H.R. 5554 (109th): Workplace Safety and Health Transparency Act of 2006

109th Congress, 2005–2006. Text as of Jun 08, 2006 (Introduced).

Status & Summary | PDF | Source: GPO

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109th CONGRESS

2d Session

H. R. 5554

IN THE HOUSE OF REPRESENTATIVES

June 8, 2006

(for himself, Mrs. Miller of Michigan, Mr. Wicker, and Mr. Tiahrt) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Occupational Safety and Health Act of 1970 and the Federal Mine Safety and Health Act of 1977 to prohibit the promulgation of safety and health standards that do not meet certain requirements for national consensus standards.

1.

Short title

This Act may be cited as the Workplace Safety and Health Transparency Act of 2006.

2.

Adoption of nongovernmental standards under the Occupational Health and Safety Act

(a)

Adoption by OSHA

The Occupational Health and Safety Act of 1970 (29 U.S.C. 651 et seq.) is amended by adding after section 6 the following:

6A.

Adoption of nongovernmental standards

(a)

Effective on the date of enactment of this section, the Secretary shall not promulgate or incorporate by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary affirmatively finds that such determination—

(1)

has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption;

(2)

was formulated in a manner which afforded an opportunity for diverse views to be considered; and

(3)

has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies.

Such finding and a summary of its basis shall be published in the Federal Register and shall be considered a final action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code.
(b)

With respect to rulemaking proceedings initiated by the Secretary but not finalized prior to the date of enactment of this section, the Secretary shall, within 180 days of the date of enactment of this section, investigate and identify the use of, influence of, or reliance upon any finding, guideline, standard, limit or any other recommendation that has not been made by an organization and procedure that does not comply with the requirements set forth in subsection (a). The Secretary shall publish the results of such investigations in the Federal Register and, in any final rule, standard, or official recommendation that is prescribed under such proceedings, shall not incorporate, use, or rely upon any finding, guideline, standard, limit, or other recommendation that does not comply with the requirements set forth in subsection (a). The Secretary’s actions under this section shall be subject to review by a United States district court of appropriate jurisdiction.

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(b)

Approval of State plans

Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) is amended by adding at the end the following:

(i)

The Secretary shall not approve a State plan under this section that incorporates by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary determines that the standards adopted in such plan are standards that—

(1)

have been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the State that persons interested and affected by the scope or provisions of such standards have reached substantial agreement on their adoption; and

(2)

were formulated in a manner which afforded an opportunity for diverse views to be considered.

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3.

Adoption of nongovernmental standards under the Federal Mine Safety and Health Act

Section 101 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811) is amended by adding at the end the following:

(f)
(1)

Effective on the date of enactment of this section, the Secretary shall not promulgate or incorporate by reference any finding, guideline, standard, limit, rule, or regulation based on a determination reached by any organization, unless the Secretary affirmatively finds that such determination—

(A)

has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption;

(B)

was formulated in a manner which afforded an opportunity for diverse views to be considered; and

(C)

has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies.

Such finding and a summary of its basis shall be published in the Federal Register and shall be considered a final action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code.
(2)

With respect to rulemaking proceedings initiated by the Secretary but not finalized prior to the date of enactment of this subsection, the Secretary shall, within 180 days of the date of enactment of this subsection, investigate and identify the use of, influence of, or reliance upon any finding, guideline, standard, limit or any other recommendation that has not been made by an organization and procedure that does not comply with the requirements of paragraph (1). The Secretary shall publish the results of such investigations in the Federal Register and, in any final rule, standard, or recommendation that is prescribed under such proceedings, shall not incorporate, use, or rely upon any finding, guideline, standard, limit, or other official recommendation that does not comply with the requirements of paragraph (1). The Secretary’s actions under this section shall be subject to review by a United States district court of appropriate jurisdiction.

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