Construction Safety, Health, and Education Improvement Act of 1990 - Renames the Office of Construction and Engineering within the Occupational Safety and Health Administration (OSHA) the Office of Construction Safety, Health, and Education (the Office), which is to protect the safety and health of construction workers and educate them concerning hazardous conditions on the worksite. Provides that the Office shall be headed by a Deputy Assistant Secretary of Labor for Occupational Safety and Health.
Amends the Occupational Safety and Health Act of 1970 (the Act) to direct the Secretary of Labor (the Secretary) to establish an effective and fair system for construction worksite inspections by the Office. Gives priority to inspection of: (1) projects and worksites of owners and employers having a higher than average incidence of severity of injuries or illnesses for the type of construction involved; and (2) worksites and operations with a high potential for fatalities or serious injuries and illnesses.
Requires the construction safety specialist to provide the Secretary a notice containing specified information on a construction project prior to commencement of work, unless it is necessary to perform such work immediately to prevent injury to persons, and notice is given to the Secretary as soon as practicable.
Requires an employer to report to the appropriate regional office of OSHA by telephone or telegraph any incident involving construction work that results in: (1) a fatality or serious injury (within four hours after the incident's occurrence); or (2) a structural failure that leads to the collapse of a place of employment (within 24 hours after the incident's occurrence). Requires the construction safety specialist to submit a written follow-up report with specified information. Directs the Secretary to conduct site inspections to investigate all such reports, as well as all reports of those categories of serious injuries the Secretary prescribes. Requires such inspections within 24 hours after receipt of the telephone or telegraph report, unless site conditions would make inspection dangerous. Directs the Secretary to make public a narrative description of the occurrence.
Requires each construction contractor to maintain accurate records of accidents and injuries at a construction worksite.
Requires a construction safety specialist to: (1) ensure worksite compliance with the onsite plan and with guidelines of the Secretary and the Advisory Committee on Construction Safety and Health; (2) maintain a detailed worksite safety report; and (3) upon discovery of a hazard, order the contractor to eliminate it and inform the contractor, owner, and Secretary of any imminent dangers.
Authorizes the Secretary to issue regulations providing for certain exemptions from this Act for specified types of construction projects, operations, or construction contractors, conditioned on compliance with alternative requirements capable of promoting employee safety and health.
Requires a construction contractor to establish a written safety and health program, to be managed by a construction safety specialist. Sets forth the requirements of such a program, including safety and health training for supervisors and employees, construction worksite instruction, inspections, emergency evacuation plans, and material safety data sheets. Requires such programs to have a procedure whereby, if an employee or employee representative reasonably believes that an imminent danger exists, work in the endangered area will stop until a construction safety professional arrives and completes an inspection to determine whether a danger exists. Requires written reports of such evaluations and analyses to be provided immediately to the construction safety specialist and the employee requesting them. Requires a contractor who denies such a request to provide written reasons immediately to the specialist, the employee making the request, and the employee's representative. Requires the employee to return immediately to work, if the site is determined safe. Requires employees working in that area to stop entering an unsafe area until the dangerous condition is corrected and the correction approved by the construction safety specialist.
Directs the Construction Safety and Health Training Academy to: (1) train employees of the Office who conduct construction worksite inspections and other appropriate persons; and (2) train and certify construction safety specialists who have fulfilled requirements of a standardized training course and testing program.
Revises Federal law relating to the National Institute for Occupational Safety and Health.
Increases criminal penalties for any employer's willful violations of such Act which result in serious injury or death to an employee. Makes employers who cause such results through specified criminal negligence also liable to such penalties. Doubles the maximum amount of such fines for repeat offenders.
Sets forth criminal penalties for persons giving advance notice of any OSHA inspection without authority from the Secretary or the Secretary's designees.
Amends the Contract Work Hours and Safety Standards Act to grant the Advisory Committee on Construction Safety and Health specified powers to carry out its functions.
Directs the President, in the budget message, to separate the appropriation account for construction industry safety activities from that of nonconstruction activities under such Act and the Occupational Safety and Health Act of 1970.
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Subcommittee Hearings Held.
Referred to the Subcommittee on Health and Safety.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Executive Comment Requested from Labor.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
Forwarded by Subcommittee to Full Committee (Amended).
Subcommittee Consideration and Mark-up Session Held.
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