IB
Union Calendar No. 252
105TH CONGRESS
2D SESSION
H. R. 2864
[Report No. 105–444]
To require the Secretary of Labor to establish a program under which
employers may consult with State officials respecting compliance with
occupational safety and health requirements.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 7, 1997
Mr. BALLENGER (for himself, Mr. HALL of Texas, Mr. STENHOLM, Mr. NOR-
WOOD, Mr. BARRETT of Nebraska, Mr. PAUL, Mr. DELAY, Mr. BOB
SCHAFFER of Colorado, Mr. HOEKSTRA, Mr. GRAHAM, Mr. ISTOOK, Mr.
FAWELL, and Mr. BOEHNER) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce
MARCH 17, 1998
Additional sponsors: Mr. GOODLING, Mr. PETERSON of Pennsylvania, Mr.
HAYWORTH, Mr. HEFLEY, Mr. DEAL of Georgia, Mr. DOOLITTLE, Mr.
MILLER of Florida, Mr. ROEMER, Mr. WICKER, and Mr. JONES
MARCH 17, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To require the Secretary of Labor to establish a program
under which employers may consult with State officials
respecting compliance with occupational safety and
health requirements.
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 ‘‘Occupational Safety
and Health Administration Compliance Assistance Au-
thorization Act of 1997’’.
SEC. 2. COMPLIANCE ASSISTANCE PROGRAM.
Section 21 of the Occupational Safety and Health Act
of 1970 is amended by adding at the end the following
new subsection:
‘‘(d)(1) The Secretary shall establish and support co-
operative agreements with the States under which employ-
ers subject to this Act may consult with designated State
officials with respect to—
‘‘(A) the application of occupational safety and
health requirements under this Act or under State
plans approved under section 18; and
‘‘(B) voluntary efforts that employers may un-
dertake to establish and maintain safe and healthful
employment and places of employment.
‘‘(2) Pursuant to such agreements the State shall
provide on-site consultation at the employer’s worksite to
employers who request such assistance. The State may
also provide other education and training programs for
employers and employees in the State.
‘‘(3) Activities under this subsection shall be con-
ducted independently of any enforcement activity. If an
employer fails to take immediate action to eliminate em-
ployee exposure to an imminent danger or fails to correct
a serious hazard within a reasonable time, a report shall
be made to the appropriate enforcement authority for such
action as is appropriate.
‘‘(4) An employer who requests and undergoes an on-
site consultative visit provided under this subsection and
who corrects the hazards that have been identified during
the visit within the time frames established by the State
and agrees to request a subsequent consultative visit if
major changes in working conditions or work processes
occur which introduce new hazards in the workplace, shall
be exempt from an inspection (except an inspection re-
quested under section 8(f) or to determine the cause of
a workplace accident which resulted in the death of one
or more employees or hospitalization for 3 or more em-
ployees) for a period of one year from the closing of the
consultative visit.
‘‘(5) Not less than 90 percent of funds appropriated
to the Secretary for compliance assistance activities shall
be used for the purposes of this subsection.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Occupational Safety and
Health Administration Compliance Assistance Authoriza-
tion Act of 1998’’.
SEC. 2. COMPLIANCE ASSISTANCE PROGRAM.
Section 21 of the Occupational Safety and Health Act
of 1970 is amended by adding at the end the following new
subsection:
‘‘(d)(1) The Secretary shall establish and support coop-
erative agreements with the States under which employers
subject to this Act may consult with State personnel with
respect to—
‘‘(A) the application of occupational safety and
health requirements under this Act or under State
plans approved under section 18; and
‘‘(B) voluntary efforts that employers may un-
dertake to establish and maintain safe and healthful
employment and places of employment.
Such agreements may provide, as a condition of receiving
funds under such agreements, for contributions by States
towards meeting the costs of such agreements.
‘‘(2) Pursuant to such agreements the State shall pro-
vide on-site consultation at the employer’s worksite to em-
ployers who request such assistance. The State may also
provide other education and training programs for employ-
ers and employees in the State. The State shall ensure that
on-site consultations conducted pursuant to such agree-
ments include provision for the participation by employees.
‘‘(3) Activities under this subsection shall be conducted
independently of any enforcement activity. If an employer
fails to take immediate action to eliminate employee expo-
sure to an imminent danger identified in a consultation
or fails to correct a serious hazard so identified within a
reasonable time, a report shall be made to the appropriate
enforcement authority for such action as is appropriate.
‘‘(4) The Secretary shall, by regulation after notice
and opportunity for comment, establish rules under which
an employer—
‘‘(A) which requests and undergoes an on-site
consultative visit provided under this subsection,
‘‘(B) which corrects the hazards that have been
identified during the visit within the time frames es-
tablished by the State and agrees to request a subse-
quent consultative visit if major changes in working
conditions or work processes occur which introduce
new hazards in the workplace, and
‘‘(C) which is implementing procedures for regu-
larly identifying and preventing hazards regulated
under this Act and maintains appropriate involve-
ment of, and training for, management and non-
management employees in achieving safe and health-
ful working conditions,
may be exempt from an inspection (except an inspection
requested under section 8(f) or an inspection to determine
the cause of a workplace accident which resulted in the
death of one or more employees or hospitalization for 3 or
more employees) for a period of one year from the closing
of the consultative visit.
‘‘(5) A State shall provide worksite consultations
under paragraph (2) at the request of an employer. Priority
in scheduling such consultations shall be assigned to re-
quests from small businesses which are in higher hazard in-
dustries or have the most hazardous conditions at issue in
the request.’’.
Union Calendar No. 252
105TH CONGRESS
2D SESSION
H. R. 2864
[Report No. 105–444]
A BILL
To require the Secretary of Labor to establish a
program under which employers may consult
with State officials respecting compliance with
occupational safety and health requirements.
MARCH 17, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed