I 
109TH CONGRESS 
2D SESSION 
H. R. 5554 
To amend the Occupational Safety and Health Act of 1970 and the Federal 
Mine Safety and Health Act of 1977 to prohibit the promulgation of 
safety and health standards that do not meet certain requirements for 
national consensus standards. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2006 
Mr. NORWOOD (for himself, Mrs. MILLER of Michigan, Mr. WICKER, and Mr. 
TIAHRT) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To amend the Occupational Safety and Health Act of 1970 
and the Federal Mine Safety and Health Act of 1977 
to prohibit the promulgation of safety and health stand-
ards that do not meet certain requirements for national 
consensus standards. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Workplace Safety and 
Health Transparency Act of 2006’’. 
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SEC. 2. ADOPTION OF NONGOVERNMENTAL STANDARDS 
UNDER THE OCCUPATIONAL HEALTH AND 
SAFETY ACT. 
(a) ADOPTION BY OSHA.—The Occupational Health 
and Safety Act of 1970 (29 U.S.C. 651 et seq.) is amend-
ed by adding after section 6 the following: 
‘‘ADOPTION OF NONGOVERNMENTAL STANDARDS 
‘‘SEC. 6A. (a) Effective on the date of enactment of 
this section, the Secretary shall not promulgate or incor-
porate by reference any finding, guideline, standard, limit, 
rule, or regulation based on a determination reached by 
any organization, unless the Secretary affirmatively finds 
that such determination— 
‘‘(1) has been adopted and promulgated by a 
nationally recognized standards-producing organiza-
tion under procedures whereby it can be determined 
by the Secretary that persons interested and affected 
by the scope or provisions of the standard have 
reached substantial agreement on its adoption; 
‘‘(2) was formulated in a manner which af-
forded an opportunity for diverse views to be consid-
ered; and 
‘‘(3) has been designated as such a standard by 
the Secretary, after consultation with other appro-
priate Federal agencies. 
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Such finding and a summary of its basis shall be 
published in the Federal Register and shall be con-
sidered a final action subject to review by a United 
States District Court in accordance with section 706 
of title 5, United States Code. 
‘‘(b) With respect to rulemaking proceedings initiated 
by the Secretary but not finalized prior to the date of en-
actment of this section, the Secretary shall, within 180 
days of the date of enactment of this section, investigate 
and identify the use of, influence of, or reliance upon any 
finding, guideline, standard, limit or any other rec-
ommendation that has not been made by an organization 
and procedure that does not comply with the requirements 
set forth in subsection (a). The Secretary shall publish the 
results of such investigations in the Federal Register and, 
in any final rule, standard, or official recommendation 
that is prescribed under such proceedings, shall not incor-
porate, use, or rely upon any finding, guideline, standard, 
limit, or other recommendation that does not comply with 
the requirements set forth in subsection (a). The Sec-
retary’s actions under this section shall be subject to re-
view by a United States district court of appropriate juris-
diction.’’. 
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(b) APPROVAL OF STATE PLANS.—Section 18 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 
667) is amended by adding at the end the following: 
‘‘(i) The Secretary shall not approve a State plan 
under this section that incorporates by reference any find-
ing, guideline, standard, limit, rule, or regulation based 
on a determination reached by any organization, unless 
the Secretary determines that the standards adopted in 
such plan are standards that— 
‘‘(1) have been adopted and promulgated by a 
nationally recognized standards-producing organiza-
tion under procedures whereby it can be determined 
by the State that persons interested and affected by 
the scope or provisions of such standards have 
reached substantial agreement on their adoption; 
and 
‘‘(2) were formulated in a manner which af-
forded an opportunity for diverse views to be consid-
ered.’’. 
SEC. 3. ADOPTION OF NONGOVERNMENTAL STANDARDS 
UNDER THE FEDERAL MINE SAFETY AND 
HEALTH ACT. 
Section 101 of the Federal Mine Safety and Health 
Act of 1977 (30 U.S.C. 811) is amended by adding at 
the end the following: 
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‘‘(f)(1) Effective on the date of enactment of this sec-
tion, the Secretary shall not promulgate or incorporate by 
reference any finding, guideline, standard, limit, rule, or 
regulation based on a determination reached by any orga-
nization, unless the Secretary affirmatively finds that such 
determination— 
‘‘(A) has been adopted and promulgated by a 
nationally recognized standards-producing organiza-
tion under procedures whereby it can be determined 
by the Secretary that persons interested and affected 
by the scope or provisions of the standard have 
reached substantial agreement on its adoption; 
‘‘(B) was formulated in a manner which af-
forded an opportunity for diverse views to be consid-
ered; and 
‘‘(C) has been designated as such a standard by 
the Secretary, after consultation with other appro-
priate Federal agencies. 
Such finding and a summary of its basis shall be published 
in the Federal Register and shall be considered a final 
action subject to review by a United States District Court 
in accordance with section 706 of title 5, United States 
Code. 
‘‘(2) With respect to rulemaking proceedings initiated 
by the Secretary but not finalized prior to the date of en-
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actment of this subsection, the Secretary shall, within 180 
days of the date of enactment of this subsection, inves-
tigate and identify the use of, influence of, or reliance 
upon any finding, guideline, standard, limit or any other 
recommendation that has not been made by an organiza-
tion and procedure that does not comply with the require-
ments of paragraph (1). The Secretary shall publish the 
results of such investigations in the Federal Register and, 
in any final rule, standard, or recommendation that is pre-
scribed under such proceedings, shall not incorporate, use, 
or rely upon any finding, guideline, standard, limit, or 
other official recommendation that does not comply with 
the requirements of paragraph (1). The Secretary’s ac-
tions under this section shall be subject to review by a 
United States district court of appropriate jurisdiction.’’. 
Æ 
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