OSHA Modernization Act of 1997

OSHA Modernization Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act.

(Sec. 3) Revises inspection provisions.

Prohibits routine inspections of, or enforcement of rules against, employers of ten 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 workday case rate which is less than the national average.

Grants the Secretary of Labor specified types of discretionary authority in determining which employee complaints must receive special inspection responses.

(Sec. 4) Directs the Secretary to establish a voluntary compliance program granting partial exemption from certain OSHA safety and health inspections and investigations 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, including having an employee participation program.

(Sec. 5) Adds to employer defenses to a violation citation the defenses of employee misconduct or alternative methods equally or more protective of employee safety and health.

(Sec. 6) Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected.

(Sec. 7) Provides for warnings in lieu of citations, at the Secretary's discretion.

(Sec. 8) Reduces penalties for nonserious violations and where there are mitigating circumstances.

Directs the Occupational Safety and Health Review Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for various reductions of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions.

(Sec. 9) Directs the Secretary to enter into cooperative agreements with States for State provision of consultation services to employers on safe and healthful working conditions, if the State's approved plan does not provide for federally funded consultation services.

Requires that at least 15 percent of the annual OSHA appropriation be expended for education, consultation, and outreach efforts.

(Sec. 10) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems specified mandatory features; and (2) a voluntary protection program, also with specified mandatory features, to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. Authorizes the Secretary to charge an annual fee to participants in the voluntary protection program.