A bill to amend the Occupational Safety and Health Act of 1970.
Occupational Safety and Health Amendments - Amends the Occupational Safety and Health Act of 1970 to exclude from the definition of employer any person engaged in interstate commerce who employs less than 25 man-years of labor.
States that the Secretary of Labor shall not propose any rule promulgating a new occupational health or safety standard before he: (1) has, as part of each such proposal, reviewed and published in the Federal Register the financial impact of such proposed standard; and (2) has determined with due regard for that impact that the benefit to be derived from such standard justifies such proposal.
Provides that no standard adopted or promulgated shall require any employer to phase out, change, or replace existing equipment or facilities before the normal useful life of that equipment or facility has expired unless failure to so phase out, change, or replace that equipment or facility prematurely would result in a serious violation.
Sets forth requirements with respect to notifying an employer of violations of the requirements prescribed pursuant to this Act. States that any employer who has been found to be not in compliance with any rule or standard adopted or promulgated under this Act shall not receive a notice for such violation if he is able to show: (1) that implementing such rule or standard would not materially affect the safety or health of his employees in the facility inspected; (2) that he has employed alternative procedures to protect his employees from the hazards contemplated by the rule or standard which are as effective in protecting the safety and health of his employees; (3) that he has furnished adequate notice and exerted all reasonable efforts, pursuant to such regulations as the Secretary may prescribe, to obtain the compliance of his employees, that such violation was attributable to such employees, and that he could not otherwise have reasonably prevented such violation; or (4) that the condition or process constituting such violation was created or maintained pursuant to a suggestion of the Secretary or his representative made to correct a previous violation.
Authorizes the Secretary of Labor, under the Occupational Safety and Health Act, to make visits to the work place of any employer, upon the request of the employer, to consult with and advise the employer concerning the obligations of the employer under such Act. Directs the Secretary to give priority to small business and hazardous work places.
Stipulates that no consultative visit made under this Act may serve as an inspection or investigation as otherwise provided for by the Occupational Safety and Health Act, except: (1) in the case of an employer who fails to eliminate a danger disclosed during such a visit; or (2) if conditions are found during such a visit which indicate the probability that death or serious harm could result to employees therefrom, the Secretary may notify the employer of such conditions and afford him a reasonable time to eliminate such conditions.
Prohibits the transmission of information obtained during a consultative visit to representatives of the Secretary engaged in enforcement except in specified circumstances.
Introduced in Senate
Referred to Senate Committee on Labor and Public Welfare (Subsequently: Human Resources).
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