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H.R. 2864 (105th): Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998


The text of the bill below is as of Jun 24, 1998 (Passed Congress).


H.R.2864

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

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 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 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 pursuant 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 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 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; and

      ‘(C) which is implementing procedures for regularly identifying and 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 hospitalization 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 paragraph (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.’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.