Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998
PL 105-197 (H.R.2864), enacted 07/16/1998

112 STAT. 638 
PUBLIC LAW 105-197-JULY 16, 1998 
Public Law 105-197 
105th Congress 
July 16, 1998 
[H.R. 2864] 
Occupational 
Safety and 
Health 
Administration 
Compliance 
Assistance 
Authorization 
Act of 1998. 
29 u s e 651 note. 
29 u s e 670. 
Contracts. 
Regulations. 
An Act 
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 Representatives 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 Authorization 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 cooperative 
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 undertake to 
establish and maintain safe and healthful employment and 
places of emplo)anent. 
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 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. 
The State shall ensure that on-site consultations conducted pursu-
ant to such agreements 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 exposure 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 oppor-
tunity for comment, establish rules under which an employer— 
"(A) which requests and undergoes an on-site consultative 
visit provided under this subsection; 
PUBLIC LAW 105-197—JULY 16, 1998 
112 STAT. 639 
**(B) which corrects the hazards that have been identified 
during the visit within the time frames estabUshed 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; and 
"(C) which is implementing procedures for regularly identi-
fying £ind preventing hazards regulated under this Act and 
maintains 
appropriate involvement of, and training 
for, 
management and non-management employees in achieving safe 
and healthful 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 hospitsdization for three or more employees) for a 
period of 1 year from the closing of the consultative visit. 
"(5) A State shall provide worksite consultations under para-
graph (2) at the request of an employer. Priority in scheduling 
such consultations shall be assigned to requests from small 
businesses which are in higher hazard industries or have the most 
hazardous conditions at issue in the request.". 
Approved July 16, 1998. 
LEGISLATIVE HISTORY—H.R. 2864: 
HOUSE REPORTS: No. 105-444 (Comm. on Education and the Workforce), 
CONGRESSIONAL RECORD. Vol. 144 (1998): 
Mar. 17, considered and passed House. 
June 24, considered and passed Senate.