Occupational Safety and Health Reform Act of 1997

Occupational Safety and Health Reform Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions relating to use of OSHA in private litigation. Provides that an allegation, a finding, or an abatement of an alleged violation, under OSHA or the standards promulgated under OSHA, shall not be admissible as evidence in any civil action or used to increase the amount of payments received under any workers' compensation law for any work-related injury.

(Sec. 3) Provides that, on multi-employer work sites, an employer may not be cited for a violation of certain duties if the employer: (1) has not created the condition that caused the violation; or (2) has no employees exposed to the violation and has not assumed responsibility for ensuring compliance by other employers on the work site.

(Sec. 4) Requires the following criteria in development of OSHA standards: (1) significant risk; (2) technological and economical feasibility; (3) reasonable cost-benefit relationship; (4) cost-effectiveness and minimal job loss; and (5) expression in objective criteria and desired performance.

Prohibits citation for violation of a standard for which the employer has a variance pending.

Revises standard priorities based on toxicity and numbers exposed.

Requires a regulatory flexibility analysis for each standard promulgated. Requires minimization of time, efforts, and costs involved in retention, reporting, notifying, or disclosure of information required under such standards.

(Sec. 5) Revises inspection provisions, including those relating to the authority of the Secretary of Labor and to recordkeeping requirements.

Grants the Secretary discretion in determining which employer complaints must receive formal inspection responses.

Requires inspections to be conducted by at least one individual trained in and knowledgeable of the industry or the types of hazards.

Provides for fire hazard inspection training and referral.

Prohibits routine inspections of employers of 50 or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; or (2) in a category of employers having an occupational injury or a lost day rate which is less than the national average.

(Sec. 6) Directs the Secretary to establish a voluntary compliance program granting partial exemption from OSHA general inspections for employers who either retain certain consultation or certification programs or have an exemplary safety record and a safety and health program meeting specified criteria.

(Sec. 7) Adds employer defenses of employee misconduct or alternative safer methods.

(Sec. 8) Revises enforcement procedures with respect to notification of deadlines for employer contests of citations before the Occupational Safety and Health Review Commission. Places the burden of proof on the Secretary in all hearings before the Commission relating to a contested citation. Revises judicial review provisions to require the court to make its own determination as to questions of law, including the reasonable interpretation of standards, and to not accord deference to either the Commission or the Secretary.

(Sec. 9) Revises procedures for discrimination protection for whistle-blowers under OSHA. Directs the Secretary to attempt to eliminate the alleged violation by informal methods before bringing an action in any appropriate U.S. district court against an employer. Allows an employer against whom such an action is brought to demand that the issue of discrimination be determined by jury trial. Makes such provisions the exclusive means of securing a remedy for any aggrieved employee. Provides that any records of the Secretary relating to such investigations and enforcement proceedings shall not be subject to inspection and examination by the public while open or pending in the U.S. district court.

(Sec. 10) Provides for special enforcement procedures through which the Secretary can require an employer to correct a condition of imminent danger to employees.

(Sec. 11) Requires the Secretary of Labor to establish small business assistance and training programs, including: (1) model injury prevention programs, completion of which qualifies employers for certain exemptions and reductions in penalties; (2) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (3) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such worksite-based incentives for voluntary compliance.

(Sec. 12) Revises OSHA penalties in general. Limits the maximum amount of any civil penalty. Directs the Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for reduction or suspension of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. Provides that no employer shall be subject to any State or Federal criminal prosecution arising out of a workplace accident other than under specified OSHA criminal penalty provisions.

(Sec. 13) Repeals authority for the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it. Transfers to the Secretary of Labor functions and authorities of NIOSH and of the Secretary of Health and Human Services under OSHA.

(Sec. 14) Directs the Secretary of Labor to conduct a continuing comprehensive economic impact analysis of the costs and benefits of each standard in effect under OSHA and to report the results biennially to the Congress.

(Sec. 15) Makes certain restrictions (including penalties for unfair labor practices) under the National Labor Relations Act inapplicable to employer involvement with employee health and safety committees.