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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 Mar 17, 1998 (Reported by House Committee).


HR 2864 RH

Union Calendar No. 252

105th CONGRESS

2d Session

H. R. 2864

[Report No. 105-444]

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

March 17, 1998

Additional sponsors: Mr. GOODLING, Mr. PETERSON of Pennsylvania, Mr. HAYWORTH, Mr. HEFLEY, Mr. DEAL of Georgia, Mr. DOOLITTLE, Mr. MILLER of Florida, Mr. ROEMER, Mr. WICKER, and Mr. Jones

March 17, 1998

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]


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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1997’. [<-Struck out]

[Struck out->] SEC. 2. COMPLIANCE ASSISTANCE PROGRAM. [<-Struck out]

    [Struck out->] Section 21 of the Occupational Safety and Health Act of 1970 is amended by adding at the end the following new subsection: [<-Struck out]

    [Struck out->]

    ‘(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-- [<-Struck out]

      [Struck out->]

      ‘(A) the application of occupational safety and health requirements under this Act or under State plans approved under section 18; and [<-Struck out]

      [Struck out->]

      ‘(B) voluntary efforts that employers may undertake to establish and maintain safe and healthful employment and places of employment. [<-Struck out]

    [Struck out->]

    ‘(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. [<-Struck out]

    [Struck out->]

    ‘(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. [<-Struck out]

    [Struck out->]

    ‘(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. [<-Struck out]

    [Struck out->]

    ‘(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.’. [<-Struck out]

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 3 or more employees) for a period of one 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.’.

Union Calendar No. 252

105th CONGRESS

2d Session

H. R. 2864

[Report No. 105-444]

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.


March 17, 1998

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed