Comprehensive Occupational Safety and Health Improvements Act of 1981

Comprehensive Occupational Safety and Health Improvements Act of 1981 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to exempt farms and non-hazardous businesses with ten or less employees from coverage under such Act.

Defines "non-hazardous business" as any business with an occupational injury incidence rate not exceeding seven percent.

Exempts employers who maintain workplaces which qualify as non-hazardous, according to specified standards, from inspections or investigations, with specified exceptions.

Directs the Secretary of Labor to enter into agreements with State workers' compensation or other appropriate State agencies under which such State agency will submit an annual list of all employers having one or more reported occupational injuries resulting in two or more lost workdays during the preceding year.

Requires employers wishing to claim qualification for such exemptions to file an affidavit with the Secretary relating to the safety records of their workplaces.

Limits the type or the amount of penalties which may be assessed against employers who maintain an advisory safety committee and a regular consultation program.

Requires employers who qualify for exemptions from inspections or limitations on penalties to maintain records to which the Secretary has access.

Provides for review by the Occupational Safety and Health Review Commission and a U.S. court of appeals of rulings by the Secretary that workplaces do not qualify for exemptions from inspection or limitations on penalties.

Prohibits considering consultant or committee reports or recommendations or employer assurances under this Act as evidence of a willful violation of such Act if the employer had a reasonable, good faith belief that the condition involved was not a violation.

Prohibits specified liability claims against committees or consultants.

Directs the Secretary to: (1) assist State agencies to make necessary procedural modifications; (2) report to Congress on State participation; (3) advise employers and employees of the provisions of this Act; (4) require inclusion of the provisions of this Act, or of similar provisions, for approval of State plans; (5) develop and implement other means to identify workplaces qualifying for exemption, as an alternative to the affidavit process; and (6) explore and report on other means to encourage voluntary self-initiative in workplaces to improve safety and health conditions.

Declares that nothing set forth in OSHA shall preclude a person from voluntarily participating in any educational, training, or consultation program established by the Secretary.

Prohibits the issuance to any person of specified citations or fines under OSHA standards unless an OSHA inspection or investigation determines that: (1) a violating condition or imminent danger exists which creates a real probability of a resulting death or serious physical harm and that such person, exercising reasonable diligence, should have known of the violation; (2) such person has maintained the workplace with willful and reckless disregard for employee safety; or (3) such person has failed to correct violations that may have been found in a reasonable amount of time that the Secretary may have found by an investigation or inspection.

Directs the Secretary to conduct both general, comprehensive workplace inspections (insuring that priority is given to the most hazardous workplaces) and special, limited inspections (to determine whether specified violations or dangers exist).

Prohibits a judicial officer from issuing a warrant to allow the Secretary or representative to enter a workplace unless the employer has been given written notice of the intention to apply for such warrant at a precise date and time. Permits the employer to appear in court at such time to present evidence to show that there are no grounds for such issuance.

Prohibits further inspection or investigation of a business establishment for a period of 12 months after the Secretary has conducted an inspection or investigation and found that establishment to be safe or the final order of the Occupational Safety and Health Review Commission has been accepted and complied with.

Gives the Secretary, in all hearings before the Commission pursuant to a contested citation, the burden of proving: (1) the existence of a violation; (2) that such violation constitutes a genuine hazard to the safety and health of affected employees; and (3) that a technically and economically feasible method of compliance exists.

Limits reports of hearing examiners to determinations of violations alleged by the Secretary and appropriate abatement dates and penalties.

Directs the Secretary of Health and Human Services and the Secretary to consult with each other and with other appropriate Federal agencies to provide education programs for qualified personnel to carry out OSHA, equipment information programs, and education and training of employers and employees in the prevention of occupational safety and health hazards.

Authorizes the Secretary to make grants to State agencies to improve their administration of State workers' compensation programs. Authorizes appropriations in specified amounts through fiscal year 1985 for such purpose.

Directs the Secretary to publish annually in the Federal Register the occupational injury incidence rate for the ten-or-fewer employees size segment of all major groups. Declares that the failure by the Secretary to provide such annual information shall cause exemptions to apply to all persons with no more than ten full-time employees, until the Secretary publishes such information.