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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 Nov 7, 1997 (Introduced).


HR 2864 IH

105th CONGRESS

1st Session

H. R. 2864

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. NORWOOD, 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 referred to the Committee on Education and the Workforce


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 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 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 cooperative agreements with the States under which employers 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 undertake 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 conducted independently of any enforcement activity. If an employer fails to take immediate action to eliminate employee 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 requested 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 employees) 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.’.