I
103D CONGRESS
2D SESSION
H. R. 4597
To amend the Occupational Safety and Health Act of 1970.
IN THE HOUSE OF REPRESENTATIVES
JUNE 17, 1994
Mr. FAWELL (for himself, Mr. GOODLING, Mr. PETRI, Mr. GUNDERSON, Mr.
BALLENGER, Ms. MOLINARI, Mr. BARRETT of Nebraska, Mr. HOEKSTRA,
Mr. MCKEON, Mr. MILLER of Florida, Mr. GREENWOOD, Mr. PACKARD,
Mr. ARMEY, Mr. HEFLEY, Mr. CANADY, Mr. KNOLLENBERG, Mr. STEN-
HOLM, Mr. UPTON, Mr. CUNNINGHAM, Mr. CASTLE, Mr. HANCOCK, Mr.
LEWIS of Florida, Mr. PORTER, and Ms. PRYCE of Ohio) introduced the
following bill; which was referred to the Committee on Education and
Labor
A BILL
To amend 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.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Occupational Safety and Health Reform Act’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Occupational Safety and Health Act of 1970.
SEC. 2. CONGRESSIONAL COVERAGE.
The Occupational Safety and Health Act of 1970 (29
U.S.C. 668) is amended by redesignating sections 20
through 34 as sections 21 through 35, respectively, and
by adding after section 19 the following:
‘‘COVERAGE OF THE HOUSE OF REPRESENTATIVES
‘‘SEC. 20. (a) Each employing authority and instru-
mentality of Congress shall comply with section 5, with
the occupational safety and health standards issued under
section 6 and with any other requirements and regulations
issued under this Act.
‘‘(b) The Secretary shall conduct random inspections
of places of employment under the jurisdiction or control
of employing authorities and the instrumentalities of Con-
gress. Such inspections shall be conducted at least once
during each Congress. The Secretary shall also respond
to any request that meets the conditions of section 8(f).
Such inspections shall identify each condition or practice
which the Secretary believes is a violation of a requirement
under section 5, of an occupational safety and health
standard issued under section 6, or of any regulation is-
sued under this Act. Upon completion of such inspection,
the Secretary shall report all such conditions and practices
to the Director of Non-Legislative and Financial Services
of the House of Representatives.
‘‘(c) The Director of Non-Legislative and Financial
Services of the House of Representatives, shall, as soon
after the receipt of a report under subsection (b) as is
practicable, appoint a special counsel to seek abatement
of any conditions and practices identified in such report
as not in compliance with the requirements of section 5,
6, 8, or any other provision of this Act and to assess ap-
propriate penalties against the employing authority or in-
strumentality of Congress for noncompliance with such re-
quirements. The requirements and criteria applicable to
the determination and assessment of civil and criminal
penalties under section 17 shall apply with respect to such
noncompliance. Conditions and practices which may result
in a criminal penalty under section 17 shall be referred
to the Attorney General for prosecution.
‘‘(d) Any employing authority or instrumentality of
Congress which is assessed a penalty under subsection (c)
may appeal the assessment to the Office of Fair Employ-
ment Practices which shall afford an opportunity for a
hearing and shall thereafter issue a decision based on find-
ings of fact which affirms, modifies, or vacates the actions
of the special counsel appointed under subsection (c). Any
person adversely affected or aggrieved by the decision of
‘‘(5) The development of standards under this
section shall be based upon the latest scientific data
in the field and on such research, demonstrations,
experiments, and such other information as may be
appropriate. In establishing such standards, the Sec-
retary shall consider and make findings concerning
the appropriateness of the standard to the following
factors:
‘‘(A) The standard is needed to address a
significant risk of material impairment to work-
ers and will substantially reduce that risk.
‘‘(B) The standard is feasible.
‘‘(C) There is a reasonable relationship be-
tween the costs and benefits of the standard.
‘‘(D) The standard will provide protection
to workers in the most cost-effective manner
and minimize employment loss due to the
standard in the affected industries and sectors
of industries.
‘‘(E) Whenever practicable, the standard
shall be expressed in terms of objective criteria
and of the performance desired.’’.
(b) STANDARD PRIORITIES.—The second sentence of
section 6(g) (29 U.S.C. 655(g)) is amended to read as
follows: ‘‘In determining the priority for establishing
standards dealing with toxic materials or harmful physical
agents, the Secretary shall consider the number of workers
exposed to the substance, the nature and severity of poten-
tial impairment, and the likelihood of such impairment
based upon such information as the Secretary shall obtain
from the Environmental Protection Agency, the Depart-
ment of Health and Human Services, and other appro-
priate sources.’’.
(c) 
PROCEDURE.—Section 
6(b)(1) 
(29 
U.S.C.
655(b)(1)) is amended by striking out all after ‘‘Act’’ the
first time it appears and inserting in lieu thereof the fol-
lowing: ‘‘, the Secretary shall promulgate such rule in ac-
cordance with subchapter IV of chapter 5 of title 5, United
States Code, unless the Secretary determines on the basis
of the factors listed in section 583 of title 5, United States
Code, that such procedure would be inappropriate. The re-
quirements of this paragraph do not alter in any manner
the requirements otherwise applicable to the Secretary’s
action in promulgating an occupational health and safety
standard.’’.
(d) REGULATORY FLEXIBILITY ANALYSIS.—Section
6 (29 U.S.C. 655) is amended by adding at the end the
following:
‘‘(h) In promulgating any occupational safety and
health standard under subsection (b), the Secretary shall
perform a regulatory flexibility analysis described in sec-
tions 603 and 604 of title 5, United States Code.
‘‘(i) In promulgating any occupational safety and
health standard under subsection (b), the Secretary shall
minimize the time, effort, and costs involved in the reten-
tion, reporting, notifying, or disclosure of information to
the Secretary, to third parties, or to the public to the ex-
tent consistent with the purpose of the standard. Compli-
ance with the requirement of this subsection may be in-
cluded in a review under subsection (f).’’.
SEC. 4. APPLICATION OF ACT.
(a) 
REPORTS.—Section 
4(b)(3) 
(29 
U.S.C.
653(b)(3)) is amended to read as follows:
‘‘(3) The Secretary shall report on an annual basis
to the Congress on the number and nature of the com-
plaints the Secretary receives which the Secretary does not
respond to because of paragraph (1) of this subsection.
The Secretary shall include in such report the Secretary’s
recommendation for legislation to avoid unnecessary dupli-
cation and to achieve coordination between this Act and
other Federal laws.’’.
(b) PURPOSES.—Section 4 (29 U.S.C. 653) is amend-
ed by adding at the end the following:
‘‘(c) In order to carry out the purposes of this Act
to encourage employer and employees in their efforts to
reduce the number of occupational safety and health haz-
ards—
‘‘(1) an employee participation committee or
plan—
‘‘(A) in which employees participate,
‘‘(B) which exists for the purpose, in whole
or in part, of dealing with employees concerning
the safety or health of working conditions or re-
lated matters, and
‘‘(C) which does not have, claim, or seek
authority to negotiate or enter into collective
bargaining agreements with the employer or to
amend existing collective bargaining agreements
between the employer and any labor organiza-
tion,
shall not constitute a ‘labor organization’ for pur-
poses of section 8(a)(2) of the National Labor Rela-
tions Act or a representative for purposes of sections
1 and 2 of the Railway Labor Act, and
‘‘(2) records of safety and health inspections,
audits, or reviews conducted by an employer and not
required by this Act shall not be required to be dis-
closed to the Secretary except as may be necessary
to determine eligibility for an exemption from in-
spection under section 8A.’’.
SEC. 5. VARIANCES.
Section 6(d) (29 U.S.C. 655(d)) is amended by add-
ing at the end the following: ‘‘If the Secretary has failed
to act on an application for a variance within 180 days
of the filing of such application, the variance shall be
deemed to have been issued as of the date of such filing
unless the delay in the Secretary’s action is caused by ac-
tions or inactions of the applicant.’’.
SEC. 6. INSPECTIONS.
(a) TRAINING AND AUTHORITY OF SECRETARY.—
Section 8 (29 U.S.C. 657) is amended by redesignating
subsection (g) as subsection (l) and by adding after sub-
section (f) the following:
‘‘(g) Inspections conducted under this section shall
be conducted by at least one individual who has training
in and is knowledgeable of the industry or types of hazards
being inspected.
‘‘(h) The Secretary shall enter into agreements with
other Federal agencies and with States to train inspection
personnel of agencies which conduct inspections of employ-
ers to inspect places of employment to determine if em-
ployee fire protection is adequate and shall establish a sys-
tem for referral of fire hazards to the Secretary after noti-
fication to the employer, if the employer fails to take cor-
rective actions.
‘‘(i)(1) Except as provided in paragraph (2), the Sec-
retary shall not conduct routine inspections of, or enforce
any standard, rule, regulation, or order under this Act
with respect to, any person who is engaged in a farming
operation which does not maintain a temporary labor
camp and employs 10 or fewer employees or any employer
of not more than 10 employees if such employer is in-
cluded within a category of employers having an occupa-
tional injury or a lost work day case rate (determined
under the Standard Industrial Classification Code for
which such data are published) which is less than the na-
tional average rate as most recently published by the Sec-
retary acting through the Bureau of Labor Statistics
under section 25.
‘‘(2) Paragraph (1) shall, in the case of persons who
are not engaged in farming operations, not prevent the
Secretary from—
‘‘(A) providing under this Act consultations,
technical assistance, and educational and training
services and conducting under this Act surveys and
studies;
‘‘(B) conducting inspections or investigations in
response to employee’s complaints, issuing citations
for violations of this Act found during such an in-
spection, and assessing a penalty for violations
which are not corrected within a reasonable abate-
ment period;
‘‘(C) taking any action authorized by this Act
with respect to imminent dangers;
‘‘(D) taking any action authorized by this Act
with respect to health standards;
‘‘(E) taking any action authorized by this Act
with respect to a report of an employment accident
which is fatal to at least one employee or which re-
sults in hospitalization of at least 3 employees and
taking any action pursuant to an investigation of
such report; and
‘‘(F) taking any action authorized by this Act
with respect to complaints of discrimination against
employees for exercising their rights under this
Act.’’.
(b) EMPLOYEE NOTICE.—Section 8(f)(1) (29 U.S.C.
657(f)(1)) is amended—
(1) by striking out ‘‘he shall make’’ and insert-
ing in lieu thereof ‘‘the Secretary may make’’,
(2) by striking out ‘‘determines there’’ in the
third sentence and inserting in lieu thereof ‘‘deter-
mines that there’’, and
(3) by striking out ‘‘he shall notify’’ and insert-
ing in lieu thereof ‘‘or that the facts alleged in the
notification do not justify an exercise of the Sec-
retary’s inspection authority under subsection (a) for
any reason consistent with the standard used by the
Secretary to choose subjects for inspection under
that subsection, the Secretary shall notify’’.
SEC. 7. CONSULTATION, VOLUNTARY COMPLIANCE INCEN-
TIVES, AND TECHNICAL ASSISTANCE.
(a) PROGRAMS.—The Occupational Safety and
Health Act of 1970 is amended by inserting after section
8 the following:
‘‘WORKSITE-BASED INCENTIVES
‘‘SEC. 8A.(a) The Secretary of Labor shall establish
an office to promote, administer, and coordinate the pro-
grams and activities described in this section.
‘‘(b)(1) The Secretary shall by regulation establish a
program to encourage voluntary employer and employee
efforts to provide safe and healthful working conditions.
‘‘(2) In establishing a program under paragraph (1),
the Secretary shall, in accordance with paragraph (3), pro-
vide an exemption from all safety and health inspections
and investigations with respect to a place of employment
maintained by an employer, except inspections and inves-
tigations conducted for the purpose of—
‘‘(A) determining the cause of a workplace
accident which resulted in the death of one or more
employees or the hospitalization of 3 or more
employees,
‘‘(B) responding to a request for an inspection
pursuant to paragraph (6)(A), or
‘‘(C) carrying out a special emphasis program
under section 12.
‘‘(3) In order to qualify for the exemption provided
under paragraph (2), an employer shall provide evidence
that—
‘‘(A) the place of employment or conditions of
employment have, during the preceding year, been
reviewed or inspected under—
‘‘(i) a consultation program provided by re-
cipients of grants under section 7(c)(1) or
24(g),
‘‘(ii) a certification or consultation pro-
gram provided by an insurance carrier or other
private business entity pursuant to a State pro-
gram, law, or regulation, or
‘‘(iii) a workplace consultation program
provided by any other person certified by the
Secretary for purposes of providing such con-
sultations and the program under clause (i) or
(ii) or this clause includes means of assuring
that serious hazards identified in the consulta-
tion are corrected within an appropriate time,
or
‘‘(B) the place of employment has an exemplary
safety record and the employer maintains a safety
and health program for the workplace which in-
cludes—
‘‘(i) procedures for assessing hazards to
the employer’s employees which are inherent to
the employer’s operations or business;
‘‘(ii) procedures for correcting or control-
ling such hazards in a timely manner based
upon the severity of the hazard; and
‘‘(iii) employee participation in the pro-
gram which participation includes at the least—
‘‘(I) regular consultation between the
employer and non-supervisory employees
regarding safety and health issues;
‘‘(II) assurances that participating
non-supervisory employees have training or
expertise on safety and health issues con-
sistent with their responsibilities; and
‘‘(III) opportunity for non-supervisory
employees to make recommendations re-
garding hazards in the workplace and to
receive responses or to implement improve-
ments in response to such recommenda-
tions.
‘‘(4) The Secretary may require that an employer in
order to claim the exemption give certification to the Sec-
retary and notice to the employer’s employees of such eli-
gibility.
‘‘(5)(A) The program established under paragraph
(1) shall provide that only a penalty assessed under sec-
tion 17(a) shall be reduced by 40 percent in any case in
which the employer maintains a written safety and health
program for the worksite at which the violation for which
the penalty was assessed took place.
‘‘(B) No penalty shall be assessed against an em-
ployer for a violation except where an employer has failed
to correct a violation within a reasonable time set for
abatement or a violation which creates an imminent dan-
ger or has caused death or a willful violation which has
caused serious injury to an employee if the worksite at
which the violation occurred has been reviewed or in-
spected under a program described in section 8A(c)(1)
during the one year period before the date of the citation
for such violation.
‘‘(6) The Secretary shall, within 6 months after the
date of the enactment of the Occupational Safety and
Health Reform Act, establish a program for the certifi-
cation of safety and health consultants to conduct inspec-
tions under this section.
‘‘(c)(1) The Secretary shall give special recognition
to worksites and companies and other organizations which
have implemented particularly effective approaches to ad-
dressing occupational safety and health in the workplace,
including those which provide for effective employee in-
volvement in improving safety and health, and which are
as a consequence deserving of special recognition. Such
recognition may include the exemptions from inspections
and reductions in penalties described in subsection (b).
‘‘(2) A worksite or company or organization to which
an award is made under paragraph (1) and which agrees
to help other American companies or organizations im-
prove their occupational safety and health may publicize
its receipt of such award and use the award in its advertis-
ing.
‘‘(3)(A) Subject to subparagraph (B), separate cri-
teria for recognition shall be used for qualifying organiza-
tions and companies in each of the following categories:
‘‘(i) Small businesses.
‘‘(ii) Other companies or their subsidiaries.
‘‘(iii) Companies which primarily perform con-
struction work.
‘‘(B) The Secretary may at any time expand, sub-
divide, or otherwise modify the list of categories within
which awards may be made as initially in effect under sub-
paragraph (A) and may establish separate awards for
other organizations and companies including units of gov-
ernment.
‘‘(4) An organization or company may qualify for an
award under paragraph (1) only if it—
‘‘(A) applies to the Secretary in writing, for the
award,
‘‘(B) permits a rigorous evaluation of its occu-
pational safety and health operations, and
‘‘(C) meets such requirements and specifica-
tions as the Secretary determines to be appropriate
to achieve the objectives of this subsection.
In applying subparagraph (C) with respect to any organi-
zation or company, the Secretary shall rely upon an inten-
sive evaluation of the occupational safety and health oper-
ation. The examination should encompass all aspects of
the organization’s or company’s current occupational safe-
ty and health practice. The award shall be given only to
organizations and companies which have demonstrated
outstanding performance in their occupational safety and
health practices and which demonstrate effective occupa-
tional safety and health practices through the training and
involvement of all levels of personnel.
‘‘(5) The Secretary shall ensure that all program par-
ticipants receive the complete results of their audits as
well as detailed explanations of all suggestions for im-
provements. The Secretary shall also provide information
about the awards and the successful quality improvement
strategies and programs of the award-winning participants
to all participants and other appropriate groups.
‘‘(6) The Secretary is authorized to seek and accept
gifts, including in kind assistance, from public and private
sources to carry out the program under this subsection.
‘‘(7) The Secretary shall prepare and submit to the
President and the Congress, within 3 years after the date
of the enactment of this section, a report on the progress,
findings, and conclusions of activities conducted pursuant
to this subsection along with recommendations for possible
modifications thereof.
‘‘(d) This subsection authorizes the consultative serv-
ices to employers provided under cooperative agreements
between the States and the Occupational Safety and
Health Administration and described in part 1908 of title
39 of the Code of Federal Regulations.
‘‘(e) In addition to the other programs in this section,
the Secretary shall establish programs to provide edu-
cation, training, and technical assistance to employers and
employees to assist them in the provision of safe and
healthful workplaces and compliance with the require-
ments of this Act.
‘‘(f) Not less than one-fourth of the annual appro-
priation made to the Secretary to carry out this Act shall
be expended to carry out this section.’’.
(b) DEFINITION.—Section 3 (29 U.S.C. 652) is
amended by adding at the end the following:
‘‘(15) The term ‘exemplary safety record’
means such record as the Secretary shall annually
determine for each industry. Such record shall in-
clude employers which have had, in the most recent
reporting period, no employee death caused by occu-
pational injury and fewer lost workdays due to occu-
pational injury and illness than the average for the
industry of which the employer is a part.’’.
SEC. 8. EMPLOYER DEFENSES.
Section 9 (29 U.S.C. 658) is amended by adding at
the end the following:
‘‘(d) No citation may be issued under subsection (a)
to an employer unless the employer knew or with the exer-
cise of reasonable diligence would have known of the pres-
ence of the alleged violation. No citation shall be issued
under subsection (a) to an employer for an alleged viola-
tion of section 5, any standard, rule, or order promulgated
pursuant to section 6, any other regulation promulgated
under this Act, or any other occupational safety and
health standard 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 the em-
ployer has taken reasonable measures to discipline
employees when violations of such work rules have
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.
‘‘(e) A citation issued under subsection (a) to an em-
ployer who violates the requirements of 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 employees of such em-
ployer were protected by alternative methods equally or
more protective of the employee’s safety and health than
those required by such standard, rule, order, or regulation
in the factual circumstances underlying the citation.
‘‘(f) Subsections (d) and (e) shall not be construed
to eliminate or modify other defenses which may exist to
any citation.’’.
SEC. 9. THE OCCUPATIONAL SAFETY AND HEALTH REVIEW
COMMISSION.
(a) SECTION 10.—Section 10(c) (29 U.S.C 659(c))
is amended—
(1) in the first sentence, by striking out ‘‘fifteen
working days’’ and inserting in lieu thereof ‘‘30
working days’’, and
(2) by striking out the second sentence and in-
serting in lieu thereof the following: ‘‘The Commis-
sion shall issue an order, based on de novo findings
of fact and de novo conclusions of law, affirming,
modifying, or vacating the Secretary’s citation or
proposed penalty or directing other appropriate re-
lief. Such order shall become final 30 days after it
is issued.’’.
(b) SECTION 11.—Section 11(a) (29 U.S.C 660(a) is
amended by inserting after ‘‘conclusive’’ at the end of the
sixth sentence the following: ‘‘and the Commission’s con-
clusions with respect to questions of law shall be given
deference if reasonable’’.
SEC. 10. DISCRIMINATION.
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing out paragraphs (2) and (3) and inserting in lieu there-
of the following:
‘‘(2) Any employee who believes that the employee
has been discharged or otherwise discriminated against by
any person in violation of paragraph (1) or who believes
that the employee has been discharged or discriminated
against because of an action taken by the employee under
section 8(f), may, within 60 days after such violation oc-
curs, file a complaint with the Secretary alleging such dis-
crimination. Upon receipt of such a complaint the Sec-
retary shall notify the person named in the complaint and
begin an investigation to determine if the Secretary
should, on behalf of such employee, request the Commis-
sion to take action on the basis of such complaint. The
Secretary shall make such determination within 90 days
of the filing of such complaint.
‘‘(3) If within such 90 days, the Secretary does not
file a complaint on behalf of the complainant with the
Commission, such employee may file such complaint with
the Commission. If such a complaint is filed with the Com-
mission, the Commission shall provide opportunity for a
hearing (in accordance with section 554 of title 5, United
States Code, but without regard to subsection (a)(3) of
such section), and issue an order, based upon findings of
the complaining party shall file a complaint pending com-
pletion of the mediation.
‘‘(ii) The mediator shall have 60 days from the time
of the referral to mediate the dispute to complete the me-
diation. If the complaint has not been resolved within such
60-day period or such extension as may be agreed upon,
the mediation shall be deemed to be completed. The par-
ties may extend the mediation for an additional 60 days
by mutual agreement.
‘‘(iii) The complaint shall be resolved through medi-
ation in a manner that is mutually agreeable to the par-
ties. Such resolution shall be binding upon the parties and
shall preclude resort to other legal proceedings except as
provided in subparagraph (E).
‘‘(D)(i) Any agreement shall be kept confidential by
the parties to the mediation unless all parties to the medi-
ation agree otherwise in writing.
‘‘(ii) All communications, oral or written, made in
connection with the mediation (including memoranda,
work product, transcripts, notes, or other materials) shall
be kept confidential by the participants to the mediation.
‘‘(iii) The material referred to in clause (ii) shall not
be subject to disclosure through discovery or compulsory
process and shall not be used as evidence in any investiga-
tory, arbitral, judicial, administrative, or other proceeding.
‘‘(E) A party to an agreement made pursuant to me-
diation under this paragraph may bring an action to en-
force the agreement in any Federal or State court of com-
petent jurisdiction.
‘‘(F) Except as provided in subparagraph (C)(iii),
nothing in this paragraph shall be interpreted to effect or
modify whatever rights and obligations the parties may
have under arbitration agreements or other form of alter-
native dispute resolution mechanisms.’’.
SEC. 11. ENFORCEMENT.
(a) SPECIAL CONDITIONS AND PRACTICES.—Section
13 (29 U.S.C. 662) is amended by striking out subsection
(c), by redesignating subsections (a) and (b) as sub-
sections (b) and (c), respectively, and by inserting before
subsection (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 or be-
fore the imminence of such danger can be eliminated
through the enforcement procedures otherwise provided by
this Act, the Secretary may so inform the employer and
provide notice to the affected employees and shall request
that the condition or practice be corrected immediately or
that employees be immediately removed from exposure to
such danger. The notice shall be removed by the Secretary
from the place of employment not later than 72 hours
after the notice was first posted unless a court in an action
brought under subsection (c) requires that the notice be
maintained. The Secretary shall not prevent the continued
activity of employees whose presence is necessary to avoid,
correct, or remove such imminent danger or to maintain
the capacity of a continuous process operation to resume
normal operations without a cessation of operations or
where cessation of operations is necessary, to permit such
to be accomplished in a safe and orderly way.
‘‘(2) 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 (1).’’.
(b) MANDATORY SPECIAL EMPHASIS.—Section 8 (29
U.S.C. 657), as amended by section 6, is amended by add-
ing at the end the following:
‘‘(j)(1) The Secretary shall establish and carry out
a special emphasis program for identifying and correcting
existing or newly recognized hazards in selected industries
and operations and high hazard industries and operations.
‘‘(2) Each special emphasis program under para-
graph (1) shall consist of a planned and coordinated ef-
fort, including outreach, education and training programs,
and inspections. Before beginning any such program, the
Secretary shall meet and discuss with representatives of
employers and employees in the industries affected by
such program the intended goals and benefits of such pro-
gram, the number of inspections under such program, and
the nature of other activities planned. To the extent prac-
ticable, the Secretary shall coordinate efforts with such
representatives. Each such program shall have a date of
termination and shall include methods of evaluating the
effectiveness of the program in reducing illness and injury
in the targeted industries or operations.’’.
(c) INVESTIGATIONS OF DEATHS AND SERIOUS INCI-
DENTS.—Section 8 (29 U.S.C. 657), as amended by sub-
section (b), is amended by adding at the end the following:
‘‘(k)(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.
‘‘(3) As used in this subsection, the term ‘serious in-
cident’ means an incident that results in the hospitaliza-
tion of 3 or more employees. The Secretary shall by regu-
lation define ‘hospitalization’.’’.
SEC. 12. PENALTIES.
(a) IN GENERAL.—Section 17 (29 U.S.C. 666) is
amended by striking out subsections (a), (b), (c), (j), and
(k), by redesignating subsections (d), (e), (f), (g), (h), (i),
and (l) as subsections (b), (c), (d), (e), (f), (g), and (h),
and by inserting after ‘‘17.’’ the following:
‘‘(a) Any employer who violates the requirements of
section 5, any standard, rule, or order promulgated pursu-
ant to section 6, or any other regulation promulgated
under this Act may be assessed a civil penalty of not more
than $7,000. The Commission shall have authority to as-
sess all civil penalties provided in this section, giving due
consideration to the appropriateness of the penalty with
respect to—
‘‘(1) the size of the employer,
‘‘(2) the number of employees exposed to the
violation,
‘‘(3) the likely severity of any injuries directly
resulting from such violation,
‘‘(4) the probability that the violation could re-
sult in injury or illness,
‘‘(5) the employer’s good faith in correcting the
violation after it has been identified,
‘‘(6) the extent to which employee misconduct
was responsible for the violation, and
‘‘(7) the effect of the penalty on the employer’s
ability to stay in business.’’.
(b) SPECIAL ASSESSMENTS.—Section 17 (29 U.S.C.
666), as amended by subsection (a), is amended by adding
at the end the following:
‘‘(i) The Secretary shall, by regulation, prescribe pro-
cedures for determining that conditions surrounding a vio-
lation warrant a special assessment. Such regulation shall
provide that all findings shall be in narrative form and
provide for individual review of violations for special as-
sessment in the following circumstances:
‘‘(1) Violations causing fatalities.
‘‘(2) An excessive history of serious injuries to
employees or a pattern of violations of this Act
which cause or are likely to cause death or serious
physical injury to employees.
When the Secretary determines that a special assessment
is appropriate, the Secretary may apply an appropriate
multiplier, based on the factors listed in subsection (a),
of not greater than 10 to the penalty determined under
subsection (a). In addition to any fines assessed with re-
spect to the violations described in paragraphs (1) and (2),
the Secretary may require the employer involved to estab-
lish a comprehensive safety and health program for the
worksite at which the violations occurred and provide reg-
ular certification to the Secretary that such employer is
in compliance with such program.’’.
(c) PENALTIES.—
(1) CITATIONS.—Section 17 (29 U.S.C. 666),
as amended by subsection (b), is amended by adding
at the end the following:
‘‘(j) Nothing in this Act shall be construed as requir-
ing the Secretary to issue a citation for violations of this
Act if the Secretary believes that the public interest will
be adequately served by a suitable written notice or warn-
ing.’’.
(2) KNOWING
VIOLATION.—Subsection (c) of
section 17 (29 U.S.C. 666), as amended by sub-
section (a), is amended to read as follows:
‘‘(c) If any employer who knowingly violates any
standard, rule, or order promulgated pursuant to section
6 or any regulation prescribed pursuant to this Act and
if such violation caused death to any employee, such em-
ployer, if such employer knew such violation would place
an employee in imminent danger of death and the employ-
er’s conduct in the circumstances manifests an extreme
indifference or reckless disregard of human life, shall upon
conviction be punished by a fine in accordance with section
3571 of title 18, United States Code, or by imprisonment
of not more than 3 years, or both. If the conviction is
for a violation committed after a first conviction under
this subsection of such person, imprisonment shall be for
not more than 6 years.’’.
(d) VICTIM’S RIGHTS.—Section 10 (29 U.S.C. 659)
is amended by adding at the end the following:
‘‘(d)(1) The Secretary shall provide any individual
who is a victim of a violation of this Act with—
‘‘(A) access to information respecting any inves-
tigation of the Secretary or hearing by the Commis-
sion of such violation, to citations issued for such
violation, to penalties imposed under this section for
such violation, and to settlements made respecting
such violation, and
‘‘(B) an opportunity to meet with the Secretary
or a representative of the Secretary respecting such
violation.
‘‘(2) For purposes of paragraph (1), the term ‘victim’
means—
‘‘(A) 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
‘‘(B) a family member of an employee described
in subparagraph (A) who is killed as a result of such
injury or illness.’’.
SEC. 13. STATE PROGRAMS.
Section 18(c) (29 U.S.C. 667(c)) is amended—
(1) in paragraph (2), by striking out ‘‘and
which’’ and inserting in lieu thereof ‘‘which’’ and by
inserting after the comma at the end the following:
‘‘and which standards when applicable to the label-
ing, content, and hazard information for such prod-
ucts are identical to any requirement under a stand-
ard promulgated under section 6,’’,
(2) in paragraph (4), by inserting before the
comma the following: ‘‘at least as effective as en-
forcement by the Secretary’’, and
(3) by adding after and below paragraph (8)
the following: ‘‘The Secretary may waive any of the
requirements of this subsection (other than the re-
quirements of paragraphs (2) and (6)) upon a re-
quest of a State seeking approval of a plan or an
amendment to an approved plan. Such a waiver shall
not extend for more than 3 years but may be re-
newed if the Secretary determines that the rate of
occupational fatalaties, injuries, and illnesses has
declined in such State during the period of the
waiver.’’.
SEC. 14. NIOSH.
The Occupational Safety and Health Act (as amend-
ed by section 2) is amended by repealing section 23 (29
U.S.C. 671) and the functions and authorities provided
to the National Institute of Occupational Safety and
Health under section 22 are transferred to the Secretary
of Labor. The responsibilities and authorities of the Sec-
retary of Health and Human Services under sections 21,
22, and 23 are transferred to the Secretary of Labor. The
Secretary of Labor shall take such actions as are nec-
essary to avoid duplication of programs and to maximize
training, education, and research under the Occupational
Safety and Health Act of 1970.
SEC. 15. PREVENTION OF ALCOHOL AND SUBSTANCE
ABUSE.
The Occupational Safety and Health Act of 1970 (as
amended by section 2) is amended by repealing sections
29 through 32, by redesignating sections 33, 34, and 35
as sections 30, 31, and 32, respectively, and by inserting
after section 28 (29 U.S.C. 676) the following:
‘‘ALCOHOL AND SUBSTANCE ABUSE TESTING
‘‘SEC. 29. (a) Whenever there exists the reasonable
probability that the safety or health of any employee could
be endangered because of the use of alcohol or a controlled
substance in the workplace, the employer of such employee
may establish and implement an alcohol and substance
abuse testing program in accordance with subsection (b).
‘‘(b) The Secretary shall establish standards under
section 6 for substance abuse and alcohol testing programs
established under subsection (a) as follows:
‘‘(1) The substance abuse testing program shall
conform, to the maximum extent practicable, to sub-
part 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
amendments adopted to such guidelines.
‘‘(2) The alcohol testing program shall take the
form of alcohol breath analysis and shall conform, to
the maximum extent practicable, to any guidelines
developed by the Secretary of Transportation for al-
cohol testing of mass transit employees under the
Department of Transportation and Related Agencies
Appropriations 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.’’.
SEC. 16. COST EFFECTIVENESS STUDIES.
(a) STUDIES.—The Secretary of Labor shall contract
with a qualified organization or agency to conduct studies
of the effect of standards promulgated under section 6.
Each study shall assess the costs of implementation of the
standard, both in the first year and on an annual basis,
on employers and the effectiveness of the standard in re-
ducing injuries and illnesses. Standards shall be
prioritized for study according to their estimated cost of
compliance at the time of promulgation.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $2,000,000 for each of
the fiscal years 1995, 1996, 1997, 1998, and 1999 for
carrying out the studies described in subsection (a).
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