sion shall provide opportunity for a hearing (in accordance
with section 554 of title 5, United States Code, but with-
out regard to subsection (a)(3) of such section), and issue
an order, based upon findings of fact and conclusions of
law. In such an order, the Commission may order such
equitable relief as may be appropriate, including rehiring
or reinstatement of the employee to the employee’s former
position with back pay and interest. Upon completion of
a proceeding on such order, the Commission may award
the prevailing party a reasonable attorney’s fee. Final or-
ders of the Commission may be appealed as provided in
subsection (a).
‘‘(4) Anytime after a complaint has been filed with
the Secretary alleging a violation of paragraph (1), the
complaining employee, the person charged with commit-
ting the violation, or the Secretary have the right to re-
quest that the complaint be referred to the Federal Medi-
ation and Conciliation Service, or on mutual agreement,
another mediator, for mediation of the dispute.’’.
SEC. 14. COVERAGE OF FEDERAL AGENCIES.
Section 3(5) (29 U.S.C. 652(5)) is amended—
(1) by striking ‘‘but does not include the United
States or any’’ and inserting ‘‘but does not include
any’’; and
(2) by adding at the end: ‘‘Such term includes
the Government of the United States and any agen-
cy or instrumentality of the Government.’’.
SEC. 15. FEDERAL AGENCY SAFETY PROGRAMS.
The Act is amended by repealing section 19 (29
U.S.C. 668).
SEC. 16. PREVENTION OF ALCOHOL AND SUBSTANCE
ABUSE.
The Act is amended by repealing sections 28 through
31, by redesignating sections 32, 33, and 34 as sections
29, 30, and 33, respectively, and by inserting after section
26 (29 U.S.C. 676) the following:
‘‘ALCOHOL AND SUBSTANCE ABUSE TESTING
‘‘SEC. 27. (a) Whenever there exists the reasonable
probability that the safety or health of any employee could
be endangered in the workplace because of the use of alco-
hol or a controlled substance by any employee, the em-
ployer of such employee may establish and implement an
alcohol and substance abuse testing program in accord-
ance with subsection (b). Nothing in this section shall be
construed to require an employer to establish a substance
abuse or drug testing program for applicants or employees
or make employment decisions based on such test results.
‘‘(b)(1) The substance abuse testing program shall
conform to subpart B of the mandatory guidelines for
Federal workplace drug testing programs published on
April 11, 1988, by the Secretary of Health and Human
Services at 53 Federal Register 11979 and any amend-
ments adopted to such guidelines.
‘‘(2) The alcohol testing program shall take the form
of alcohol breath analysis and shall conform to any guide-
lines developed by the Secretary of Transportation for al-
cohol testing of mass transit employees under the Depart-
ment of Transportation and Related Agencies Appropria-
tions Act, 1992.
‘‘(c) This section shall not be construed to prohibit
an employer from requiring an employee to submit to and
pass an alcohol or substance abuse test before employment
by the employer or—
‘‘(1) on a for cause basis or where the employer
has reasonable suspicion to believe that such em-
ployee is using or is under the influence of alcohol
or a controlled substance,
‘‘(2) where such test is administered as part of
a scheduled medical examination,
‘‘(3) in the case of an accident or incident in-
volving the actual or potential loss of human life,
bodily injury, or property damage,
‘‘(4) during and for a reasonable period of time
(not to exceed 5 years) after the conclusion of an al-
cohol or substance abuse treatment program, or
‘‘(5) on a random selection basis in work units,
locations, or facilities where alcohol and substance
abuse has been identified as a problem or as part of
a universal testing program.
‘‘(d) The Secretary is authorized to conduct testing
of employees for use of alcohol or controlled substances
during any investigation of a work-related fatality or seri-
ous injury.’’.
SEC. 17. MINE SAFETY AND HEALTH.
(a) REORGANIZATION.—Titles I, II, III, and V of the
Federal Mine Safety and Health Act of 1977 are repealed,
except as provided in this section. Subject to the provisions
of this Act, and the Occupational Safety and Health Act
of 1970, the functions and authorities provided to the
Mine Safety and Health Administration under such provi-
sions are transferred to the Assistant Secretary of Labor
for Occupational Safety and Health, and the responsibil-
ities and authorities of the Federal Mine Safety and
Health Review Commission are transferred to Occupa-
tional Safety and Health Review Commission.
(b) STANDARDS.—Standards promulgated under the
Federal Mine Safety and Health Act of 1977 shall be
deemed to have been promulgated under the Occupational
Safety and Health Act of 1970. The Secretary shall not,
with respect to activities, conditions, or processes which
were subject to the Federal Mine Safety and Health Act
of 1977, enforce any other standards promulgated prior
to the effective date of this Act. The following parts of
title 30, Code of Federal Regulations, are repealed effec-
tive 1 year after the date of the enactment of this Act:
(1) Subchapter A, part 1.
(2) Subchapter G, parts 40, 43, 45.
(3) Subchapter M, part 50.
(4) Subchapter P, part 100.
(5) Subchapter Q, part 104.
The requirements of subchapter H, part 48, shall not be
enforced with respect to shell dredging or with respect to
any sand, gravel, surface stone, surface clay, colloidal
phosphate, or surface limestone mine.
(c) MINE SAFETY.—The Act, as amended by section
14, is amended by inserting after section 27 the following:
‘‘MINE SAFETY
‘‘SEC. 28. (a) Each underground mine shall be in-
spected at least annually.
‘‘(b) Inspectors of mines shall be qualified by prac-
tical experience in mining, by experience as a mining engi-
neer or by education. To the maximum extent feasible, in
the selection of persons for appointment as mine inspec-
tors, no person shall be so selected unless the person has
the basic qualification of at least 5 years practical mining
experience.
‘‘(c)(1) If upon inspection or investigation of a mine,
the Secretary or the Secretary’s authorized representative
finds an imminent danger exists, the Secretary or the Sec-
retary’s representative shall issue an order requiring the
employer to withdraw all persons from the affected area
and not permit re-entry into the area until the imminent
danger has been eliminated or all persons have been pro-
tected from exposure to the imminent danger.
‘‘(2) The following persons shall not be required to
be withdrawn from or prohibited from entering any area
of an employment site subject to an order issued under
this subsection:
‘‘(A) Any person whose presence, in the judg-
ment of the employer or an authorized representa-
tive of the Secretary, is necessary to evaluate or
eliminate the condition described in the order.
‘‘(B) Any consultants to such persons.
‘‘(3) Any employer who is issued an order pursuant
to this subsection may seek immediate review of such
order in the United States District Court for the District
of Columbia or for the District in which the employment
site is located. Such review shall be available to the em-
ployer within one day following the issuance of the order.
The burden shall be on the Secretary to prove the immi-
nent danger and that the danger justifies the issuance of
‘‘(5) The term ‘‘imminent danger’’ means the exist-
ence of any condition or practice in a workplace as de-
scribed in section 13.
‘‘(d) Any miner who willfully violates the mandatory
safety standards relating to smoking or carrying of smok-
ing materials, matches, or lighters shall be subject to a
civil penalty assessed by the Commission which penalty
shall not be more than $250 for each occurrence.’’.
(d) NATIONAL MINE HEALTH AND SAFETY ACAD-
EMY.—The National Mine Health and Safety Academy
shall be maintained as an agency of the Department of
Labor. The Academy shall be responsible for the training
of mine safety and health inspectors and in training of
technical support personnel, and for any other training
programs for mine inspectors, mining personnel, or other
personnel as the Secretary of Labor shall designate, in ac-
cordance with procedures and authorities as in effect be-
fore the date of the enactment of this Act.
SEC. 18. RECORDKEEPING AND REPORTING.
(a) RECORDS.—Section 8(c)(2) (29 U.S.C. 657) is
amended to read as follows:
‘‘(2) The Secretary shall prescribe regulations requir-
ing employers to maintain accurate records of work-relat-
ed deaths and work-related injuries and illnesses that re-
quire medical treatment, other than first aid treatment,
and involve one or more lost workdays or 5 or more days
of restriction of work. The Secretary may require such
records or reports of such records or summaries thereof
be submitted to the Secretary, provided however, that any
such records and reports which may be submitted to or
obtained by the Secretary shall not be released or disclosed
by the Secretary in any manner which identifies individual
employers or workplaces.
(b) STATISTICS.—The last sentence of section 24(a)
(29 U.S.C. 673) is amended to read as follows: ‘‘The Sec-
retary shall compile accurate statistics on work-related
deaths and work-related injuries and illnesses that require
medical treatment, other than first aid treatment, and in-
volved one or more lost workdays or 5 or more days of
restriction of work.’’.
SEC. 19. DEFINITIONS.
Section 3 (29 U.S.C. 652) is amended by adding at
the end thereof the following:
‘‘(15) The term ‘serious injury’ means an injury
that results in one or more days away from work
and protracted loss or impairment of the function of
a bodily member, organ, or mental faculty or, in the
case of exposure to toxic materials, requires medical
treatment other than first aid.
‘‘(16) The term ‘industry’ means the 4 digit
classification as defined in the Standard Industrial
Classification Manual prepared by the Office of
Management and Budget, unless the Occupational
Safety and Health Administration finds that a
broader classification adequately represents the cir-
cumstances of the constituent industries affected.’’.
SEC. 20. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) ANNUAL REPORT TO THE CONGRESS.—Section
4(b)(3) (29 U.S.C. 653(b)(3)) is amended to read as fol-
lows:
‘‘(3) The Secretary shall annually report to the Con-
gress regarding activities under this Act, including rec-
ommendations for legislation to avoid unnecessary dupli-
cation and to achieve coordination between this Act and
other Federal laws.’’.
(b) CERTIFICATION OF EQUIPMENT.—Section 7 is
amended by adding at the end thereof the following:
‘‘(d) CERTIFICATION
OF EQUIPMENT.—The Sec-
retary shall provide for a means for certification of equip-
ment for which such certification is required pursuant to
this Act, the Occupational Safety and Health Act of 1970,
or the Federal Mine Safety and Health Act of 1977. The
Secretary shall provide that such certification shall be con-
ducted by nongovernmental agencies, unless the Secretary
determines that nongovernmental agencies with profes-
sional or technical personnel or materials and equipment
are not available.’’.
SEC. 21. EFFECTIVE DATE.
Except as otherwise provided, this Act and amend-
ments made by this Act shall take effect 120 days after
the date of the enactment of this Act.
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