I 
117TH CONGRESS 
1ST SESSION H. R. 2363 
To authorize the Department of Labor’s voluntary protection program. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 5, 2021 
Mrs. HARSHBARGER (for herself, Mr. THOMPSON of California, and Ms. 
STEFANIK) introduced the following bill; which was referred to the Com-
mittee on Education and Labor 
A BILL 
To authorize the Department of Labor’s voluntary protection 
program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Voluntary Protection 
Program Act’’. 
SEC. 2. VOLUNTARY PROTECTION PROGRAM. 
(a) COOPERATIVE AGREEMENTS.—The Secretary of 
Labor shall establish a program of entering into coopera-
tive agreements with employers to encourage the establish-
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ment of comprehensive safety and health management sys-
tems that include— 
(1) requirements for systematic assessment of 
hazards; 
(2) comprehensive hazard prevention, mitiga-
tion, and control programs; 
(3) active and meaningful management and em-
ployee participation in the voluntary program de-
scribed in subsection (b); and 
(4) employee safety and health training. 
(b) VOLUNTARY PROTECTION PROGRAM.— 
(1) IN GENERAL.—The Secretary of Labor shall 
establish and carry out a voluntary protection pro-
gram (consistent with subsection (a)) to encourage 
excellence and recognize the achievement of excel-
lence in both the technical and managerial protec-
tion of employees from occupational hazards. 
(2) PROGRAM REQUIREMENTS.—The voluntary 
protection program shall include the following: 
(A) APPLICATION.—Employers who volun-
teer under the program shall be required to 
submit an application to the Secretary of Labor 
demonstrating that the worksite with respect to 
which the application is made meets such re-
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retary of Labor for Occupational Safety and Health 
to take the following actions: 
(A) Develop a documentation policy re-
garding information on follow-up actions taken 
by the regional offices of the Occupational Safe-
ty and Health Administration in response to fa-
talities and serious injuries at worksites partici-
pating in the voluntary protection program. 
(B) Establish internal controls that ensure 
consistent compliance by the regional offices of 
the Occupational Safety and Health Adminis-
tration with the voluntary protection program 
policies of the Occupational Safety and Health 
Administration for conducting onsite reviews 
and monitoring injury and illness rates, to en-
sure that only qualified worksites participate in 
the program. 
(C) Establish a system for monitoring the 
performance of the voluntary protection pro-
gram by developing specific performance goals 
and measures for the program. 
(4) EXEMPTIONS.—A site with respect to which 
a voluntary protection program has been approved 
shall, during participation in the program, be ex-
empt from inspections or investigations and certain 
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paperwork requirements to be determined by the 
Secretary of Labor, except that this paragraph shall 
not apply to inspections or investigations arising 
from employee complaints, fatalities, catastrophes, 
or significant toxic releases. 
(5) NO PAYMENTS REQUIRED.—The Secretary 
of Labor shall not require any form of payment for 
an employer to qualify or participate in the vol-
untary protection program. 
(c) TRANSITION.—The Secretary of Labor shall take 
such steps as may be necessary for the orderly transition 
from the cooperative agreements and voluntary protection 
programs carried out by the Occupational Safety and 
Health Administration as of the day before the date of 
enactment of this Act, to the cooperative agreements and 
voluntary protection program authorized under this sec-
tion. In making such transition, the Secretary shall ensure 
that— 
(1) the voluntary protection program authorized 
under this section is based upon and consistent with 
the voluntary protection programs carried out on the 
day before the date of enactment of this Act; and 
(2) each employer that, as of the day before the 
date of enactment of this Act, had an active coopera-
tive agreement under the voluntary protection pro-
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grams carried out by the Occupational Safety and 
Health Administration and was in good standing 
with respect to the duties and responsibilities under 
such agreement, shall have the option to continue 
participating in the voluntary protection program 
authorized under this section. 
(d) REGULATIONS
AND
IMPLEMENTATION.—Not 
later than 2 years after the date of enactment of this Act, 
the Secretary of Labor shall issue final regulations for the 
voluntary protection program authorized under this sec-
tion and shall begin implementation of the program. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act such sums as may be necessary. 
Æ 
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