National Labor Relations Act or a representa-
tive within the meaning of section 1, sixth, of the Railway
Labor Act.’’.
(b) EMPLOYEE PARTICIPATION IN INSPECTIONS.—
Section 8(e) (29 U.S.C 657(e)) is amended to read as fol-
lows:
‘‘(e) Subject to regulations issued by the Secretary,
a representative of the employer and a designee of the em-
ployee safety and health representatives shall be given an
opportunity to accompany the Secretary or the Secretary’s
authorized representative during the physical inspection of
any workplace under subsection (a) for the purpose of aid-
ing such inspection. Where no employee safety and health
representatives have been selected, a representative au-
thorized by an employer’s employees shall be given an op-
portunity to accompany the Secretary in lieu of the des-
ignee of the employee safety and health representative.
Where there is no authorized employee representative, the
Secretary or the Secretary’s authorized representative
shall consult with a reasonable number of employees con-
cerning matters of health and safety in the workplace.’’.
TITLE III—COVERAGE
SEC. 301. EXTENSION OF COVERAGE TO PUBLIC EMPLOY-
EES.
Section 3(5) (29 U.S.C. 652(5) is amended by insert-
ing ‘‘, including any State or political subdivision of a
State’’ after ‘‘who has employees’’ and by striking out ‘‘or
any State or political subdivision of a State’’.
SEC. 302. CONGRESSIONAL COVERAGE.
(a) HOUSE ACTIONS.—The Committee on House Ad-
ministration of the House of Representatives shall estab-
lish and maintain an effective and comprehensive occupa-
tional safety and health program to protect the health and
safety of congressional employees (as defined in section
2107 of title 5, United States Code, but not including an
employee who is paid by the Secretary of the Senate). The
program shall provide—
(1) for compliance with section 5(a)(1) of the
Occupational Safety and Health Act of 1970 (re-
ferred to in this subsection as the ‘‘Act’’), the occu-
pational health and safety standards issued under
section 6 of the Act, and the regulations issued
under section 8 of the Act;
(2) for the development of written health and
safety programs consistent with section 27 of the
Act and the establishment of joint health and safety
committees consistent with section 28 of the Act;
and
(3) for the establishment of an effective en-
forcement mechanism to ensure compliance with the
requirements of the health and safety programs de-
veloped under this section.
(4) for the Fair Employment Practices Board
of the House of Representatives to establish proce-
dures (consistent with the procedures under section
11(c) of the Occupational Safety and Health Act of
1970) for discrimination cases brought under the
program.
Under the program, if a willful violation of a standard is-
sued under section 6 results in the death or serious bodily
injury of an employee, such violation may be referred to
the Attorney General for prosecution.
(b) COMMITTEE ON HOUSE ADMINISTRATION.—In
connection with the program established under subsection
(a), the Committee on House Administration of the House
of Representatives shall—
(1) acquire, maintain, and require the use of
engineering controls, work practice controls, safety
equipment, personal protective equipment, and other
devices reasonably necessary to protect employees;
and
(2) employ, as appropriate, individuals qualified
by education and experience to identify occupational
safety and health hazards and to recommend correc-
tive actions.
(c) RULEMAKING.—The provisions of this section are
enacted by the House of Representatives as an exercise
of the rulemaking power of the House of Representatives
with full recognition of the right of the House to change
its rules in the same manner and to the same extent as
in the case of any other rule of the House.
SEC. 303. APPLICATION OF OSHA TO DOE NUCLEAR FACILI-
TIES.
Paragraph (3) of section 4(b) (29 U.S.C. 653(b)(6))
is amended to read as follows:
‘‘(3) Notwithstanding paragraph (1) of this sub-
section, this Act shall apply with respect to employment
performed in the Federal nuclear facilities under the con-
trol or jurisdiction of the Department of Energy.’’.
SEC. 304. EXTENSION OF EMPLOYER DUTIES TO ALL EM-
PLOYEES WORKING AT A PLACE OF EMPLOY-
MENT.
Section 5(a)(1) (29 U.S.C. 654(a)(1)) is amended—
(1) by striking ‘‘each of his employees’’ and in-
serting ‘‘each employee’’; and
(2) by striking ‘‘to his employees’’ and inserting
‘‘to employees at the place of employment’’.
TITLE IV—OCCUPATIONAL SAFE-
TY AND HEALTH STANDARDS
SEC. 401. TIME FRAMES FOR SETTING STANDARDS.
(a) RECOMMENDATIONS AND PETITIONS FOR STAND-
ARDS.—Paragraph (2) of section 6(b) (29 U.S.C.
655(b)(2)) is amended to read as follows:
‘‘(2)(A) If the Secretary receives—
‘‘(i) a recommendation of an advisory com-
mittee, the Secretary of Health and Human
Services, or the Administrator of the Environ-
mental Protection Agency, or
‘‘(ii) a petition from an interested person
which petition sets forth with reasonable par-
ticularity the facts which the person claims es-
tablish that an occupational safety or health
standard should be promulgated, modified or
revoked,
the Secretary shall, within 90 days after receipt of
the recommendation or petition, publish in the Fed-
eral Register a response stating whether the Sec-
retary intends to publish a proposed rule promulgat-
ing, modifying or revoking such standard.
‘‘(B) If the Secretary’s response states that the
Secretary does not intend to publish a proposed rule,
the Secretary shall set forth the reasons for that de-
cision. In all other cases, the Secretary shall, within
12 months following the decision, publish in the
Federal Register a proposed rule promulgating,
modifying, or revoking the standard cited in the pe-
tition or recommendation.’’.
(b) PROCEDURE FOR COMMENT AND HEARING.—
Paragraph (3) of section 6(b) (29 U.S.C. 655(b)(3)) is
amended—
(1) by designating the present language as sub-
paragraph (B) and by striking out ‘‘under para-
graph (2)’’; and
(2) by inserting at the beginning the following:
‘‘(3)(A) When information developed by the
Secretary or submitted to the Secretary indicates
that a rule should be proposed promulgating, modi-
fying, or revoking an occupational safety or health
standard, the Secretary shall publish such a pro-
posed rule in the Federal Register and shall afford
interested persons a period of at least 30 days after
publication to submit written data or comments.’’.
(c) TIME FRAME
FOR ISSUING RULES.—Section
6(b)(4) (29 U.S.C. 655(b)(4)) is amended by striking
‘‘Within’’ and all that follows through ‘‘paragraph (3)’’
and inserting ‘‘Within 18 months following publication of
a proposed rule under paragraph (2)(B)’’.
(d) REVIEW OF SECRETARY’S FAILURE OR REFUSAL
TO ISSUE RULES.—Section 6 (29 U.S.C. 655) is amended
by adding at the end the following:
‘‘(h)(1) Any person who may be adversely affected by
a determination by the Secretary under subsection (b)(2)
not to propose a rule promulgating, modifying, or revoking
a standard may at any time prior to the sixtieth day after
such determination is published in the Federal Register
file a petition seeking review of such determination with
the United States court of appeals for the circuit wherein
such person resides or such person has a principal place
of business. A copy of the petition shall be forthwith trans-
mitted by the clerk of the court to the Secretary. The Sec-
retary’s determination shall be set aside if found to be ar-
bitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law.
‘‘(2) Any person who may be adversely affected by
a failure of the Secretary to take any action required by
this section within the time period prescribed therefor by
this section may at any time after such period of time has
elapsed file a petition for review stating that such action
has been unlawfully withheld or unreasonably delayed.
Such petition may be filed with the United States court
of appeals for the circuit wherein such person resides or
such person has a principal place of business. A copy of
the petition shall be forthwith transmitted by the clerk of
the court to the Secretary. The reviewing court shall com-
pel the Secretary to take any action that is found to have
been unlawfully withheld or unreasonably delayed. The
Secretary’s desire to confer with, or to receive approval
from any other Federal agency or Federal executive offi-
cial, shall not justify the withholding or delaying of action
by the Secretary, except where such consultation or solici-
tation of approval is required by statute and has been pur-
sued in a timely fashion.’’.
(e) JUDICIAL REVIEW.—Section 6(f) (29 U.S.C.
655(f)) is amended by adding at the end the following:
‘‘The procedures of this subsection shall be the exclusive
means of challenging the validity of any occupational safe-
ty and health standard and the validity of any such stand-
ard may not be raised in an enforcement action under sec-
tion 10 or 11.’’.
SEC. 402. OCCUPATIONAL SAFETY AND HEALTH STANDARD.
Section 3(8) (29 U.S.C. 652(8)) is amended to read
as follows:
‘‘(8) The term ‘occupational safety and health
standard’ means a standard which addresses a sig-
nificant risk to the safety or health of employees by
requiring conditions, or the adoption or use of one
or more practices, means, methods, operations, or
processes that most adequately assure, to the extent
feasible, safe and healthful employment and places
of employment. For purposes of this paragraph, the
term ‘significant risk’ means a risk from an occupa-
tional safety or health hazard which may be reason-
ably anticipated to cause material impairment of
health or functional capacity to employees exposed
to such safety or health hazard. A risk shall not be
considered significant—
‘‘(A) in the case of a toxic substance or
harmful physical agent that may cause cancer,
if the risk resulting from employee exposure to
such substance or agent does not exceed one in
a million (as determined by conservative risk
assessment models), or
‘‘(B) in the case of an occupational safety
or health hazard other than a potential carcino-
gen, if a condition, practice, or exposure is not
reasonably anticipated to cause material impair-
ment of health or functional capacity to employ-
ees exposed to such hazard, taking into account
an ample margin of safety.’’.
SEC. 403. RECORDING OF ADVERSE MEDICAL CONDITION.
Section 6(b)(7) (29 U.S.C. 655(b)(7)) is amended by
inserting after the third sentence the following: ‘‘The
standard shall also prescribe requirements for recording
or reporting work-related adverse medical conditions de-
termined as a result of medical examinations or tests con-
ducted under the standard.’’.
SEC. 404. PUBLIC DISCLOSURE OF ALL COMMUNICATIONS
ON STANDARDS.
Section 6(b) (29 U.S.C. 655(b)) is amended by add-
ing at the end the following:
‘‘(9) The Secretary shall place all written com-
ments and communications and a summary of all
verbal communications with parties outside the De-
partment of Labor (including communications with
executive branch officials but not including commu-
nications with the President) regarding the promul-
gation, modification, or revocation of a standard
under this section in the public record within 10
working days of the receipt of such communica-
tions.’’.
SEC. 405. REVISION OF PERMISSIBLE EXPOSURE LIMITS.
Section 6 (29 U.S.C. 655) (as amended by section
401(d)) is amended by adding at the end the following:
‘‘(i) In addition to other health and safety standards
promulgated under subsection (b), the Secretary shall, in
cooperation with the Secretary of Health and Human
Services, modify and establish exposure limits for toxic
materials and harmful physical agents on a regular basis
in the following manner and in accordance with the re-
quirements of subsection (b)(5):
‘‘(1) The Secretary of Health and Human Serv-
ices, acting through the National Institute for Occu-
pational Safety and Health, shall regularly evaluate
available scientific evidence, data, and information to
determine if exposure limits for toxic materials and
harmful physical agents promulgated under sub-
sections (a) and (b) should be modified or if an ex-
posure limit should be established to protect exposed
employees from material impairment of health or
functional capacity. Such evaluation shall include a
review of the scientific literature, standards of pri-
vate and professional organizations, national consen-
sus standards, standards adopted by other countries,
recommendations of State and Federal agencies, and
consideration of whether such toxic materials and
harmful physical agents pose a significant risk to
employee health or safety.
‘‘(2) At least every 3 years the Secretary of
Health and Human Services, acting through the Na-
tional Institute for Occupational Safety and Health,
shall, on the basis of the evaluation under paragraph
(1), develop and shall transmit to the Secretary rec-
ommendations identifying toxic materials and harm-
ful physical agents, if any, for which exposure limits
should be modified or established to protect employ-
ees from material impairment of health or functional
capacity. For each such material or agent, the rec-
ommendation shall include a suggested permissible
exposure limit, the basis for the suggested exposure
limit, and, where available, information on feasible
control measures.
‘‘(3) Within 30 days of receipt of recommenda-
tions under paragraph (2), the Secretary shall pub-
lish the recommendations on exposure limits in the
Federal Register and provide a period of 30 days for
public comment. The Secretary shall evaluate the
recommendations and public comments and, within
6 months of the receipt of the recommendations, the
Secretary shall publish a proposed rule to modify,
maintain, or establish exposure limits for each toxic
material and harmful physical agent for which the
Secretary of Health and Human Services has rec-
ommended that such limit should be modified or es-
tablished. If a proposed exposure limit is not the
same as the exposure limit recommended by the Sec-
retary of Health and Human Services, the Secretary
shall explain why the recommended limit is not being
proposed.
‘‘(4) Within one year of the publication of the
proposed exposure limits under paragraph (3), the
Secretary shall issue a final standard, which stand-
ard shall be subject to the requirements of sub-
section (b)(5). If a final exposure limit is not the
same as the exposure limits recommended by the
Secretary of Health and Human Services, the Sec-
retary shall explain why the recommended exposure
limit is not being adopted.
‘‘(5) In addition to the periodic review of per-
missible exposure limits required by paragraph (1),
the Secretary shall also establish or modify exposure
limits for toxic materials and harmful physical
agents whenever such action is warranted, pursuant
to subsections (b)(5) and (g).’’.
SEC. 406. EXPOSURE MONITORING AND HEALTH SURVEIL-
LANCE.
Section 6 (29 U.S.C. 655) (as amended by section
405) is amended by adding at the end the following:
‘‘(j) Within two years after the effective date of the
Comprehensive Occupational Safety and Health Reform
Act, the Secretary shall promulgate final standards on ex-
posure monitoring and health surveillance programs in the
following manner and in accordance with subsection (b).
‘‘(1) The standard on exposure monitoring shall
include the following:
‘‘(A) Requirements for a formal exposure
assessment where workers may be exposed to
toxic materials or harmful physical agents
which are subject to standards issued under
this section, including toxic materials or harm-
ful physical agents.
‘‘(B) Requirements for regular monitoring
and measurement of toxic materials or harmful
physical agents for which an exposure limit has
been established by the Secretary or adopted by
the employer if such monitoring and measure-
ments will assist in protecting the health and
safety of workers exposed to such toxic mate-
rials or harmful physical agents.
‘‘(C) Requirements for a written compli-
ance plan for reducing exposures where expo-
sures are determined to exceed limits estab-
lished by the Secretary or adopted by the em-
ployer.
‘‘(D) Requirements for employees to be no-
tified in writing of exposures to toxic materials
or harmful physical agents above exposure lim-
its established by the Secretary or adopted by
the employer and the steps the employer is tak-
ing to reduce such exposures.
‘‘(E) Requirements for maintenance and
access to records of exposure to toxic materials
or harmful physical agents.
‘‘(2) The standard on health surveillance pro-
grams shall include the following:
‘‘(A) Requirements for an evaluation of
employee exposure assessments and exposure
monitoring to identify which employees may be
at risk of material impairment of health or
functional capacity due to exposure to toxic ma-
terials or harmful physical agents.
‘‘(B) Requirements for periodic medical ex-
aminations for employees identified to be at
risk of material impairment of health or func-
tional capacity due to exposure to toxic mate-
rials or harmful physical agents where such ex-
aminations are appropriate to identify or to
prevent material impairment of health or func-
tional capacity.
‘‘(C) Requirements for the evaluation of
the results of medical examinations to deter-
mine if an employee or a group of employees
are exhibiting indications of present or potential
material impairment of health or functional ca-
pacity due to exposure to toxic substances or
harmful physical agents.
‘‘(D) Requirements for the notification of
employees of the results of medical examina-
tions in a manner that is understood by the em-
ployees.
‘‘(E) Provisions setting forth the qualifica-
tions for health care providers who may conduct
required medical examinations. Where feasible,
the Secretary in cooperation with the Secretary
of Health and Human Services shall establish
criteria and procedures for the certification of
health care providers who conduct medical ex-
aminations.
‘‘(F) Provisions to assure the confidential-
ity of personally identifiable medical informa-
tion.
‘‘(G) Provisions to prohibit discrimination
against employees based on the results of medi-
cal examinations, and as appropriate provisions
to provide protection of the wages, benefits, and
other terms and conditions of employment of
employees who are transferred or removed from
their jobs due to the result of medical examina-
tions.
‘‘(H) Records developed under this sub-
section shall be maintained and made available
according to regulations published at 29 CFR
1910.20.’’.
SEC. 407. STANDARD ON ERGONOMIC HAZARDS.
Section 6 (29 U.S.C. 655) (as amended by section
406) is amended by adding at the end the following:
‘‘(k) Within 2 years of the effective date of the Com-
prehensive Occupational Safety and Health Reform Act,
the Secretary shall issue a final standard on ergonomic
hazards to protect employees from work-related musculo-
skeletal disorders in accordance with subsection (b)(5).
The standard shall include the following:
‘‘(1) Requirements for an ergonomics program
where employees are exposed to ergonomic hazards
which requirements shall include provisions for haz-
ard identification, control measures, medical man-
agement, training and education, and employee par-
ticipation.
‘‘(2) Requirements for an evaluation of job
processes, work station design, rate of work, and
work methods to identify ergonomic risk factors that
cause or are likely to cause musculoskeletal dis-
orders.
‘‘(3) Requirements for control measures to re-
duce stressors and musculoskeletal disorders, includ-
ing engineering controls, new equipment, or work or-
ganization controls.
‘‘(4) Requirements for an effective medical
management program for musculoskeletal disorders,
including requirements for qualified health care pro-
viders, health surveillance, appropriate diagnosis,
treatment, and follow up.
‘‘(5) Requirements for recording musculo-
skeletal disorders as an illness and reporting such
illnesses to the Secretary.
‘‘(6) Requirements for training and education
of employees exposed to ergonomic hazards on
ergonomic risk factors, control measures, and the
employer’s medical management program.
‘‘(7) Requirements for employee participation in
the establishment and implementation of the employ-
er’s ergonomic program through any safety and
health committee established under section 28.’’.
SEC. 408. EMERGENCY TEMPORARY STANDARD.
Section 6(c) (29 U.S.C. 655(c)) is amended—
(1) in paragraph (1), by striking ‘‘if he deter-
mines’’ and inserting ‘‘if the Secretary determines
on the basis of the best available evidence’’; and
(2) in paragraph (3), by striking ‘‘six months’’
and inserting ‘‘18 months’’.
SEC. 409. AIR CONTAMINANTS.
Not later than 60 days after the date of the enact-
ment of this Act, The Secretary of Labor shall issue an
interim final regulation reducing permissible exposure lim-
its to toxic substances. Such interim final regulation shall
include and place into effect—
(1) the final rule on air contaminants published
at 54 Federal Register 2332 (January 19, 1989),
and
(2) the proposed rule on air contaminants for
construction, agriculture, and maritime published at
57 Federal Register 26001 (June 12, 1992).
Such interim final regulation shall take effect upon its is-
suance (except that such regulation may include a reason-
able delay in the effective date of specific provisions) and
shall have the legal effect of an occupational safety and
health standard issued under section 6 of the Occupational
Safety and Health Act of 1970.
TITLE V—ENFORCEMENT
SEC. 501. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS.
Section 8(e) (29 U.S.C. 657(e)) (as amended by sec-
tion 201(b)) is amended by inserting after the first sen-
tence the following: ‘‘Time spent by an employee on any
such inspection shall be deemed to be hours worked and
no employee shall suffer any loss of wages, benefits, and
other terms and conditions of employment for having par-
ticipated in the inspection.’’.
SEC. 502. TIME FRAME FOR RESPONSE TO COMPLAINTS.
The last sentence of section 8(f)(1) (29 U.S.C.
657(f)(1)) is amended by inserting before the period the
following: ‘‘within 30 days of receipt of the request for
inspection’’.
SEC. 503. COMPLAINTS.
Section (8)(f)(1) (29 U.S.C. 657(f)(1)) is amended—
(1) by inserting ‘‘the Act or’’ after ‘‘a violation
of’’;
(2) in the second sentence, by striking out ‘‘Any
such notice’’ through ‘‘and a copy shall be provided’’
and inserting in lieu thereof the following: ‘‘Any
such notice shall set forth with reasonable particu-
larity the grounds for the notice, and a copy of the
notice if written or a summary of the notice if oral
shall be provided’’; and
(3) by adding at the end the following: ‘The
Secretary shall make a special inspection in accord-
ance with this section upon notification from any
Federal or State agency that there are reasonable
grounds to believe that a violation of this Act or
safety and health standard under section 6 exists
that threatens physical harm.’’.
SEC. 504. MANDATORY SPECIAL EMPHASIS.
Section 8 (29 U.S.C. 657) is amended by adding at
the end the following:
‘‘(h)(1) The Secretary shall establish and carry out
a special emphasis inspection program for conducting in-
spections of industries or operations where—
‘‘(A) existing hazards, or
‘‘(B) newly recognized or new hazards intro-
duced into worksites,
warrant more intensive than normal inspections, as deter-
mined by the Secretary.
‘‘(2) The Secretary shall annually designate the in-
dustries and operations for the special emphasis inspection
program and identify the number of special emphasis in-
spections that the Secretary plans to conduct in each des-
ignated industry and operation and the number of enforce-
ment personnel required for such inspections.
‘‘(3) Inspections conducted under paragraph (1) shall
be in addition to other programmed and complaint inspec-
tions conducted under this Act.
‘‘(4) The Secretary shall annually submit a report to
the Congress on the special emphasis inspection program
as part of the Secretary’s annual report required under
section 26 which includes information on inspections con-
ducted pursuant to paragraph (2) which were carried out
during the preceding year.’’.
SEC. 505. INVESTIGATIONS OF DEATHS AND SERIOUS INCI-
DENTS.
Section 8 (29 U.S.C. 657) (as amended by section
504) is amended by adding at the end the following:
‘‘(i)(1) The Secretary shall investigate any work-re-
lated death or serious incident.
‘‘(2) If a death or serious incident occurs in a place
of employment covered by this Act, the employer shall no-
tify the Secretary of the death or serious incident and shall
take appropriate measures to prevent the destruction or
alteration of any evidence that would assist in investigat-
ing the death or serious incident. The appropriate meas-
ures required by this paragraph do not prevent an em-
ployer from taking action on a worksite to prevent injury
to employees or substantial damage to property. If an em-
ployer takes such action, the employer shall notify the Sec-
retary of the action in a timely fashion.
‘‘(3) As used in this subsection, the term ‘serious in-
cident’ means an incident that results in the hospitaliza-
tion of 2 or more employees.’’.
SEC. 506. ABATEMENT OF SERIOUS HAZARDS DURING EM-
PLOYER CONTESTS TO A CITATION.
(a) CITATIONS AND ENFORCEMENT.—Section 10 (29
U.S.C. 659) is amended as follows:
(1) in subsection (b), by inserting after ‘‘which
period’’ the following: ‘‘for other than serious viola-
tions’’;
(2) by adding at the end the following:
‘‘(d) For each violation which the Secretary charac-
terizes as serious, willful, or repeated, the period permitted
for the correction of the violation shall begin to run upon
receipt of the citation. The filling of a notice of contest
by an employer shall not operate as a stay of the period
for correction of the violation. In cases where the failure
to stay the period for correction of the violation may pose
an undue hardship for an employer, the Commission, on
the basis of an employer’s motion, may stay the running
of such period while proceedings before the Commission
are pending. In determining whether a stay should be is-
sued, the Commission shall consider—
‘‘(1) whether the employer has demonstrated a
likelihood of success on the merits;
‘‘(2) whether the employer will suffer irrep-
arable harm absent a stay;
‘‘(3) whether issuance of the stay will substan-
tially injure the other parties interested in the pro-
ceeding; and
‘‘(4) the public interest.’’.
(b) PENALTIES.—Section 17(d) (29 U.S.C. 666(d))
is amended by inserting after ‘‘which period’’ the follow-
ing: ‘‘for other than serious violations’’.
(c) EMPLOYER CONTEST.—Section 10(c) (29 U.S.C
659) is amended by inserting after the first sentence the
following: ‘‘The pendence of a contest before the Commis-
sion shall not bar the Secretary from inspecting a place
of employment or from issuing a citation under section
9.’’.
(d) STATUTE
OF LIMITATION.—Section 9(c) (29
U.S.C 658(c)) is amended by adding at the end the follow-
ing: ‘‘The six month time limit shall not apply to a notifi-
cation of penalty.’’.
(e) VERIFICATION OF ABATEMENT.—Section 10 (as
amended by subsection (a)) is amended by adding at the
end thereof the following:
‘‘(e) Each employer to whom a citation for a serious,
willful or repeated violation has been issued under section
9 shall verify the abatement of such violation in writing
to the Secretary not later than 30 days after the period
for correction of the violation has expired. Such verifica-
tion shall include appropriate documentary evidence of
abatement. In addition, each such employer shall promi-
nently post, within 10 days after the verification of abate-
ment, at or near each place a violation occurred a notice
that the violation has been abated, and shall make avail-
able to employees and employee representatives for inspec-
tion a copy of the verification of abatement provided to
the Secretary pursuant to this subsection. The Secretary
shall issue regulations to implement this subsection within
one year of the date of the enactment of the Comprehen-
sive Occupational Safety and Health Reform Act.’’.
SEC. 507. RIGHT TO CONTEST CITATIONS AND PENALTIES.
The first sentence of section 10(c) (29 U.S.C. 659(c))
is amended by—
(1) inserting after ‘‘9(a)’’ the second time it ap-
pears the following: ‘‘or a modification of a cita-
tion’’, and
(2) inserting after ‘‘files a notice with the Sec-
retary’’ the following: ‘‘alleging that the citation fails
properly to designate the violation as serious, willful,
or repeated, or that the proposed penalty is not ade-
quate, or’’.
SEC. 508. RIGHT OF EMPLOYEE REPRESENTATIVES TO PAR-
TICIPATE IN OTHER PROCEEDINGS.
The last sentence of section 10(c) (29 U.S.C. 659(c))
is amended by striking out ‘‘hearings’’ and inserting in
lieu thereof ‘‘proceedings’’.
SEC. 509. OBJECTIONS TO MODIFICATION OF CITATIONS.
Section 10 (29 U.S.C. 659) (as amended by section
506(e)) is amended by adding at the end the following:
‘‘(f)(1) If the Secretary intends to withdraw or to
modify a citation as a result of any agreement with the
cited employer, the rules of procedure prescribed by the
Commission shall provide for prompt notice to affected
employees or representatives of affected employees, which
notice shall include the terms of the proposed agreement.
‘‘(2) Within 15 working days of receipt of the notice
provided in accordance with paragraph (1), any employee
or representative of employees, regardless of whether such
employee or representative has previously elected to par-
ticipate in the proceedings, shall have the right to file a
notice with the Secretary alleging that the proposed agree-
ment fails to effectuate the purposes of this Act and stat-
ing the respects in which it fails to do so.
‘‘(3) Upon receipt of a notice filed under paragraph
(2), the Secretary shall consider the matter, and if the
Secretary determines to proceed with the proposed agree-
ment, the Secretary shall respond with particularity to the
statements presented in that notice.
‘‘(4) Within 15 working days following the Sec-
retary’s response provided pursuant to paragraph (3), the
employee or representative of employees shall, upon a re-
quest to the Commission, have the right to a hearing as
to whether adoption of the proposed agreement would ef-
fectuate the purposes of this Act, including a determina-
tion as to whether the proposed agreement would ade-
quately abate the alleged violations.
‘‘(5) If the Commission determines that a proposed
agreement fails to effectuate the purposes of this Act, the
proposed agreement shall not be entered as an order of
the Commission and the citation shall not be withdrawn
or modified in accordance with the proposed agreement.’’.
SEC. 510. IMMINENT DANGER INSPECTIONS.
(a) SPECIAL CONDITIONS AND PRACTICES.—Section
13 (29 U.S.C. 662) is amended—
(1) by striking out subsection (c), by redesig-
nating subsections (a) and (b) as subsections (b)
and (c), respectively, and by inserting before sub-
section (b) (as so redesignated) the following:
‘‘(a)(1) If the Secretary determines, on the basis of
an inspection or investigation under this section, that a
condition or practice in a place of employment is such that
an imminent danger to safety or health exists that could
reasonably be expected to cause death or serious physical
harm or permanent impairment of the health or functional
capacity of employees if not corrected immediately, the
Secretary shall so inform the employer and affected em-
ployees and shall request that the condition or practice
be corrected immediately or that employees be imme-
diately removed from exposure to such danger.
‘‘(2) If the employer refuses to comply with the re-
quest under paragraph (1), the Secretary shall imme-
diately cause notice to be posted in the workplace identify-
ing the equipment, process, or practice that is the source
of the imminent danger. Such notice shall take the form
of a tag or other device that will be seen by employees
who might otherwise be exposed to the dangerous equip-
ment, process, or practice. The notice shall be removed
only by the Secretary.
‘‘(3) The fact that notice under paragraph (2) has
been posted shall be noted in any citation issued pursuant
to section 9 with respect to the hazard involved.
‘‘(4) No person shall discharge or in any manner dis-
criminate against any employee because such employee
has refused to perform a duty that has been identified as
the source of an imminent danger by a notice posted pur-
suant to paragraph (2). The right to refuse to perform
such a duty shall be in addition to any other right to
refuse to perform hazardous work that is afforded to em-
ployees by this Act, by standards or regulations issued
pursuant to this Act, by contract, or by other applicable
law.’’; and
(2) by amending the first sentence of subsection
(b) (as so redesignated) to read as follows: ‘‘The
United States district courts shall have jurisdiction,
upon petition of the Secretary, to restrain any condi-
tions or practices in any place of employment which
pose an imminent danger as described in subsection
(a).’’.
(b) PENALTIES.—Section 17 is amended by redesig-
nating subsections (h) through (l) as subsections (i)
through (m), respectively, and by inserting after sub-
section (g) the following:
‘‘(h) In the event that an employer does not imme-
diately correct the hazard referenced in a notice posted
under section 13(a)(2) or remove all employees from expo-
sure thereto, the employer shall be assessed a civil penalty
of not less than $10,000 and not more than $50,000 for
each day during which an employee continues to be ex-
posed to the hazard unless the Commission determines the
condition or practice is not of such nature as to be covered
by section 13(a).’’.
SEC. 511. CITATIONS AND PENALTIES FOR VIOLATIONS.
(a) CITATIONS.—Section 9(a) is amended by insert-
ing ‘‘, 27 or 28’’ after ‘‘section 5’’.
(b) PENALTIES.—Section 17 is amended—
(1) in subsection (a), by inserting ‘‘, 27, 28, or
30’’ after ‘‘section 5’’,
(2) in subsection (b), by inserting ‘‘, 27, 28, or
30’’ after ‘‘section 5’’, and
(3) in subsection (c), by inserting ‘‘, 27, 28, or
30’’ after ‘‘section 5’’.
SEC. 512. OSHA CRIMINAL PENALTIES.
(a) IN GENERAL.—Section 17 (29 U.S.C. 666) (as
amended by section 510(b)) is amended—
(1) in subsection (e)—
(A) by inserting after ‘‘employer’’ the fol-
lowing: ‘‘and every officer, management official,
or supervisor having direction, management,
control, or custody of any place of employment
of such employee’’;
(B) by striking out ‘‘fine of not more than
$10,000’’ and inserting in lieu thereof ‘‘fine in
accordance with section 3571 of title 18, United
States Code,’’;
(C) by striking out ‘‘six months’’ and in-
serting in lieu thereof ‘‘10 years’’;
(D) by striking out ‘‘fine of not more than
$20,000’’ and inserting in lieu thereof ‘‘fine in
accordance with section 3571 of title 18, United
States Code,’’; and
(E) by striking out ‘‘one year’’ and insert-
ing in lieu thereof ‘‘20 years’’;
(2) in subsection (f), by striking out ‘‘fine of
not more than $1,000 or by imprisonment for not
more than six months,’’ and inserting in lieu thereof
‘‘fine in accordance with section 3571 of title 18,
United States Code, or by imprisonment for not
more than 2 years,’’;
(3) in subsection (g), by striking out ‘‘fine of
not more than $10,000, or by imprisonment for not
more than six months,’’ and inserting in lieu thereof
‘‘fine in accordance with section 3571 of title 18,
United States Code, or by imprisonment for not
more than 1 year,’’;
(4) by redesignating subsections (i) through
(m) as subsections (j) through (n), respectively;
(5) by inserting after subsection (h) the follow-
ing:
‘‘(i) Any employer and any officer, management offi-
cial, or supervisor having direction, management, control,
or custody of any place of employment who willfully vio-
lates any standard, rule, or order promulgated pursuant
to section 6, or any regulation prescribed pursuant to this
Act, and that violation causes serious bodily injury to any
employee but does not cause death to any employee, shall,
upon conviction, be punished by a fine in accordance with
section 3571 of title 18, United States Code, or by impris-
onment for not more than 5 years, or by both, except that
if the conviction is for a violation committed after a first
conviction of such person under this subsection or sub-
section (e), punishment shall be by a fine in accordance
with section 3571 of title 18, United States Code, or by
imprisonment for not more than 10 years, or by both.’’;
and
(6) by adding at the end the following:
‘‘(o) If a penalty or fine is imposed on a director,
officer, or agent of an employer under subsection (e), (f),
(g), or (i), such penalty or fine shall not be paid out of
the assets of the employer on behalf of that individual.’’.
(b) DEFINITION.—Section 3 (29 U.S.C. 652) is
amended by adding at the end the following:
‘‘(15) The term ‘serious bodily injury’ means
bodily injury that involves—
‘‘(A) a substantial risk of death;
‘‘(B) protracted unconsciousness;
‘‘(C) protracted and obvious physical dis-
figurement; or
‘‘(D) protracted loss or impairment of the
function of a bodily member, organ, or mental
faculty.’’.
(c) JURISDICTION FOR PROSECUTION UNDER STATE
AND LOCAL CRIMINAL LAWS.—Section 17 (29 U.S.C.
666) (as amended by subsection (a) of this section) is
amended by adding at the end the following:
‘‘(p) Nothing in this Act shall preclude State and
local law enforcement agencies from conducting criminal
prosecutions in accordance with the laws of such State or
locality.’’.
SEC. 513. COMMISSION MEMBER’S TERMS.
Section 12(b) (29 U.S.C. 661(b)) is amended by add-
ing after the first sentence the following: ‘‘A member of
the Commission may serve after the expiration of the
member’s term until a successor has taken office.’’.
SEC. 514. INSPECTIONS.
Section 8(a) (29 U.S.C. 657(a)) is amended by add-
ing after and below paragraph (2) the following: ‘‘In car-
rying out the inspection authority under this section, the
Secretary shall establish an effective system for targeting
inspections of worksites, especially worksites with a high
potential for death, serious injury, or exposure to toxic
materials or harmful physical agents and shall establish
priorities for such inspections to ensure that enforcement
activities are concentrated on such worksites.’’.
SEC. 515. EMPLOYEE ACCOUNTABILITY.
Section 9 (29 U.S.C. 658) is amended by adding at
the end the following:
‘‘(d) A citation issued under subsection (a) to an em-
ployer who violates the requirements of section 5, any
standard, rule, or order promulgated pursuant to section
6, or any other regulation promulgated under this Act
shall be vacated if such employer demonstrates that—
‘‘(1) employees of such employer have been pro-
vided with the proper training and equipment to pre-
vent such a violation;
‘‘(2) work rules designed to prevent such a vio-
lation have been established and adequately commu-
nicated to employees by such employer and have
been effectively enforced when such a violation has
been discovered;
‘‘(3) the failure of employees to observe work
rules led to the violation; and
‘‘(4) reasonable steps have been taken by such
employer to discover any such violation.’’.
SEC. 516. SERIOUS PENALTY.
Section 17(b) (29 U.S.C. 656(b)) is amended by in-
serting ‘‘(1)’’ after ‘‘(b)’’ and by adding at the end the
following:
‘‘(2) The minimum penalty for a violation described
in paragraph (1) shall be at least $1,000. The amount
of any such increased penalty collected by the Secretary
(beyond fiscal year 1992 penalty collection levels) shall be
credited as an offsetting collection to the appropriation ac-
count of the Secretary for expenses for the administration
of this Act and shall remain available to the Secretary
until expended.’’.
TITLE VI—PROTECTION OF EM-
PLOYEES FROM DISCRIMINA-
TION
SEC. 601. ANTIDISCRIMINATION PROVISIONS.
(a) EMPLOYEE
ACTIONS.—Section 11(c)(1) (29
U.S.C. 660(c)(1)) is amended by adding before the period
at the end the following: ‘‘including reporting any injury,
illness or unsafe condition to the employer, agent of the
employer, the safety and health committee, or employee
safety and health representative’’
(b) PROCEDURE.—Section 11(c) (29 U.S.C. 660(c)
is amended by striking out paragraphs (2) and (3) and
inserting in lieu thereof the following:
‘‘(2) No person shall discharge or in any manner dis-
criminate against an employee for refusing to perform the
employee’s duties when the employee has a reasonable ap-
prehension that performing such duties would result in se-
rious injury to the employee or other employees. The cir-
cumstances causing the employee’s apprehension of seri-
ous injury must be of such a nature that a reasonable per-
son, under the circumstances then confronting the em-
ployee would conclude that there is a bona fide danger
of an injury or serious impairment of health resulting from
the circumstances. In order to qualify for protection, the
employee, when practicable, must have sought from his
employer, and have been unable to obtain, correction of
the circumstances causing the refusal to perform the em-
ployee’s duties.
‘‘(3) Any employee who believes that the employee
has been discharged, disciplined, or otherwise discrimi-
nated against by any person in violation of paragraph (1)
or (2) may, within 180 days after such alleged violation
occurs, file (or have filed by any person on the employee’s
behalf) a complaint with the Secretary alleging such dis-
charge, discipline, or discrimination violates paragraph (1)
or (2). Upon receipt of such a complaint, the Secretary
shall notify the person named in the complaint of the filing
of the complaint.
‘‘(4)(A)(i) Within 60 days of receipt of a complaint
filed under paragraph (3), the Secretary shall conduct an
investigation and determine whether there is reasonable
cause to believe that the complaint has merit. During the
investigation, the Secretary shall notify the respondent to
the complaint of the charges made in the complaint, shall
provide the respondent with an opportunity to meet the
investigator conducting the investigation, to submit a re-
sponse to such charges, and to present witnesses to rebut
such charges. The Secretary shall also consider the result
of any collectively bargained grievance proceeding which
may have been held with respect to such charges. Upon
completion of the investigation, the Secretary shall notify
the complainant and the respondent to the complaint of
the Secretary’s findings. Where the Secretary has con-
cluded that there is reasonable cause to believe that a vio-
lation has occurred, the Secretary’s findings shall be ac-
companied by a preliminary order providing the relief pre-
scribed by subparagraph (B).
‘‘(ii) After the Secretary has made findings either the
person alleged to have committed the violation or the com-
plainant may, within 30 days, file objections to the find-
ings or preliminary order, or both, and request a hearing
on the record, except that the filing of such objections
shall not operate to stay any reinstatement remedy con-
tained in the preliminary order. If the Secretary does not
issue findings with respect to a complaint within 90 days
of the receipt of the complaint, the complainant may re-
quest a hearing on the record on the complaint.
‘‘(iii) A hearing requested under clause (ii) shall be
expeditiously conducted. Where a hearing is not timely re-
quested, the preliminary order shall be deemed a final
order which is not subject to judicial review. Upon the con-
clusion of such hearing, the Secretary shall issue a final
order within 120 days. In the interim, such proceedings
may be terminated at any time on the basis of a settlement
agreement entered into by the Secretary, the complainant,
and the person alleged to have committed the violation.
‘‘(B) If, in response to a complaint filed under para-
graph (3), the Secretary determines that a violation of
paragraphs (1) or (2) has occurred, the Secretary shall
order—
‘‘(i) the person who committed such violation to
correct the violation,
‘‘(ii) such person to reinstate the complainant
to the complainant’s former position together with
the compensation (including back pay), terms, condi-
tions, and privileges of the complainant’s employ-
ment, and
‘‘(iii) compensatory damages.
If such an order is issued, the Secretary, at the request
of the complainant, may assess against the person against
whom the order is issued a sum equal to the aggregate
amount of all costs and expenses (including attorney’s
fees) reasonably incurred, as determined by the Secretary,
by the complainant for, or in connection with, the bringing
of the complaint upon which the order was issued.
‘‘(5)(A) Any person adversely affected or aggrieved
by an order issued after a hearing under paragraph (4)(A)
may obtain review of the order in the United States Court
of Appeals for the circuit in which the violation, with re-
spect to which the order was issued, allegedly occurred,
or the circuit in which such person resided on the date
of such violation. The petition for review must be filed
within 60 days from the issuance of the Secretary’s order.
Such review shall be in accordance with the provisions of
chapter 7 of title 5, United States Code, and shall be
heard and decided expeditiously.
‘‘(B) Whenever a person has failed to comply with
an order issued under paragraph (4)(A), the Secretary
shall file a civil action in the United States district court
for the district in which the violation was found to occur
in order to enforce such order. In actions brought under
this subparagraph, the district court shall have jurisdic-
tion to grant all appropriate relief, including injunctive re-
lief, reinstatement, and compensatory damages.
‘‘(6) In determining whether a violation of paragraph
(1) or (2) has occurred, the legal burdens of proof are
as follows:
‘‘(A) A violation of paragraph (1) or (2) may
be determined to have occurred only if the complain-
ant demonstrates that the exercise of a right pro-
tected by such paragraph was a contributing factor
in the discharge or discrimination alleged in the
complaint.
‘‘(B) Relief may not be ordered if the employer
named in the complaint demonstrates by clear and
convincing evidence that the employer would have
taken the same unfavorable action against the com-
plainant in the absence of the complainant’s exercise
of such protected rights.’’.
SEC. 602. POSTING OF EMPLOYEE RIGHTS.
Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by
adding at the end the following: ‘‘Such regulations shall
include provisions requiring employers to post for employ-
ees the protections afforded under section 11(c).’’.
TITLE VII—TECHNICAL
ASSISTANCE AND TRAINING
SEC. 701. TECHNICAL ASSISTANCE TO EMPLOYERS AND EM-
PLOYEES.
Section 7 (29 U.S.C. 656) is amended by adding at
the end the following:
‘‘(d)(1) The Secretary shall develop and disseminate,
directly or by grant or contract, training curricula, model
programs, and other information and materials designed
to assist employers in complying with—
‘‘(A) the requirements for safety and health
programs and employee safety and health training
and education under section 27,
‘‘(B) the requirements for safety and health
committees under section 28,
‘‘(C) the requirements of section 5, including
the requirements of standards issued under section
6, and
‘‘(D) other requirements of this Act.
‘‘(2) The Secretary shall establish and implement a
program to provide technical assistance and consultative
services for employers and employees, either directly or by
grant or contract, concerning worksite safety and health
and compliance with this Act. Such assistance and con-
sultative services shall be targeted at small employers,
high hazard worksites, and high hazard industries.
‘‘(e)(1) There is established in the Treasury of the
United States a revolving fund to be known as the ‘OSHA
Assistance Fund’ (hereinafter in this subsection referred
to as the ‘Fund’). The Fund shall be used to pay the costs
of implementing subsection (d) (including administrative
and personnel expenses). Monies in the Fund shall be
available without fiscal year limitation to the Secretary for
such purpose.
‘‘(2)(A) The Secretary shall charge fees in accordance
with this paragraph to offset the cost of implementing sub-
section (d). Such fees—
‘‘(i) shall be imposed on a uniform basis on per-
sons receiving assistance under subsection (d);
‘‘(ii) shall not exceed the cost of implementing
subsection (d); and
‘‘(iii) with respect to each person receiving such
assistance, shall bear a reasonable relationship to
the cost of providing such assistance to such person.
‘‘(B) Fees received by the Secretary under this sub-
section shall be deposited in the Fund.
‘‘(C) The Secretary shall report with respect to each
fiscal year to the Congress on the operation of the Fund
and shall include in such report—
‘‘(i) a summary of the assistance which the Sec-
retary has provided under subsection (d) with mon-
ies in the Fund in the fiscal year for which such re-
port is prepared;
‘‘(ii) the cost to the Secretary to provide such
assistance; and
‘‘(iii) the amount of any fee received by the Sec-
retary for such assistance.
‘‘(3) The Secretary of the Treasury shall invest the
portion of the Fund not required to satisfy current ex-
penditures from the Fund, as determined by the Sec-
retary, in obligations of the United States or obligations
guaranteed as to principal by the United States. Invest-
ment proceeds shall be deposited in the Fund.
‘‘(4) There is transferred to the Fund $30,000,000
from the Salaries and Expenses appropriation of the Sec-
retary for fiscal year 1994.’’.
TITLE VIII—RECORDKEEPING
AND REPORTING
SEC. 801. DATA COLLECTED BY SECRETARY.
Section 24(a) (29 U.S.C. 673) is amended—
(1) by designating the first through third sen-
tences as paragraphs (1) through (3), respectively;
and
(2) by adding at the end the following:
‘‘(4)(A) For the purpose of setting safety and health
standards, targeting inspections to individual establish-
ments, evaluating standard setting and enforcement pro-
grams, and for other purposes, the Secretary shall collect
such information as may be necessary and conduct analy-
ses that identify—
‘‘(i) industries, employers, establishments, proc-
esses, operations, and occupations that have a high
rate of injury or illness;
‘‘(ii) factors that cause or contribute to injuries
and illnesses;
‘‘(iii) workers’ compensation and other costs as-
sociated with the injuries and illnesses; and
‘‘(iv) employee exposures to toxic substances
and harmful physical agents.
‘‘(B) Data collected under subparagraph (A) shall be
publicly available in a form suitable for further statistical
analysis.
‘‘(C) The Secretary shall issue regulations that re-
quire each employer covered by this Act to report to the
Secretary each work-related death of an employee of the
employer immediately upon knowledge of the employer
and to report each serious incident that results in the hos-
pitalization of 2 or more employees of the employer within
24 hours of the incident.’’.
SEC. 802. EMPLOYEE REPORTED ILLNESSES.
Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by
striking ‘‘injuries and illnesses other than minor injuries
requiring only first aid treatment and’’ and inserting ‘‘in-
juries, illnesses, a work-related illness reported by an em-
ployee or an employee’s physician unless the employer
makes a reasonable determination that the illness is not
work related, and an adverse medical condition determined
as a result of a medical examination or test conducted
under an occupational safety and health standard.
Records and reports shall not be required for minor inju-
ries requiring only first aid treatment and’’.
SEC. 803. EMPLOYEE ACCESS.
Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by
adding at the end the following: ‘‘The records and reports
required under this section shall be made available to the
Secretary, to the Secretary of Health and Human Serv-
ices, to employees, and to employee representatives.’’.
TITLE IX—NIOSH
SEC. 901. HAZARD EVALUATION REPORTS.
Section 20(a)(6) (29 U.S.C. 669(a)(6)) is amended—
(1) in the second sentence, by inserting ‘‘,
whether any potentially hazardous condition or
harmful physical agent found in the place of employ-
ment poses a risk to exposed employees’’ after ‘‘as
used or found’’; and
(2) by inserting after the second sentence the
following: ‘‘If a determination is not made within 6
months of the request, the Secretary shall provide
the employer and employees with an interim report
on the known or suspected hazards, a recommenda-
tion for control, and an estimate of the time that a
final determination will be made.’’.
SEC. 902. SAFETY RESEARCH.
Section 20(a) (29 U.S.C. 669(a)) is amended by add-
ing at the end the following:
‘‘(8) The Secretary of Health and Human Services
shall identify major factors contributing to occupational
injuries and deaths through accident investigations and
epidemiological research.’’.
SEC. 903. CONTRACTOR RIGHTS.
Section 20(b) (29 U.S.C. 669(b)) is amended in the
first sentence by inserting after ‘‘Secretary of Health and
Human Services’’ the following: ‘‘or the Secretary’s des-
ignees or contractors’’
SEC. 904. NATIONAL SURVEILLANCE PROGRAM.
Section 20 (29 U.S.C. 669) is amended by adding
at the end the following:
‘‘(f)(1) The Secretary of Health and Human Services,
acting through the National Institute for Occupational
Safety and Health, shall (in cooperation with other agen-
cies of the Department of Health and Human Services and
the Secretary of Labor), within 2 years of the date of the
enactment of the Comprehensive Occupational Safety and
Health Reform Act, establish a national surveillance pro-
gram to identify cases of occupational illnesses, deaths,
and serious injuries. In conducting the national surveil-
lance program, the Secretary of Health and Human Serv-
ices shall coordinate the activities of the Secretary with
State health agencies and Federal and State workers’
compensation agencies.
‘‘(2)(A) The Secretary of Health and Human Serv-
ices shall collect data each year on the number and charac-
teristics of all occupational deaths, selected occupational
illnesses, and selected occupational injuries.
‘‘(B) In selecting occupational illnesses and injuries
for the collection of data under subparagraph (A), the Sec-
retary of Health and Human Services shall consider the
known frequency of the disorder, the severity of the dis-
order, and the size of the population at risk.
‘‘(3) The Secretary of Health and Human Services
shall prepare reports and analysis of deaths, occupational
illnesses, and injuries collected under the national surveil-
lance program and transmit the information to the Sec-
retary of Labor, State health agencies, employers, employ-
ees, and other interested parties.
‘‘(4) The Secretary of Health and Human Services
may issue regulations to require an employer, through a
physician or other health professional employed by or
under contract to the employer, to report information on
occupational deaths, illnesses and injuries in order to
carry out the provisions of this subsection.’’.
SEC. 905. ESTABLISHMENT OF NIOSH AS A SEPARATE
AGENCY WITHIN PUBLIC HEALTH SERVICE.
The second sentence of section 22(b) (29 U.S.C.
671(b)) is amended by inserting after ‘‘The Institute shall
be’’ the following: ‘‘established as a separate agency within
the United States Public Health Service and be’’.
SEC. 906. CONFORMING AMENDMENTS CHANGING REF-
ERENCES FROM HEW TO HHS.
The Occupational Safety and Health Act of 1970 is
amended by striking out ‘‘Health, Education, and Wel-
fare’’ each place it appears in sections 6 through 8 (29
U.S.C. 655 through 657), sections 20 through 26 (29
U.S.C. 669 through 675), and section 27(c)(1) (29 U.S.C
676(c)(1) and inserting in lieu thereof ‘‘Health and
Human Services’’.
SEC. 907. NIOSH TRAINING.
Section 21(a) (29 U.S.C. 670(a)) is amended by in-
serting after ‘‘education programs to provide an adequate
supply of qualified personnel to carry out the purposes of
this Act,’’ the following: ‘‘including education programs
for employees and members of safety and health commit-
tees, as appropriate,’’
TITLE X—STATE PLANS
SEC. 1001. STATE PLAN COMMITTEES AND PROGRAMS.
Section 18(c) (29 U.S.C. 667(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(7);
(2) by striking the period at the end of para-
graph (8) and inserting a comma; and
(3) by adding at the end the following:
‘‘(9) provides for the development of safety and
health programs and safety and health committees
and training programs that are at least as effective
as those required under sections 27 and 28, and.’’.
SEC. 1002. ACCESS TO INFORMATION; EMPLOYEE RIGHTS.
Section 18(c) (29 U.S.C. 667(c)) (as amended by sec-
tion 1001) is amended by adding at the end the following:
‘‘(10) provides for reporting requirements, pro-
tection of employee rights, and access to information
that are at least as effective as those required under
this Act or other Federal laws which govern access
to information related to this Act.’’.
SEC. 1003. APPLICATION OF FEDERAL STANDARDS.
Section 18 (29 U.S.C. 667) is amended by adding
at the end the following:
‘‘(i) In the event a State, within 6 months after the
promulgation of a safety and health standard by the Sec-
retary under section 6, fails to adopt or promulgate a
standard which is at least as effective as the Secretary’s
standard, the State shall enforce the Secretary’s standard
until a State standard which is at least as effective as such
standard is in effect.’’.
SEC. 1004. COMPLAINTS AGAINST A STATE PLAN.
Section 18 (29 U.S.C. 667) (as amended by section
1003) is amended—
(1) in the third sentence of subsection (e), by
inserting after ‘‘preceding sentence’’ the following:
‘‘except as provided in subsections (f) and (j)’’; and
(2) by adding at the end the following:
‘‘(j)(1) If the Secretary receives a written complaint
from an employer, employee, or employee representative
that a State is deficient in it compliance with a provision
of its State plan and the Secretary determines that there
are reasonable grounds to believe that such deficiency ex-
ists, the Secretary shall promptly investigate any such
complaint, except that complaints which allege a deficiency
in an enforcement action by a State shall be investigated
within 30 days of the receipt of the complaint.
‘‘(2) The Secretary shall, within 30 days of comple-
tion of any investigation, transmit the findings in writing
to the State and to the complainant, which findings in-
clude recommendations to correct any deficiency which is
identified. If the Secretary determines there are no reason-
able grounds to believe that a deficiency exists, the Sec-
retary shall notify the complainant in writing of such de-
termination.
‘‘(3) Within 30 days of the receipt of a finding issued
under paragraph (2), the State shall respond to the Sec-
retary in writing as to what action the State has taken
in response to the Secretary’s findings and recommenda-
tions.
‘‘(4) If after receipt of the response of the State the
Secretary believes a serious violation of this Act exists for
which the State has failed to issue a citation, the Secretary
with reasonable promptness shall issue a citation. Section
9(c) shall not apply with respect to a citation issued under
this paragraph.’’.
SEC. 1005. ACTION AGAINST STATE PLAN.
Section 18(f) (29 U.S.C. 667(f)) is amended—
(1) by designating the first sentence as para-
graph (1);
(2) by redesignating the second sentence as
paragraph (3); and
(3) by inserting after paragraph (1) (as so des-
ignated) the following new paragraph:
‘‘(2)(A) If the Secretary determines at any time that
there are reasonable grounds for concluding there is a fail-
ure to comply substantially with any provision of the State
plan (or any assurance contained therein), the Secretary
shall give notice to the State of the deficiencies which, in
the Secretary’s view, warrant such withdrawal of approval,
and shall allow 6 months for the correction of the defi-
ciencies.
‘‘(B) If after 6 months the Secretary determines that
the State has not corrected the deficiencies and that
grounds for withdrawing approval of the State plan still
exist, the Secretary shall institute proceedings pursuant
to paragraph (3) for the withdrawal of approval of the
plan, unless the Secretary determines in writing that ex-
ceptional circumstances exist that justify a decision not
to institute such proceedings.
‘‘(C) During the pendency of proceedings pursuant
to paragraph (3), the Secretary shall exercise jurisdiction,
concurrent with the State, over the safety and health is-
sues that are subject to the State plan.’’.
SEC. 1006. STATE PLAN CONFORMING AMENDMENTS.
Section 18 (29 U.S.C. 667) (as amended by section
1004) is amended by adding at the end the following:
‘‘(k)(1) Each State which is exercising authority to
operate a State safety and health plan under this section
shall within one year of the effective date of the Com-
prehensive Occupational Safety and Health Reform Act
modify the plan to conform with the requirements of this
Act.
‘‘(2) In the case of a State which the Secretary identi-
fies as—
‘‘(A) requiring State legislation (other than leg-
islation appropriating funds) to modify the State
safety and health plan to conform to the require-
ments of this Act, and
‘‘(B) having a legislature which is not scheduled
to meet within 1 year of the effective date of the
Comprehensive Occupational Safety and Health Re-
form Act in legislative session in which such legisla-
tion may be considered,
the State shall modify the plan to conform to the require-
ments of this Act within 1 year or by the first day of the
first calendar quarter beginning after the close of the first
legislative session of the State legislature that begins after
the effective date of the Comprehensive Occupational Safe-
ty and Health Reform Act, whichever is later. For pur-
poses of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session
shall be deemed to be a separate session of the State legis-
lature.’’.
SEC. 1007. VALIDITY OF STATE LAWS.
Section 18 (29 U.S.C. 667) (as amended by section
1006) is amended by adding at the end the following:
‘‘(l) Nothing in this section shall prevent any State
from enacting or enforcing State public safety and health
laws which are not limited to providing safe and healthful
employment or places of employment, including—
‘‘(1) laws that regulate employees or places of
employment as a means of protecting the safety and
health of both non-employee members of the public
and employees, and
‘‘(2) laws that license individuals to perform
particular types of work.’’.
TITLE XI—VICTIM’S RIGHTS
SEC. 1101. VICTIM’S RIGHTS.
Section 29 is amended to read as follows:
‘‘SEC. 29. VICTIM’S RIGHTS.
‘‘(a) DEFINITION.—For purposes of this section, the
term ‘victim’ means—
‘‘(1) an employee who has sustained a work-re-
lated injury or illness which is the subject of an in-
spection or investigation conducted under section 8,
or
‘‘(2) a family member of an employee if the em-
ployee—
‘‘(A) is killed as a result of a work-related
injury or illness which is the subject of an in-
spection or investigation of a death or serious
incident conducted under section 8; or
‘‘(B) sustains a work-related injury which
is the subject of an inspection or investigation
conducted under section 8 and the employee
cannot reasonably exercise the employee’s rights
under this section.
‘‘(b) RIGHTS.—On request, a victim shall be afforded
the right, with respect to a work-related injury, illness,
or death, to—
‘‘(1) meet with the Secretary or an authorized
representative of the Secretary respecting the inspec-
tion or investigation conducted under section 8 con-
cerning the injury, illness, or death before the Sec-
retary’s decision to issue a citation or to take no ac-
tion, and
‘‘(2) receive, at no cost, a copy of any citation
or report issued as a result of such inspection or in-
vestigation on the date the citation or report is is-
sued, be informed of any notice of contest filed
under section 10.
‘‘(c) MODIFICATION OF CITATION.—Before entering
into an agreement to withdraw or modify a citation issued
as a result of an inspection or investigation of a death
or serious incident under section 8, the Secretary, on re-
quest, shall provide an opportunity to the victim involved
to appear and make a statement before the parties con-
ducting any settlement negotiations.
‘‘(d) NOTIFICATION.—The Secretary shall take rea-
sonable actions to inform victims of their rights under this
section.’’.
TITLE XII—CONSTRUCTION
SAFETY
SEC 1201. DEFINITIONS.
Section 3 (29 U.S.C. 652) (as amended by section
512(b)) is further amended by adding at the end thereof
the following new paragraph:
‘‘(16) For purposes of section 7(c), subsections
(j) through (l) of section 8, and sections 30 and 31:
‘‘(A) The term ‘construction employer’
means an employer as defined in paragraph (5)
(including an employer who has no employees)
who is engaged primarily in the building and
construction industry or who performs construc-
tion work under a contract with a construction
owner, except that a utility providing or receiv-
ing mutual assistance in the case of a natural
or man-made disaster shall not be considered a
construction employer.
‘‘(B) The term ‘construction owner’ means
a person who owns, leases or has effective con-
trol over property with or without improve-
ments, a structure, or other improvement on
real property on which construction work is
being, or will be, performed.
‘‘(C) The term ‘construction project’
means all construction work by one or more
construction employers which is performed for a
construction owner and which is described in
work orders, permits, requisitions, agreements,
and other project documents.
‘‘(D) The term ‘construction work’ means
work for construction, alteration, demolition, or
repair, or any combination thereof, including
painting and decorating, but does not include
work performed under a contract between a
construction employer and a homeowner for
work on the homeowner’s own residence, or rou-
tine maintenance and upkeep performed at least
monthly, and such term shall include work per-
formed under a contract between a construction
employer and an agency of the United States or
any State or political subdivision of a State.
‘‘(E) The term ‘construction worksite’
means a site within a construction project
where construction work is performed by one or
more construction employers.
‘‘(F) The term ‘competent person’ means a
representative of a construction employer who is
capable of identifying safety and health hazards
and has authorization from the employer to
take prompt corrective action.’’.
SEC. 1202. OFFICE OF CONSTRUCTION SAFETY, HEALTH,
AND EDUCATION.
The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) is amended—
(1) by striking out sections 29 through 32 and
section 34; and
(2) by inserting after section 28 the following
new section:
‘‘SEC. 30. OFFICE OF CONSTRUCTION SAFETY, HEALTH,
AND EDUCATION.
‘‘(a) ESTABLISHMENT.—There is established in the
Occupational Safety and Health Administration an Office
of Construction Safety, Health, and Education (herein-
after in this section referred to as the ‘Office’) to ensure
safe and healthful working conditions in the performance
of construction work.
‘‘(b) DUTIES.—The Secretary shall—
‘‘(1) identify construction employers that have
high fatality rates or high lost workday injury or ill-
ness rates or who have demonstrated a pattern of
noncompliance with safety and health standards,
rules, and regulations;
‘‘(2) develop a system for notification of em-
ployers identified under paragraph (1);
‘‘(3) establish, after consultation with the Advi-
sory Committee on Construction Safety and Health,
training courses and curriculum for the training of
inspectors and other persons with duties related to
construction safety and health who are employed by
the Occupational Safety and Health Administration;
‘‘(4) establish model compliance programs for
construction safety and health standards and assist
employers, employees, and organizations represent-
ing employers and employees in establishing training
programs appropriate to such standards; and
‘‘(5) establish a toll-free line on which reports,
complaints, and notifications required under this Act
may be made.
‘‘(c) PERSONNEL.—
‘‘(1) DEPUTY ASSISTANT SECRETARY FOR CON-
STRUCTION.—The Office shall be headed by a Dep-
uty Assistant Secretary of Labor for Construction,
appointed by the Secretary. The Deputy Assistant
Secretary shall coordinate the activities of the Office
and the Advisory Committee on Construction Safety
and Health with the activities of other offices and
directorates within the Occupational Safety and
Health Administration to the extent that the activi-
ties of those other offices and directorates relate to
safety, health, and education in the construction in-
dustry.
‘‘(2) QUALIFICATIONS
OF
INSPECTORS.—The
Secretary, with the advice of the Advisory Commit-
tee on Construction Safety and Health, shall deter-
mine the necessary qualifications and training re-
quirements for individuals employed by the Occupa-
tional Safety and Health Administration whose re-
sponsibilities include the inspection of construction
worksites. Such qualifications and requirements
shall, at a minimum, include—
‘‘(A) a requirement that the inspector,
after receiving appropriate training, have a full
understanding of this Act and the Secretary’s
standards and regulations applicable to con-
struction work; and
‘‘(B) in the case of a construction safety
inspector, at least 5 years of experience working
in the construction industry.’’.
SEC. 1203. CONSTRUCTION SAFETY AND HEALTH PLANS
AND PROGRAMS.
The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) (as amended by section 1202) is fur-
ther amended by adding after section 30 the following new
section:
‘‘SEC. 31. CONSTRUCTION SAFETY AND HEALTH PLANS AND
PROGRAMS.
‘‘(a) PROJECT CONSTRUCTOR.—The Secretary shall,
by regulation, require each construction project to have
an individual or entity (hereinafter referred to as the
‘project constructor’) that is responsible for the establish-
ment of the safety and health plan for such project and
for ensuring that the project safety coordinator exercises
the duties set forth in this Act. Such regulations shall re-
quire that—
‘‘(1) if only one general or prime contractor ex-
ists on a construction project, such contractor shall
be the project constructor, unless such contractor
designates another individual or entity with its con-
sent to be the project constructor; and
‘‘(2) if a construction project has more than
one general or prime contractor, the construction
owner shall be the project constructor unless such
construction owner designates another individual or
entity with its consent to be the project constructor.
‘‘(b) CONSTRUCTION SAFETY AND HEALTH PLAN.—
‘‘(1) IN
GENERAL.—The Secretary shall, by
regulation, require that the project constructor for a
construction project develop and implement a writ-
ten construction safety and health plan for the con-
struction project (hereinafter in this section referred
to as the ‘plan’) to protect employees against haz-
ards which may occur at such project.
‘‘(2) REQUIREMENTS.—The regulations under
paragraph (1) shall, at a minimum, require that the
plan shall include a hazard analysis and construction
process protocol which shall apply to each worksite
of the project. The analysis and protocol shall in-
clude a specific reference to critical conditions in the
construction process which may cause hazards to
exist, identify the methods to be used at such work-
site to ensure the structural stability of all buildings,
structures, and excavations, and list all inspections
and tests required at such worksite to protect the
safety and health of employees.
‘‘(3) AVAILABILITY.—Copies of the plan shall
be made available to each construction employer
prior to commencement of construction work by that
employer.
‘‘(c) PROJECT SAFETY COORDINATOR.—
‘‘(1) IN
GENERAL.—The Secretary shall, by
regulation, require that for every construction
project, the project constructor shall designate a
project safety coordinator appointed by and acting
on behalf of the project constructor. Such regula-
tions shall, at a minimum, require the following:
‘‘(A) The project safety coordinator shall,
on behalf of the project constructor—
‘‘(i) implement the plan;
‘‘(ii) ensure that each construction
employer on the project has a safety and
health program which complies with the
plan and the requirements of subsection
(d);
‘‘(iii) conduct regular inspections of
the worksite to monitor compliance by em-
ployers with the plan and with their safety
and health programs;
‘‘(iv) notify affected construction em-
ployers of any hazardous conditions discov-
ered at a construction worksite or of non-
compliance by an employer with the project
safety and health plan, or the employer’s
own safety and health plan; and
‘‘(v) if the hazard or noncompliance is
not corrected, notify the construction
owner and the project constructor.
‘‘(B) The project safety coordinator shall
issue written approval before an employer may
engage in an operation of a type determined by
the Secretary to pose a substantial risk of death
or serious bodily injury.
‘‘(C) The project safety coordinator shall—
‘‘(i) upon request of any construction
employer, employee, or employee represent-
ative conduct an inspection at a construc-
tion worksite to determine if an imminent
danger exists and shall stop work at, or re-
move affected employees from, an area in
which such a danger exists;
‘‘(ii) investigate each fatality, serious
bodily injury, structural failure, fire, or ex-
plosion that occurs on the project; and
‘‘(iii) notify the Secretary if a con-
struction employer fails promptly to abate
an imminent danger, and request the Sec-
retary to conduct an immediate inspection
of the worksite.
‘‘(D) The project safety coordinator shall
be on site as necessary and be promptly avail-
able at all times that work is being performed
on the project.
‘‘(2) QUALIFICATIONS.—The project safety co-
ordinator shall be an individual who is certified by
an organization or organizations approved by the
Secretary as having fulfilled the requirements of a
standardized training course and testing program
developed or approved by the Secretary with the ad-
vice of the Advisory Committee on Construction
Safety and Health. Until the Secretary develops
such approved procedures, the project safety coordi-
nator shall meet the requirements of a competent
person under subsection (e).
‘‘(d) CONSTRUCTION SAFETY
AND HEALTH PRO-
GRAMS.—The Secretary shall, by regulation, require every
construction employer on a construction project to have
a written safety and health program applicable to the em-
ployer’s work on such project. The Secretary’s regulations
shall, in addition to the requirements under section 27(b),
at a minimum, require the following:
‘‘(1) The program shall provide for safety and
health meetings to review the safety and health pro-
gram to be conducted with construction employees
during working hours prior to the commencement of
the employer’s work on the project. Thereafter, safe-
ty and health meetings shall be held at least monthly
to provide updated information to employees on the
construction process and the hazards associated with
those processes. A safety and health meeting shall be
held with newly hired employees and with those em-
ployees assigned to construction work with which
they are unfamiliar before such work commences.
‘‘(2) The program shall contain procedures for
the emergency evacuation of the employer’s employ-
ees from a construction worksite.
‘‘(3) The program shall contain procedures to
ensure that a competent person is on the construc-
tion worksite at all times that work is being per-
formed by such employer.
‘‘(4) The program shall contain procedures to
ensure that all construction employees of the em-
ployer shall receive or have received within the 12-
month period immediately preceding their employ-
ment, general safety and health training in a man-
ner prescribed by the Secretary. The Secretary shall
prescribe a procedure or procedures by which an em-
ployer may verify that employees have received the
required training.
‘‘(5) The program shall indicate if the employer
has received notification under section 30(b)(2).
‘‘(e) COMPETENT PERSONS.—The Secretary shall, by
regulation, require each construction employer to des-
ignate one or more competent persons who shall be respon-
sible for the administration of the safety and health pro-
gram. Such regulations shall, at a minimum, require the
following:
‘‘(1) A competent person shall be on the con-
struction worksite at all times that work is being
performed by such employer.
‘‘(2) A competent person shall engage in inspec-
tions of the site, materials, and equipment, as appro-
priate, and shall stop work of such employer at, or
remove affected employees of the employer from, an
area in which an imminent danger exists. The com-
petent person shall notify forthwith the project con-
structor or project safety coordinator of the immi-
nent danger and of the action taken to ensure the
prompt abatement of such danger and to prevent its
recurrence.
‘‘(f) APPLICATION.—
‘‘(1) IN GENERAL.—The Secretary, by regula-
tion, may modify the requirements of subsections (a)
through (e), or portions thereof, as they apply to
certain types of construction work or operations
where the Secretary determines that, in light of the
nature of the risks faced by employees engaged in
such work or operation, such a modification would
not adversely affect employee safety and health. In
making such modifications, the Secretary shall take
into account the risk of death or serious injury or
illness, and the frequency of fatalities and the lost
work day injury rate attendant to such work or op-
erations.
‘‘(2) EMERGENCY WORK.—If it is necessary to
perform construction work on a worksite imme-
diately in order to prevent injury to persons, or sub-
stantial damage to property, and such work must be
conducted before compliance with the requirements
of the regulations under subsections (a) through (e)
can be made, the Secretary shall be given notice as
soon as practicable of such work. Compliance with
such requirements shall then be made as soon as
practicable thereafter.’’.
SEC. 1204. INSPECTIONS, INVESTIGATIONS, REPORTING,
AND RECORDKEEPING.
Section 8 (29 U.S.C. 657) (as amended by sections
504 and 505) is further amended by adding at the end
thereof the following new subsections:
‘‘(j)(1) The Secretary shall establish an effective
targeting system for general schedule construction inspec-
tions. In establishing such system, the Secretary shall es-
tablish priorities to ensure that construction enforcement
activities are concentrated on construction projects, work-
sites, or operations having a high potential for deaths, in-
juries or illnesses.
‘‘(2) In establishing construction inspection priorities
under paragraph (1), the Secretary shall give due weight
to—
‘‘(A) the record of compliance with this Act and
its regulations by particular construction employers;
and
‘‘(B) the fatality rate and the lost workday in-
jury rate attributable to particular construction own-
ers and construction employers and particular types
of construction projects and construction operations.
‘‘(3) The Secretary shall use reports and notices filed
with the Secretary and other pertinent information to de-
velop the construction inspection priorities required under
this subsection.
‘‘(4) The construction inspection priorities required
by paragraph (1) shall not have the effect of limiting the
Secretary’s authority to conduct inspections of any em-
ployer or worksite under other provisions of this Act.
‘‘(5) The Secretary shall, by regulation, require that,
before the commencement of (A) specific, highly hazard-
ous construction work, or (B) work by employers identified
under section 30(b)(1), the project constructor shall re-
port to the Secretary information regarding the project to
allow the Secretary, on the basis of the inspection priority
system required by paragraph (1), to determine whether
to conduct an inspection of such project or of a worksite
or worksites on such project. Such regulations shall re-
quire, at a minimum, that the information reported in-
clude the location of the project or worksite, the names
of the construction owner, project constructor, project
safety coordinator, and construction employers working on
the project, the type of work to be performed, and the
anticipated dates of such construction activities.
‘‘(k)(1) The Secretary shall, by regulation, require
that the project constructor of a construction project
promptly report to the Secretary any incident involving
construction work that results in—
‘‘(A) an injury or illness causing 2 or more hos-
pitalizations; or
‘‘(B) a structural failure or fire or explosion
which caused or could have caused serious bodily in-
jury to employees.
‘‘(2) The Secretary’s regulations shall provide at a
minimum that each report required under paragraph (1)
shall contain the names, business addresses, and telephone
numbers of the construction owner of the worksite, the
project constructor and project safety coordinator, and the
construction employer whose construction employee was
killed or seriously injured.
‘‘(3) The Secretary shall investigate any incident re-
ported pursuant to paragraph (1).
‘‘(l) The Secretary shall, by regulation, require
project constructors to make and maintain accurate
records concerning fatalities, serious bodily injuries, struc-
tural failures, fires, and explosions at construction
projects.’’.
SEC. 1205. ADVISORY COMMITTEE ON CONSTRUCTION
SAFETY AND HEALTH.
Section 7 (29 U.S.C. 656) (as amended by section
701) is amended—
(1) by redesignating subsections (c), (d), and
(e) as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the follow-
ing new subsections:
‘‘(c)(1) The Advisory Committee on Construction
Safety and Health, established by the Secretary pursuant
to section 107(e) of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 333(e)), shall be composed of
15 members, as follows:
‘‘(A) One member shall be designated by the
Secretary of Health and Human Services.
‘‘(B) Five members, appointed by the Sec-
retary, shall be qualified by experience and affili-
ation with construction employer and employer asso-
ciations to present the viewpoint of the employers in-
volved and five members, appointed by the Sec-
retary, shall be qualified by experience and affili-
ation with labor organizations in the building and
construction industry to present the viewpoint of em-
ployees involved.
‘‘(C) Two members, appointed by the Secretary,
shall be representatives of State safety and health
agencies.
‘‘(D) Two members, appointed by the Sec-
retary, shall be qualified by knowledge and experi-
ence to be able to make useful contribution to the
work of the Advisory Committee.
‘‘(2) The term of office of each member shall be 3
years. The terms of 5 members shall expire each year and
the terms of no more than 2 representatives of the same
interest shall expire the same year. A member whose term
has expired shall continue to serve until a successor is ap-
pointed unless such member resigns or becomes unable to
serve.
‘‘(d)(1) In addition to the functions prescribed by sec-
tion 107(e) of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 333(e)), the Advisory Commit-
tee on Construction Safety and Health shall also serve as
an advisory committee to the Secretary and the Secretary
of Health and Human Services on matters relating to the
administration of this Act. The Committee shall advise,
consult with, and make recommendations to the Secretary
and the Secretary of Health and Human Services in the
formulation of construction safety and health standards
and other regulations and with respect to policy matters
arising in the administration of this Act as it affects the
construction industry. In carrying out its functions, the
Advisory Committee may—
‘‘(A) with the consent of the Secretary, obtain
special advisory and technical experts or consultants
as may be necessary to carry out the functions of
the Advisory Committee;
‘‘(B) establish working groups to address mat-
ters coming before the Committee during times the
Committee is not in session;
‘‘(C) schedule no fewer than four meetings dur-
ing each calendar year and require a transcript to
be kept of the meetings and to be made available for
public inspection; and
‘‘(D) consider such matters as it may determine
to be appropriate, in addition to those matters re-
ferred by the Secretary.
‘‘(2) The Secretary shall respond in writing to any
recommendations made by a majority of the members of
the Advisory Committee within 60 days of the Advisory
Committee’s issuance of such recommendation.’’.
SEC. 1206. STATE CONSTRUCTION SAFETY AND HEALTH
PLANS.
Section 18 (29 U.S.C. 667) (as amended by sections
1003, 1004 and 1006) is further amended by adding at
the end thereof the following new subsection:
‘‘(l) Any State plan that covers construction safety
and health shall contain requirements which, and the en-
forcement of which, are, and will be, at least as effective,
in providing safe and healthful employment and places of
employment in the construction industry as the require-
ments contained in subsection (c), and the requirements
imposed by, and enforced under, this Act and section 107
of the Contract Work Hours Standards Act (40 U.S.C.
333), including—
‘‘(1) requirements relating to the training and
qualifications of State agency construction inspec-
tors;
‘‘(2) requirements relating to construction safe-
ty and health plans and programs; and
‘‘(3) requirements relating to inspections, inves-
tigations, reporting, and recordkeeping.’’.
SEC. 1207. CONSTRUCTION SAFETY AND HEALTH ACADEMY.
The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) (as amended by section 1203) is fur-
ther amended by inserting after section 31 the following
new section:
‘‘SEC. 32. CONSTRUCTION SAFETY AND HEALTH ACADEMY.
‘‘There is established in the Occupational Safety and
Health Administration a Construction Safety and Health
Academy to conduct training of employees of the Occupa-
tional Safety and Health Administration who conduct in-
spections of construction worksites and such other persons
as the Secretary, with the advice of the Advisory Commit-
tee on Construction Safety and Health, shall consider ap-
propriate.’’.
SEC. 1208. ENFORCEMENT.
Section 9 (29 U.S.C. 658) (as amended by section
515) is further amended by adding at the end the follow-
ing:
‘‘(e) For purposes of this section and sections 8, 10,
11, and 17, a project constructor shall be considered an
employer.’’.
SEC. 1209. REPORTS TO CONGRESS.
The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) (as amended by section 1202) is fur-
ther amended by adding after section 33 the following new
section:
‘‘SEC. 34. REPORTS TO CONGRESS.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Advisory Committee on Construction Safety and
Health, shall prepare and submit to the President for
transmittal to the Congress an annual report upon the
same general subjects as are set forth in section 26 and
as they relate to the construction industry, including the
operation of the Office of Construction Safety, Health,
and Education.
‘‘(b) EFFECT OF EXISTING CONDITIONS IN CON-
STRUCTION INDUSTRY.—Within 120 days following the
conclusion of 3 years of operation of the Office of Con-
struction Safety, Health, and Education, the Secretary,
with the advice and assistance of the Advisory Committee
on Construction Safety and Health, shall prepare and sub-
mit to the President for transmittal to the Congress a re-
port upon the subject whether the then existing conditions
of occupational safety and health in the construction in-
dustry, the effectiveness of regulation and enforcement,
and any other relevant information supports the continued
existence of the Office within the Occupational Safety and
Health Administration, or the enactment of legislation to
establish in the Department of Labor a Construction In-
dustry Safety and Health Administration to be headed by
an Assistant Secretary of Labor for Construction Safety
and Health, or the enactment of legislation making any
other changes in the law.’’.
SEC. 1210. FEDERAL CONSTRUCTION CONTRACTS.
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Labor shall deliver to
the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate recommendations regarding legis-
lative changes required to make the safety records (includ-
ing records of compliance with Federal safety and health
laws and regulations) of persons bidding for contracts sub-
ject to section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 333) a criterion to be consid-
ered in the awarding of such contracts.
SEC. 1211. RELATIONSHIP TO EXISTING LAW AND REGULA-
TIONS.
(a) IN GENERAL.—Nothing contained in the amend-
ments made by this title or the regulations issued to carry
out the amendments shall limit the application of, or less-
en, any of the requirements of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.), the Con-
tract Work Hours Standards Act (40 U.S.C. 327 et seq.),
or the standards or regulations issued by the Secretary
of Labor to carry out either such Act.
(b) PROJECT CONSTRUCTORS.—The presence and
duties of a project constructor or a project safety coordi-
nator on a project shall not in any way diminish the re-
sponsibilities of construction employers under the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) for the safety and health of their employees.
SEC. 1212. TIMETABLE FOR REGULATIONS.
The Secretary shall publish in the Federal Register
in proposed form, no later than 90 days after the effective
date of this Act, the regulations that this Act directs the
Secretary to prescribe, and shall promulgate the final reg-
ulations no later than 180 days after the effective date
of this title. The final rules and regulations shall become
effective 60 days after the date on which they are promul-
gated.
TITLE XIII—WORKER’S
COMPENSATION STUDY
SEC. 1301. COMMISSION.
(a) ESTABLISHMENT.—There is established the Fed-
eral Worker’s Compensation Commission (hereinafter in
this title referred to as the ‘‘Commission’’).
(b) MEMBERSHIP.—The Commission shall be com-
posed of 15 members appointed as follows:
(1) 7 members shall be appointed by the Presi-
dent. One of such members shall be the Chairman.
(2) 4 members shall be appointed by the Speak-
er of the House of Representatives. The Speaker
may appoint a Member of Congress to serve on the
Commission.
(3) 4 members shall be appointed by the Major-
ity Leader of the Senate. The Majority Leader may
appoint a Member of the Senate to serve on the
Commission.
8 members of the Commission shall constitute a quorum
for the purpose of doing business.
(c) DUTIES.—The duties of the Commission are as
follows:
(1) The Commission shall review the rec-
ommendations of the National Commission on State
Workmen’s Compensation Laws to determine the ex-
tent such recommendations were implemented, to
identify barriers to such implementation which ex-
isted or still exist, and to determine if the rec-
ommendations which were not implemented are still
appropriate.
(2) The Commission shall study the feasibility
of utilizing worker’s compensation data to target
loss prevention activities on high risk occupations.
(3) The Commission shall examine worker’s
compensation laws to determine—
(A) the effectiveness of the laws in meeting
financial and medical needs of injured workers,
(B) the adequacy of the administrative sys-
tem under such laws and the appropriateness of
such laws being the exclusive remedy for inju-
ries and deaths in light of disputes, litigation,
and delays in resolving cases brought under
such laws,
(C) whether such laws provide adequately
for occupational illnesses and diseases and pro-
vide for quality control and medical and reha-
bilitation costs with cost control,
(D) whether such laws provide sufficient
time for recuperation and counseling before an
injured or ill worker returns to full duty,
(E) the relationship between worker’s com-
pensation, safety and health programs, and in-
surance rates and services,
(F) the feasibility and appropriateness of
transferring the branch of the Department of
Labor involved in worker’s compensation stud-
ies from the Employment Standards Adminis-
tration to the Occupational Safety and Health
Administration, and
(G) the feasibility of preempting State
worker’s compensation laws with a national pro-
gram.
(4) The Commission shall evaluate the factors
responsible for the differentials in workers’ com-
pensation insurance premiums in different States in
high hazard occupations and shall make rec-
ommendations for reducing injury rates and exces-
sive workers’ compensation costs in such occupa-
tions. Such an evaluation shall include a review of
the injury rates, laws, and programs and practices
pursuant to the laws in the States. The rec-
ommendations of the Commission shall be sent to
100
the Governors of the States, State legislatures, and
the Congress.
(5) The Commission shall report to the Con-
gress on the effect of preemption under section 514
of the Employee Retirement Income Security Act of
1974 on State workers’ compensation laws and on
whether such preemption has been used by employ-
ers to undercut worker protection, coverage, and the
premium structure under State workers’ compensa-
tion laws.
(6) The Commission shall transmit to the
President and the Congress not later than two years
after the effective date of this Act a final report con-
taining a detailed statement of its findings, conclu-
sions, and recommendations.
(d) AUTHORITY.—
(1) The Commission or, on the authorization of
the Commission, any subcommittee or members
thereof, may, for the purpose of carrying out sub-
section (c), hold such hearings, take such testimony,
and sit and act at such times and places as the
Commission deems advisable. Any member author-
ized by the Commission may administer oaths or af-
firmations to witnesses appearing before the Com-
mission or any subcommittee or members thereof.
101
(2) Each department, agency, and instrumen-
tality of the executive branch of the Government, in-
cluding independent agencies, shall furnish to the
Commission, upon request made by the Chairman,
such information as the Commission deems nec-
essary to carry out its functions under subsection
(c).
(3) Subject to such regulations as may be
adopted by the Commission, the Chairman shall
have the power to—
(A) appoint and fix the compensation of an
executive director, and such additional staff
personnel as the Chairman deems necessary,
without regard to the provisions of title 5, Unit-
ed States Code, governing appointments in the
competitive service, and without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification
and General Schedule pay rates, but at rates
not in excess of the maximum rate for GS–18
of the General Schedule under section 5332 of
such title, and
(B) procure temporary and intermittent
services to the same extent as is authorized by
section 3109 of title 5, United States Code.
102
(4) The Commission may enter into contracts
with Federal or State agencies, private firms, insti-
tutions, and individuals for the conduct of research
or surveys, the preparation of reports, and other ac-
tivities necessary to the discharge of its duties.
(5) Members of the Commission who are not
Members of Congress shall receive compensation for
each day they are engaged in the performance of
their duties as members of the Commission at the
daily rate prescribed for GS–18 under section 5332
of title 5, United States Code, and shall be entitled
to reimbursement for travel, subsistence, and other
necessary expenses.
TITLE XIV—ADMINISTRATION
SEC. 1401. ADMINISTRATION.
There is established in the Department of Labor an
Occupational Safety and Health Administration to be
headed by an Assistant Secretary of Labor for Occupa-
tional Safety and Health appointed by the President, by
and with the advice and consent of the Senate. The Sec-
retary shall, except as specifically provided otherwise,
carry out the Secretary’s functions under the Occupational
Safety and Health Act of 1970 through the Occupational
Safety and Health Administration.
103
TITLE XV—EFFECTIVE DATE
SEC. 1501. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect upon the expiration of 90 days after the date
of the enactment of this Act.
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