8A(c)(1) during the one year period before the date of the
citation for such violation.’’.
(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 (e) of
section 17 (29 U.S.C. 666) is amended to read as
follows:
‘‘(e) 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. If the conviction is for a viola-
tion committed after a first conviction under this sub-
section 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.
Section 22 (29 U.S.C. 671) is repealed and the func-
tions 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 Secretary of Health and Human
Services under sections 20, 21, and 22 are transferred to
the Secretary of Labor. The Secretary of Labor shall take
such actions as are necessary to avoid duplication of pro-
grams and to maximize training, education, and research
under the Occupational Safety and Health Act of 1970.
SEC. 15. PREVENTION OF ALCOHOL AND SUBSTANCE
ABUSE.
Sections 28 through 31 are repealed, sections 32, 33,
and 34 are redesignated as sections 29, 30, and 31, re-
spectively, and the following is inserted after section 27
(29 U.S.C. 676):
‘‘ALCOHOL AND SUBSTANCE ABUSE TESTING
‘‘SEC. 28. (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. SMALL BUSINESS ASSISTANCE AND TRAINING.
Section 16 (29 U.S.C. 655) is amended by inserting
‘‘(a)’’ after ‘‘16.’’ and by adding at the end the following:
‘‘(b) The Secretary shall publish and make available
to employers a model injury prevention program which if
completed by the employer shall be deemed to meet the
requirement for an exemption under section 8A or a re-
duction in penalty under section 17(a)(2)(B).
‘‘(c) The Secretary shall establish and implement a
program to provide technical assistance and consultative
services for employers and employees, either directly or by
grant or contract, concerning worksite safety and health
and compliance with this Act. Such assistance shall be
targeted at small employers and the most hazardous
industries.
‘‘(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) Not less than one-fourth of the annual appro-
priation made to the Secretary to carry out this Act shall
be expended for the purposes described in this section.’’.
SEC. 17. EXEMPLARY PROGRAMS.
(a) ESTABLISHMENT.—The Secretary of Labor shall
establish an award which shall periodically be made to
companies and other organizations which have imple-
mented particularly effective approaches to addressing oc-
cupational safety and health in the workplace, including
those which provide for effective employee involvement in
improving safety and health, and which are as a con-
sequence deserving of special recognition.
(b) USE OF AWARD.—A company or organization to
which an award is made under subsection (a) and which
agrees to help other American companies or organizations
improve their occupational safety and health may publicize
its receipt of such award and use the award in its advertis-
ing, but it shall be ineligible to receive another such award
in the same category for a period of 5 years.
(c) CATEGORIES
IN
WHICH
AWARD
MAY
BE
GIVEN.—
(1) CATEGORIES.—Subject to paragraph (2),
separate awards shall be made to qualifying organi-
zations and companies in each of the following cat-
egories—
(A) Small businesses.
(B) Other companies or their subsidiaries.
(C) Companies which primarily perform
construction work.
(2) CHANGE IN LIST.—The Secretary of Labor
may at any time expand, subdivide, or otherwise
modify the list of categories within which awards
may be made as initially in effect under paragraph
(1) and may establish separate awards for other or-
ganizations and companies including units of govern-
ment, upon a determination that the objectives of
this section would be better served thereby; except
that any such expansion, subdivision, modification,
or establishment shall not be effective unless and
until the Secretary of Labor has submitted a de-
tailed description thereof to the Congress and a pe-
riod of 30 days has elapsed since that submission.
(3) Not more than two awards may be made
within any subcategory in any year (and no award
shall be made within any category or subcategory if
there are no qualifying enterprises in that category
or subcategory).
(d) CRITERIA FOR QUALIFICATION.—An organization
or company may qualify for an award under subsection
(a) only if it—
(1) applies to the Secretary of Labor in writing,
for the award,
(2) permits a rigorous evaluation of its occupa-
tional safety and health operations, and
(3) meets such requirements and specifications
as the Secretary of Labor determines to be appro-
priate to achieve the objectives of this section.
In applying paragraph (3) with respect to any organiza-
tion or company, the Secretary of Labor shall rely upon
an intensive evaluation of the occupational safety and
health operation. The examination should encompass all
aspects of the organization’s or company’s current occupa-
tional safety and health practice. The award shall be given
only to organizations and companies which have made out-
standing improvements 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.
(e) INFORMATION TRANSFER PROGRAM.—The Sec-
retary of Labor shall ensure that all program participants
receive the complete results of their audits as well as de-
tailed explanations of all suggestions for improvements.
The Director 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.
(f) FUNDING.—The Secretary of Labor is authorized
to seek and accept gifts from public and private sources
to carry out the program under this section. If additional
sums are needed to cover the full cost of the program,
the Secretary of Labor shall impose fees upon the organi-
zations and companies applying for the award in amounts
sufficient to provide such additional sums.
(g) REPORT.—The Secretary of Labor 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 activi-
ties conducted pursuant to this section along with rec-
ommendations for possible modifications thereof.
SEC. 18. ECONOMIC IMPACT ANALYSIS.
The Secretary of Labor shall conduct a continuing
comprehensive analysis of the costs and benefits of each
standard in effect under section 6 of the Occupational
Safety and Health Act of 1970. The Secretary shall first
report the results of such analysis to Congress upon the
expiration of 2 years after the date of the enactment of
this Act and shall report every 2 years thereafter.