Occupational Safety Partnership Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to direct the Secretary of Labor to establish a program that qualifies individuals to provide consultation services to help employers identify and correct workplace safety and health hazards. Exempts from civil penalties for two years (with a possible two-year renewal) employers who receive certificates of compliance from qualified consultants.
Authorizes employers to establish alcohol and substance abuse testing programs in accordance with federal guidelines.
Directs the Secretary to provide for: (1) employer cooperative agreements for comprehensive safety and health management systems; (2) an employer voluntary program, with increased small business participation, for excellence in technical and managerial protection of employees from occupational hazards; (3) state cooperative agreements for state consultation services for employers; and (4) a three-state pilot program for expedited consultation services for small businesses.
Requires federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) if they carry out inspections or investigations, receive professional education and training at least every five years.
Authorizes the Secretary to develop and implement at least one training and educational exchange program with a specialty trade in the construction industry for specified activities relating to OSHA Rules.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2065 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2065
To amend the Occupational Safety and Health Act of 1970 to further
improve the safety and health of working environments, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2005
Mr. Enzi (for himself, Mr. Isakson, Mr. Craig, Mr. Burr, Mr. Roberts,
Mr. Sessions, Mr. Warner, and Mr. Gregg) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Occupational Safety and Health Act of 1970 to further
improve the safety and health of working environments, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Occupational
Safety Partnership Act''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
SEC. 2. PURPOSE.
Section 2(b) of the Act (29 U.S.C. 651(b)) is amended--
(1) in paragraph (13), by striking the period and inserting
``; and''; and
(2) by adding at the end the following:
``(14) by increasing the joint cooperation of employers,
employees, and the Secretary of Labor in the effort to ensure
safe and healthful working conditions for employees.''.
SEC. 3. THIRD PARTY CONSULTATION SERVICES PROGRAM.
(a) Program.--The Act (29 U.S.C. 651 et seq.) is amended by
inserting after section 8 the following:
``SEC. 8A. THIRD PARTY CONSULTATION SERVICES PROGRAM.
``(a) Purpose.--It is the purpose of this section to encourage
employers to conduct voluntary safety and health audits using the
expertise of qualified safety and health consultants and to proactively
seek individualized solutions to workplace safety and health concerns.
``(b) Establishment of Program.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall establish and
implement, by regulation, a program that qualifies individuals
to provide consultation services to employers to assist
employers in the identification and correction of safety and
health hazards in the workplaces of employers.
``(2) Eligibility.--The following individuals shall be
eligible to be qualified under this program as certified safety
and health consultants:
``(A) An individual who is licensed by a State
authority as a physician, industrial hygienist,
professional engineer, safety engineer, safety
professional, or registered nurse.
``(B) An individual who has been employed as an
inspector for a State plan State or as a Federal
occupational safety and health inspector for not less
than a 5-year period.
``(C) An individual who is qualified in an
occupational health or safety field by an organization
whose program has been accredited by a nationally
recognized private accreditation organization or by the
Secretary.
``(D) An individual who has not less than 10 years
experience in workplace safety and health.
``(E) Other individuals determined to be qualified
by the Secretary.
``(3) Geographical scope of consultation services.--A
consultant qualified under this program may provide
consultation services in any State.
``(4) Limitation based on expertise.--A consultant
qualified under this program may only provide consultation
services to an employer with respect to a worksite if the work
performed at that worksite coincides with the particular
expertise of the individual.
``(c) Safety and Health Registry.--The Secretary shall develop and
maintain a registry that includes all consultants that are qualified
under the program under subsection (b)(1) to provide the consultation
services described in subsection (b) and shall publish and make such
registry readily available to the general public.
``(d) Disciplinary Actions.--The Secretary may revoke the status of
a consultant, or the participation of an employer in the third party
consultation program, if the Secretary determines that the consultant
or employer--
``(1) has failed to meet the requirements of the program;
or
``(2) has committed malfeasance, gross negligence,
collusion or fraud in connection with any consultation services
provided by the qualified consultant.
``(e) Program Requirements.--
``(1) General requirements.--The consultation services
described in subsection (b), and provided by a consultant
qualified under this program shall, at a minimum, consist of
the following elements:
``(A) A comprehensive, on-site, survey and audit of
the participating employer's workplace and operations
by the consultant.
``(B) The preparation of a consultation report by
the consultant.
The Secretary may, by regulation, prescribe additional
requirements for qualifying services.
``(2) Consultation report.--
``(A) In general.--Following the consultant's
physical survey of the employer's workplace and
operations, the consultant shall prepare and deliver to
the employer a written report summarizing the
consultant's health and safety findings and
recommendations. Such consultation report shall, at a
minimum, contain the following elements:
``(i) The findings of the consultant's
health and safety audit, and, where applicable,
appropriate remedial recommendations.
``(ii) A recommended health and safety
program and an action plan as described in this
paragraph.
The Secretary may, by regulation, prescribe additional
required elements for qualifying reports.
``(B) Audit and recommendations.--The consultation
report shall include an evaluation of the workplace of
the participating employer to determine if the employer
is in compliance with the requirements of this Act,
including any regulations promulgated pursuant to this
Act. The report shall identify any practice or
condition the consultant believes to be a violation of
this Act, and will set out any appropriate corrective
measures to address such identified practice or
condition.
``(C) Safety and health program.--The consultation
report shall contain a recommended safety and health
plan designed to reduce injuries, illness, and
fatalities and to otherwise manage workplace health and
safety. Such safety and health program shall--
``(i) be appropriate to the conditions of
the workplace involved;
``(ii) be in writing, and contain policies,
procedures, and practices designed to recognize
and protect employees from occupational safety
and health hazards, such procedures to include
provisions for the identification, evaluation,
and prevention or control of workplace hazards;
``(iii) be based upon the professional
judgment of the consultant and include such
elements as are necessary to the specific
worksite involved as determined by the
consultant and employer;
``(iv) contain provisions for the periodic
review and modification of the program as
circumstances warrant;
``(v) be developed and implemented with the
participation of affected employees;
``(vi) make provision for the effective
safety and health training of all personnel,
and the dissemination of appropriate health and
safety information to all personnel; and
``(vii) contain appropriate procedures for
the reporting of potential hazards, accidents
and near accidents.
The Secretary may, by regulation, prescribe additional
specific elements that may be required for any
qualifying program.
``(D) Action plan.--The consultation report shall
also contain a written action plan that shall--
``(i) outline the specific steps that must
be accomplished by the employer prior to
receiving a certificate of compliance;
``(ii) be established in consultation with
the employer; and
``(iii) address in detail--
``(I) the employer's correction of
all identified safety and health
conditions or practices that are in
violation of this Act, with applicable
timeframes; and
``(II) the steps necessary for the
employer to implement an effective
safety and health program, with
applicable timeframes.
``(3) Certificate of compliance.--Upon completion of the
steps described in the Action Plan the qualified consultant
shall issue to the employer a Certificate of Compliance in a
form prescribed by the Secretary.
``(f) Exemption From Civil Penalties for Compliance.--
``(1) In general.--If an employer receives a certificate of
compliance, the employer shall be exempt from the assessment of
any civil penalty under section 17 for a period of 2 years
after the date on which the employer receives such certificate.
``(2) Exceptions.--An employer shall not be exempt under
paragraph (1)--
``(A) if the employer has not made a good faith
effort to remain in compliance as required under the
certificate of compliance; or
``(B) if there has been a fundamental change in the
hazards of the workplace after the issuance of the
certificate.
``(g) Right To Inspect.--Nothing in this section shall be construed
to affect the rights of the Secretary to inspect and investigate
worksites covered by a certificate of compliance.
``(h) Renewal Requirements.--An employer that is granted a
certificate of compliance under this section may receive a 2 year
renewal of the certificate if a qualified consultant conducts a
complete onsite safety and health survey to ensure that the safety and
health program has been effectively maintained or improved, workplace
hazards are under control, and elements of the safety and health
program are operating effectively.
``(i) Non-Fixed Worksites.--With respect to employer worksites that
do not have a fixed location, a certificate of compliance shall only
apply to that worksite which satisfies the criteria under this section
and such certificate shall not be portable to any other worksite. This
section shall not apply to employers that perform essentially the same
work, utilizing the same equipment, at each non-fixed worksite.
``(j) Access to Records.--Any records relating to consultation
services provided by an individual qualified under this program, or
records, reports, or other information prepared in connection with
safety and health inspections, audits, or reviews conducted by or for
an employer and not required under this Act, shall not be admissible in
a court of law or administrative proceeding or enforcement proceeding
against the employer except that such records may be used as evidence
for purposes of a disciplinary action under subsection (d).''.
SEC. 4. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.
The Act (29 U.S.C. 651 et seq.) is amended by adding at the end the
following:
``SEC. 34. ALCOHOL AND SUBSTANCE ABUSE TESTING.
``(a) Program Purpose.--In order to secure a safe workplace,
employers may establish and carry out an alcohol and substance abuse
testing program in accordance with subsection (b).
``(b) Federal Guidelines.--
``(1) Requirements.--An alcohol and substance abuse testing
program described in subsection (a) shall meet the following
requirements:
``(A) Substance abuse.--A substance abuse testing
program shall permit the use of onsite or offsite
testing.
``(B) Alcohol.--The alcohol testing component of
the program shall take the form of alcohol breath
analysis and shall conform to any guidelines developed
by the Secretary of Transportation for alcohol testing
of mass transit employees under the Department of
Transportation and Related Agencies Appropriations Act,
1992.
``(2) Definition.--For purposes of this section the term
`alcohol and substance abuse testing program' means any program
under which test procedures are used to take and analyze blood,
breath, hair, urine, saliva, or other body fluids or materials
for the purpose of detecting the presence or absence of alcohol
or a drug or its metabolites. In the case of urine testing, the
confirmation tests must be performed in accordance with the mandatory
guidelines for Federal workplace testing programs published by the
Secretary of Health and Human Services on April 11, 1988, at section
11979 of title 53, Code of Federal Regulations (including any
amendments to such guidelines). Proper laboratory protocols and
procedures shall be used to assure accuracy and fairness, and,
laboratories must be subject to the requirements of subpart B of the
mandatory guidelines, State certification, the Clinical Laboratory
Improvements Act of the College of American Pathologists.
``(c) Test Requirements.--This section shall not be construed to
prohibit an employer from requiring--
``(1) an applicant for employment to submit to and pass an
alcohol or substance abuse test before employment by the
employer; or
``(2) an employee, including managerial personnel, to
submit to and pass an alcohol or substance abuse test--
``(A) on a for-cause basis or where the employer
has reasonable suspicion to believe that such employee
is using or is under the influence of alcohol or a
controlled substance;
``(B) where such test is administered as part of a
scheduled medical examination;
``(C) in the case of an accident or incident,
involving the actual or potential loss of human life,
bodily injury, or property damage;
``(D) during the participation of an employee in an
alcohol or substance abuse treatment program, and for a
reasonable period of time (not to exceed 5 years) after
the conclusion of such program; or
``(E) on a random selection basis in work units,
locations, or facilities.
``(d) Construction.--Nothing in this section shall be construed to
require an employer to establish an alcohol and substance abuse testing
program for applicants or employees or make employment decisions based
on such test results.
``(e) Preemption.--The provisions of this section shall preempt any
provision of State law to the extent that such State law is
inconsistent with this section.
``(f) Investigations.--The Secretary is authorized to conduct
testing of employees (including managerial personnel) of an employer
for use of alcohol or controlled substances during any investigations
of a work-related fatality or serious injury. Such testing shall be
done as soon as practicable after the incident giving rise to such
work-related fatality or serious injury.''.
SEC. 5. VOLUNTARY PROTECTION PROGRAMS.
(a) Cooperative Agreements.--The Secretary of Labor shall establish
cooperative agreements with employers to encourage the establishment of
comprehensive safety and health management systems that include--
(1) requirements for systematic assessment of hazards;
(2) comprehensive hazard prevention, mitigation, and
control programs;
(3) active and meaningful management and employee
participation in the voluntary program described in subsection
(b); and
(4) employee safety and health training.
(b) Voluntary Protection Program.--
(1) In general.--The Secretary of Labor shall establish and
carry out a voluntary protection program (consistent with
subsection (a)) to encourage excellence and recognize the
achievement of excellence in both the technical and managerial
protection of employees from occupational hazards.
(2) Program requirement.--The voluntary protection program
shall include the following:
(A) Application.--Employers who volunteer under the
program shall be required to submit an application to
the Secretary of Labor demonstrating that the worksite
with respect to which the application is made meets
such requirements as the Secretary of Labor may require
for participation in the program.
(B) Onsite evaluations.--There shall be onsite
evaluations by representatives of the Secretary of
Labor to ensure a high level of protection of
employees. The onsite visits shall not result in
enforcement of citations under the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.).
(C) Information.--Employers who are approved by the
Secretary of Labor for participation in the program
shall assure the Secretary of Labor that information
about the safety and health program shall be made
readily available to the Secretary of Labor to share
with employees.
(D) Reevaluations.--Periodic reevaluations by the
Secretary of Labor of the employers shall be required
for continued participation in the program.
(3) Exemptions.--A site with respect to which a program has
been approved shall, during participation in the program be
exempt from inspections or investigations and certain paperwork
requirements to be determined by the Secretary of Labor, except
that this paragraph shall not apply to inspections or
investigations arising from employee complaints, fatalities,
catastrophes, or significant toxic releases.
SEC. 6. EXPANDED ACCESS TO VVP FOR SMALL BUSINESSES.
The Secretary of Labor shall establish and implement, by
regulation, a program to increase participation by small businesses (as
the term is defined by the Administrator of the Small Business
Administration) in the voluntary protection program through outreach
and assistance initiatives and the development of program requirements
that address the needs of small businesses.
SEC. 7. TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Section 21(c) of the Act (29 U.S.C. 670(c)) is
amended--
(1) by striking ``(c) The'' and inserting ``(c)(1) The'';
(2) by striking ``(1) provide'' and inserting ``(A)
provide'';
(3) by striking ``(2) consult'' and inserting ``(B)
consult''; and
(4) by adding at the end the following:
``(2)(A) The Secretary shall, through the authority granted under
section 7(c) and paragraph (1), enter into cooperative agreements with
States for the provision of consultation services by such States to
employers concerning the provision of safe and healthful working
conditions.
``(B)(i) As provided in clause (ii), the Secretary shall reimburse
a State that enters into a cooperative agreement under subparagraph (A)
in an amount that equals 90 percent of the costs incurred by the State
for the provision of consultation services under such agreement.
``(ii) A State shall be reimbursed by the Secretary for 90 percent
of the costs incurred by the State for the provision of--
``(I) training approved by the Secretary for State
personnel operating under a cooperative agreement; and
``(II) specified out-of-State travel expenses incurred by
such personnel.
``(iii) A reimbursement paid to a State under this subparagraph
shall be limited to costs incurred by such State for the provision of
consultation services under this paragraph and the costs described in
clause (ii).''.
(b) Pilot Program.--Section 21 of the Act (29 U.S.C. 670) is
amended by adding at the end the following:
``(e)(1) Not later than 90 days after the date of enactment of this
subsection, the Secretary shall establish and carry out a pilot program
in 3 States to provide expedited consultation services, with respect to
the provision of safe and healthful working conditions, to employers
that are small businesses (as the term is defined by the Administrator
of the Small Business Administration). The Secretary shall carry out
the program for a period not to exceed 2 years.
``(2) The Secretary shall provide consultation services under
paragraph (1) not later than 4 weeks after the date on which the
Secretary receives a request from an employer.
``(3) The Secretary may impose a nominal fee to an employer
requesting consultation services under paragraph (1). The fee shall be
in an amount determined by the Secretary. Employers paying a fee shall
receive priority consultation services by the Secretary.
``(4) In lieu of issuing a citation under section 9 to an employer
for a violation found by the Secretary during a consultation under
paragraph (1), the Secretary shall permit the employer to carry out
corrective measures to correct the conditions causing the violation.
The Secretary shall conduct not more than 2 visits to the workplace of
the employer to determine if the employer has carried out the
corrective measures. The Secretary shall issue a citation as prescribed
under section 5 if, after such visits, the employer has failed to carry
out the corrective measures.
``(5) Not later than 90 days after the termination of the program
under paragraph (1), the Secretary shall prepare and submit a report to
the appropriate committees of Congress that contains an evaluation of
the implementation of the pilot program.''.
SEC. 8. CONTINUING EDUCATION AND PROFESSIONAL CERTIFICATION FOR
CERTAIN OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
PERSONNEL.
Section 8 of the Act (29 U.S.C. 657) is amended by adding at the
end the following:
``(i) Any Federal employee responsible for enforcing this Act
shall, not later than 2 years after the date of enactment of this
subsection or 2 years after the initial employment of the employee
involved, meet the eligibility requirements prescribed under subsection
(b)(2) of section 8A.
``(j) The Secretary shall ensure that any Federal employee
responsible for enforcing this Act who carries out inspections or
investigations under this section, receive professional education and
training at least every 5 years as prescribed by the Secretary.''.
SEC. 9. OSHA AND INDUSTRY TRAINING EXCHANGE DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Labor, acting through the
Occupational Safety and Health Administration, is authorized to develop
and implement at least one training and educational exchange program
with a specialty trade in the construction industry for the purpose
of--
(1) facilitating the exchange of expertise and ideas
related to the interpretation, application, and implementation
of Federal occupational safety and health standards and
regulations applicable to the specialty trade involved
(referred to in this section as ``OSHA Rules'');
(2) improving collaboration and coordination between the
Occupational Safety and Health Administration and such
specialty trade regarding OSHA Rules;
(3) identifying OSHA Rules which the specialty trade and
Occupational Safety and Health Administration compliance
officers have repeatedly found to be difficult to interpret,
apply, or implement;
(4) allowing qualified safety directors from the specialty
trade to train such compliance officers and others within the
Administration responsible for writing and interpreting OSHA
Rules, both on the jobsite and off, on the unique nature of the
specialty trade and the difficulties contractors and safety
directors encounter when attempting to comply with OSHA Rules
as well as the best practices within the specialty trade;
(5) seeking the means to ensure greater compliance with the
identified OSHA Rules, and reducing the number of citations
based on any misunderstanding by such compliance officers as to
the scope and application of an OSHA Rule or the unique nature
of the workplace construction; and
(6) establishing within the Occupational Safety and Health
Administration Training Institute a trade-specific curriculum
to be taught jointly by qualified trade safety directors and
compliance officers.
(b) Initial Program.--The initial training and educational exchange
program shall be established under subsection (a) with the masonry
construction industry.
(c) Reports.--Upon the expiration of the 2-year program under
subsection (a), the Administrator of the Occupational Safety and Health
Administration, jointly with specialty trades that participate in
programs under such subsection, shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and Workforce of the House of
Representatives a report on the activities and results of the training
and educational exchange program.
(d) Definition.--In this section, the term ``qualified safety
director'' means an individual who has, at a minimum, taken the 10-hour
Occupational Safety and Health Administration course and been employed
a minimum of 5 years as a safety director in the construction industry.
(e) Authorization of Appropriations.--There are authorized to be
appropriated, such sums as may be necessary to carry out this section.
(f) Termination.--The programs established under subsection (a)
shall terminate on the date that is 2 years after the date on which the
first program is so established.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S13370-13371)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S13371-13374)
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