[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4597 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4597

        To amend the Occupational Safety and Health Act of 1970.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1994

 Mr. Fawell (for himself, Mr. Goodling, Mr. Petri, Mr. Gunderson, Mr. 
  Ballenger, Ms. Molinari, Mr. Barrett of Nebraska, Mr. Hoekstra, Mr. 
 McKeon, Mr. Miller of Florida, Mr. Greenwood, Mr. Packard, Mr. Armey, 
 Mr. Hefley, Mr. Canady, Mr. Knollenberg, Mr. Stenholm, Mr. Upton, Mr. 
Cunningham, Mr. Castle, Mr. Hancock, Mr. Lewis of Florida, Mr. Porter, 
    and Ms. Pryce of Ohio) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
        To amend the Occupational Safety and Health Act of 1970.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Occupational 
Safety and Health Reform 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.

SEC. 2. CONGRESSIONAL COVERAGE.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 668) is 
amended by redesignating sections 20 through 34 as sections 21 through 
35, respectively, and by adding after section 19 the following:

               ``coverage of the house of representatives

    ``Sec. 20. (a) Each employing authority and instrumentality of 
Congress shall comply with section 5, with the occupational safety and 
health standards issued under section 6 and with any other requirements 
and regulations issued under this Act.
    ``(b) The Secretary shall conduct random inspections of places of 
employment under the jurisdiction or control of employing authorities 
and the instrumentalities of Congress. Such inspections shall be 
conducted at least once during each Congress. The Secretary shall also 
respond to any request that meets the conditions of section 8(f). Such 
inspections shall identify each condition or practice which the 
Secretary believes is a violation of a requirement under section 5, of 
an occupational safety and health standard issued under section 6, or 
of any regulation issued under this Act. Upon completion of such 
inspection, the Secretary shall report all such conditions and 
practices to the Director of Non-Legislative and Financial Services of 
the House of Representatives.
    ``(c) The Director of Non-Legislative and Financial Services of the 
House of Representatives, shall, as soon after the receipt of a report 
under subsection (b) as is practicable, appoint a special counsel to 
seek abatement of any conditions and practices identified in such 
report as not in compliance with the requirements of section 5, 6, 8, 
or any other provision of this Act and to assess appropriate penalties 
against the employing authority or instrumentality of Congress for 
noncompliance with such requirements. The requirements and criteria 
applicable to the determination and assessment of civil and criminal 
penalties under section 17 shall apply with respect to such 
noncompliance. Conditions and practices which may result in a criminal 
penalty under section 17 shall be referred to the Attorney General for 
prosecution.
    ``(d) Any employing authority or instrumentality of Congress which 
is assessed a penalty under subsection (c) may appeal the assessment to 
the Office of Fair Employment Practices which shall afford an 
opportunity for a hearing and shall thereafter issue a decision based 
on findings of fact which affirms, modifies, or vacates the actions of 
the special counsel appointed under subsection (c). Any person 
adversely affected or aggrieved by the decision of the Office of Fair 
Employment Practices may obtain review of such decision by the United 
States Court of Appeals for the circuit in which such violation is 
alleged to have occurred or by the Court of Appeals for the District of 
Columbia Circuit under the standards and conditions for review of 
orders by the Commission in section 11.
    ``(e)(1) No person shall discharge or in any manner discriminate 
against any employee because such employee has filed any complaint or 
instituted or caused to be instituted under or related to this section 
or has testified or is about to testify in any such proceeding or 
because of the exercise by such employee on behalf of such employee or 
others of any right afforded by this section.
    ``(2) Any employee who believes that such employee has been 
discharged or otherwise discriminated against by any such person in 
violation of paragraph (1) may, within 60 days after such violation 
occurs, file a complaint with the Office of Fair Employment Practices. 
Such office shall provide for a hearing and issue an order based upon 
findings of fact and conclusions of law. In such an order, such office 
may require a person charged with committing a violation of paragraph 
(1) to take appropriate affirmative action, including rehiring or 
reinstatement of the employee involved to the employee's former 
position with back pay and interest and may award a prevailing party a 
reasonable attorney's fee. Any person adversely affected or aggrieved 
by the decision of such office may obtain review of such decision by 
the United States court of appeals for the circuit in which such 
violation is alleged to have occurred or by the Court of Appeals for 
the District of Columbia circuit under the standards and conditions for 
review of orders by the Commission under section 11.
    ``(f) For purposes of this section--
            ``(1) the term `employing authority' has the meaning given 
        such term in the Fair Employment Practices Resolution (House 
        Resolution 558 of the One Hundredth Congress, as adopted 
        October 4, 1988, and incorporated into rule LI of the Rules of 
        the House of Representatives of the One Hundred and Second 
        Congress); and
            ``(2) the term `instrumentalities of the Congress' includes 
        the Architect of the Capitol, the Library of Congress, the 
        Congressional Budget Office, the General Accounting Office, the 
        Government Printing Office, the Office of Technology 
        Assessment, and the United States Botanic Garden.''.

SEC. 3. STANDARD SETTING.

    (a) Standards.--Section 6(b)(5) (29 U.S.C. 655(b)(5)) is amended to 
read as follows:
            ``(5) The development of standards under this section shall 
        be based upon the latest scientific data in the field and on 
        such research, demonstrations, experiments, and such other 
        information as may be appropriate. In establishing such 
        standards, the Secretary shall consider and make findings 
        concerning the appropriateness of the standard to the following 
        factors:
                    ``(A) The standard is needed to address a 
                significant risk of material impairment to workers and 
                will substantially reduce that risk.
                    ``(B) The standard is feasible.
                    ``(C) There is a reasonable relationship between 
                the costs and benefits of the standard.
                    ``(D) The standard will provide protection to 
                workers in the most cost-effective manner and minimize 
                employment loss due to the standard in the affected 
                industries and sectors of industries.
                    ``(E) Whenever practicable, the standard shall be 
                expressed in terms of objective criteria and of the 
                performance desired.''.
    (b) Standard Priorities.--The second sentence of section 6(g) (29 
U.S.C. 655(g)) is amended to read as follows: ``In determining the 
priority for establishing standards dealing with toxic materials or 
harmful physical agents, the Secretary shall consider the number of 
workers exposed to the substance, the nature and severity of potential 
impairment, and the likelihood of such impairment based upon such 
information as the Secretary shall obtain from the Environmental 
Protection Agency, the Department of Health and Human Services, and 
other appropriate sources.''.
    (c) Procedure.--Section 6(b)(1) (29 U.S.C. 655(b)(1)) is amended by 
striking out all after ``Act'' the first time it appears and inserting 
in lieu thereof the following: ``, the Secretary shall promulgate such 
rule in accordance with subchapter IV of chapter 5 of title 5, United 
States Code, unless the Secretary determines on the basis of the 
factors listed in section 583 of title 5, United States Code, that such 
procedure would be inappropriate. The requirements of this paragraph do 
not alter in any manner the requirements otherwise applicable to the 
Secretary's action in promulgating an occupational health and safety 
standard.''.
    (d) Regulatory Flexibility Analysis.--Section 6 (29 U.S.C. 655) is 
amended by adding at the end the following:
    ``(h) In promulgating any occupational safety and health standard 
under subsection (b), the Secretary shall perform a regulatory 
flexibility analysis described in sections 603 and 604 of title 5, 
United States Code.
    ``(i) In promulgating any occupational safety and health standard 
under subsection (b), the Secretary shall minimize the time, effort, 
and costs involved in the retention, reporting, notifying, or 
disclosure of information to the Secretary, to third parties, or to the 
public to the extent consistent with the purpose of the standard. 
Compliance with the requirement of this subsection may be included in a 
review under subsection (f).''.

SEC. 4. APPLICATION OF ACT.

    (a) Reports.--Section 4(b)(3) (29 U.S.C. 653(b)(3)) is amended to 
read as follows:
    ``(3) The Secretary shall report on an annual basis to the Congress 
on the number and nature of the complaints the Secretary receives which 
the Secretary does not respond to because of paragraph (1) of this 
subsection. The Secretary shall include in such report the Secretary's 
recommendation for legislation to avoid unnecessary duplication and to 
achieve coordination between this Act and other Federal laws.''.
    (b) Purposes.--Section 4 (29 U.S.C. 653) is amended by adding at 
the end the following:
    ``(c) In order to carry out the purposes of this Act to encourage 
employer and employees in their efforts to reduce the number of 
occupational safety and health hazards--
            ``(1) an employee participation committee or plan--
                    ``(A) in which employees participate,
                    ``(B) which exists for the purpose, in whole or in 
                part, of dealing with employees concerning the safety 
                or health of working conditions or related matters, and
                    ``(C) which does not have, claim, or seek authority 
                to negotiate or enter into collective bargaining 
                agreements with the employer or to amend existing 
                collective bargaining agreements between the employer 
                and any labor organization,
        shall not constitute a `labor organization' for purposes of 
        section 8(a)(2) of the National Labor Relations Act or a 
        representative for purposes of sections 1 and 2 of the Railway 
        Labor Act, and
            ``(2) records of safety and health inspections, audits, or 
        reviews conducted by an employer and not required by this Act 
        shall not be required to be disclosed to the Secretary except 
        as may be necessary to determine eligibility for an exemption 
        from inspection under section 8A.''.

SEC. 5. VARIANCES.

    Section 6(d) (29 U.S.C. 655(d)) is amended by adding at the end the 
following: ``If the Secretary has failed to act on an application for a 
variance within 180 days of the filing of such application, the 
variance shall be deemed to have been issued as of the date of such 
filing unless the delay in the Secretary's action is caused by actions 
or inactions of the applicant.''.

SEC. 6. INSPECTIONS.

    (a) Training and Authority of Secretary.--Section 8 (29 U.S.C. 657) 
is amended by redesignating subsection (g) as subsection (l) and by 
adding after subsection (f) the following:
    ``(g) Inspections conducted under this section shall be conducted 
by at least one individual who has training in and is knowledgeable of 
the industry or types of hazards being inspected.
    ``(h) The Secretary shall enter into agreements with other Federal 
agencies and with States to train inspection personnel of agencies 
which conduct inspections of employers to inspect places of employment 
to determine if employee fire protection is adequate and shall 
establish a system for referral of fire hazards to the Secretary after 
notification to the employer, if the employer fails to take corrective 
actions.
    ``(i)(1) Except as provided in paragraph (2), the Secretary shall 
not conduct routine inspections of, or enforce any standard, rule, 
regulation, or order under this Act with respect to, any person who is 
engaged in a farming operation which does not maintain a temporary 
labor camp and employs 10 or fewer employees or any employer of not 
more than 10 employees if such employer is included within a category 
of employers having an occupational injury or a lost work day case rate 
(determined under the Standard Industrial Classification Code for which 
such data are published) which is less than the national average rate 
as most recently published by the Secretary acting through the Bureau 
of Labor Statistics under section 25.
    ``(2) Paragraph (1) shall, in the case of persons who are not 
engaged in farming operations, not prevent the Secretary from--
            ``(A) providing under this Act consultations, technical 
        assistance, and educational and training services and 
        conducting under this Act surveys and studies;
            ``(B) conducting inspections or investigations in response 
        to employee's complaints, issuing citations for violations of 
        this Act found during such an inspection, and assessing a 
        penalty for violations which are not corrected within a 
        reasonable abatement period;
            ``(C) taking any action authorized by this Act with respect 
        to imminent dangers;
            ``(D) taking any action authorized by this Act with respect 
        to health standards;
            ``(E) taking any action authorized by this Act with respect 
        to a report of an employment accident which is fatal to at 
        least one employee or which results in hospitalization of at 
        least 3 employees and taking any action pursuant to an 
        investigation of such report; and
            ``(F) taking any action authorized by this Act with respect 
        to complaints of discrimination against employees for 
        exercising their rights under this Act.''.
    (b) Employee Notice.--Section 8(f)(1) (29 U.S.C. 657(f)(1)) is 
amended--
            (1) by striking out ``he shall make'' and inserting in lieu 
        thereof ``the Secretary may make'',
            (2) by striking out ``determines there'' in the third 
        sentence and inserting in lieu thereof ``determines that 
        there'', and
            (3) by striking out ``he shall notify'' and inserting in 
        lieu thereof ``or that the facts alleged in the notification do 
        not justify an exercise of the Secretary's inspection authority 
        under subsection (a) for any reason consistent with the 
        standard used by the Secretary to choose subjects for 
        inspection under that subsection, the Secretary shall notify''.

SEC. 7. CONSULTATION, VOLUNTARY COMPLIANCE INCENTIVES, AND TECHNICAL 
              ASSISTANCE.

    (a) Programs.--The Occupational Safety and Health Act of 1970 is 
amended by inserting after section 8 the following:

                      ``worksite-based incentives

    ``Sec. 8A.(a) The Secretary of Labor shall establish an office to 
promote, administer, and coordinate the programs and activities 
described in this section.
    ``(b)(1) The Secretary shall by regulation establish a program to 
encourage voluntary employer and employee efforts to provide safe and 
healthful working conditions.
    ``(2) In establishing a program under paragraph (1), the Secretary 
shall, in accordance with paragraph (3), provide an exemption from all 
safety and health inspections and investigations with respect to a 
place of employment maintained by an employer, except inspections and 
investigations conducted for the purpose of--
            ``(A) determining the cause of a workplace accident which 
        resulted in the death of one or more employees or the 
        hospitalization of 3 or more employees,
            ``(B) responding to a request for an inspection pursuant to 
        paragraph (6)(A), or
            ``(C) carrying out a special emphasis program under section 
        12.
    ``(3) In order to qualify for the exemption provided under 
paragraph (2), an employer shall provide evidence that--
            ``(A) the place of employment or conditions of employment 
        have, during the preceding year, been reviewed or inspected 
        under--
                    ``(i) a consultation program provided by recipients 
                of grants under section 7(c)(1) or 24(g),
                    ``(ii) a certification or consultation program 
                provided by an insurance carrier or other private 
                business entity pursuant to a State program, law, or 
                regulation, or
                    ``(iii) a workplace consultation program provided 
                by any other person certified by the Secretary for 
                purposes of providing such consultations and the 
                program under clause (i) or (ii) or this clause 
                includes means of assuring that serious hazards 
                identified in the consultation are corrected within an 
                appropriate time, or
            ``(B) the place of employment has an exemplary safety 
        record and the employer maintains a safety and health program 
        for the workplace which includes--
                    ``(i) procedures for assessing hazards to the 
                employer's employees which are inherent to the 
                employer's operations or business;
                    ``(ii) procedures for correcting or controlling 
                such hazards in a timely manner based upon the severity 
                of the hazard; and
                    ``(iii) employee participation in the program which 
                participation includes at the least--
                            ``(I) regular consultation between the 
                        employer and non-supervisory employees 
                        regarding safety and health issues;
                            ``(II) assurances that participating non-
                        supervisory employees have training or 
                        expertise on safety and health issues 
                        consistent with their responsibilities; and
                            ``(III) opportunity for non-supervisory 
                        employees to make recommendations regarding 
                        hazards in the workplace and to receive 
                        responses or to implement improvements in 
                        response to such recommendations.
    ``(4) The Secretary may require that an employer in order to claim 
the exemption give certification to the Secretary and notice to the 
employer's employees of such eligibility.
    ``(5)(A) The program established under paragraph (1) shall provide 
that only a penalty assessed under section 17(a) shall be reduced by 40 
percent in any case in which the employer maintains a written safety 
and health program for the worksite at which the violation for which 
the penalty was assessed took place.
    ``(B) No penalty shall be assessed against an employer for a 
violation except where an employer has failed to correct a violation 
within a reasonable time set for abatement or a violation which creates 
an imminent danger or has caused death or a willful violation which has 
caused serious injury to an employee if the worksite at which the 
violation occurred has been reviewed or inspected under a program 
described in section 8A(c)(1) during the one year period before the 
date of the citation for such violation.
    ``(6) The Secretary shall, within 6 months after the date of the 
enactment of the Occupational Safety and Health Reform Act, establish a 
program for the certification of safety and health consultants to 
conduct inspections under this section.
    ``(c)(1) The Secretary shall give special recognition to worksites 
and companies and other organizations which have implemented 
particularly effective approaches to addressing occupational safety and 
health in the workplace, including those which provide for effective 
employee involvement in improving safety and health, and which are as a 
consequence deserving of special recognition. Such recognition may 
include the exemptions from inspections and reductions in penalties 
described in subsection (b).
    ``(2) A worksite or company or organization to which an award is 
made under paragraph (1) and which agrees to help other American 
companies or organizations improve their occupational safety and health 
may publicize its receipt of such award and use the award in its 
advertising.
    ``(3)(A) Subject to subparagraph (B), separate criteria for 
recognition shall be used for qualifying organizations and companies in 
each of the following categories:
            ``(i) Small businesses.
            ``(ii) Other companies or their subsidiaries.
            ``(iii) Companies which primarily perform construction 
        work.
    ``(B) The Secretary may at any time expand, subdivide, or otherwise 
modify the list of categories within which awards may be made as 
initially in effect under subparagraph (A) and may establish separate 
awards for other organizations and companies including units of 
government.
    ``(4) An organization or company may qualify for an award under 
paragraph (1) only if it--
            ``(A) applies to the Secretary in writing, for the award,
            ``(B) permits a rigorous evaluation of its occupational 
        safety and health operations, and
            ``(C) meets such requirements and specifications as the 
        Secretary determines to be appropriate to achieve the 
        objectives of this subsection.
In applying subparagraph (C) with respect to any organization or 
company, the Secretary shall rely upon an intensive evaluation of the 
occupational safety and health operation. The examination should 
encompass all aspects of the organization's or company's current 
occupational safety and health practice. The award shall be given only 
to organizations and companies which have demonstrated outstanding 
performance in their occupational safety and health practices and which 
demonstrate effective occupational safety and health practices through 
the training and involvement of all levels of personnel.
    ``(5) The Secretary shall ensure that all program participants 
receive the complete results of their audits as well as detailed 
explanations of all suggestions for improvements. The Secretary shall 
also provide information about the awards and the successful quality 
improvement strategies and programs of the award-winning participants 
to all participants and other appropriate groups.
    ``(6) The Secretary is authorized to seek and accept gifts, 
including in kind assistance, from public and private sources to carry 
out the program under this subsection.
    ``(7) The Secretary shall prepare and submit to the President and 
the Congress, within 3 years after the date of the enactment of this 
section, a report on the progress, findings, and conclusions of 
activities conducted pursuant to this subsection along with 
recommendations for possible modifications thereof.
    ``(d) This subsection authorizes the consultative services to 
employers provided under cooperative agreements between the States and 
the Occupational Safety and Health Administration and described in part 
1908 of title 39 of the Code of Federal Regulations.
    ``(e) In addition to the other programs in this section, the 
Secretary shall establish programs to provide education, training, and 
technical assistance to employers and employees to assist them in the 
provision of safe and healthful workplaces and compliance with the 
requirements of this Act.
    ``(f) Not less than one-fourth of the annual appropriation made to 
the Secretary to carry out this Act shall be expended to carry out this 
section.''.
    (b) Definition.--Section 3 (29 U.S.C. 652) is amended by adding at 
the end the following:
            ``(15) The term `exemplary safety record' means such record 
        as the Secretary shall annually determine for each industry. 
        Such record shall include employers which have had, in the most 
        recent reporting period, no employee death caused by 
        occupational injury and fewer lost workdays due to occupational 
        injury and illness than the average for the industry of which 
        the employer is a part.''.

SEC. 8. EMPLOYER DEFENSES.

    Section 9 (29 U.S.C. 658) is amended by adding at the end the 
following:
    ``(d) No citation may be issued under subsection (a) to an employer 
unless the employer knew or with the exercise of reasonable diligence 
would have known of the presence of the alleged violation. No citation 
shall be issued under subsection (a) to an employer for an alleged 
violation of section 5, any standard, rule, or order promulgated 
pursuant to section 6, any other regulation promulgated under this Act, 
or any other occupational safety and health standard if such employer 
demonstrates that--
            ``(1) employees of such employer have been provided with 
        the proper training and equipment to prevent such a violation;
            ``(2) work rules designed to prevent such a violation have 
        been established and adequately communicated to employees by 
        such employer and the employer has taken reasonable measures to 
        discipline employees when violations of such work rules have 
        been discovered;
            ``(3) the failure of employees to observe work rules led to 
        the violation; and
            ``(4) reasonable steps have been taken by such employer to 
        discover any such violation.
    ``(e) A citation issued under subsection (a) to an employer who 
violates the requirements of any standard, rule, or order promulgated 
pursuant to section 6 or any other regulation promulgated under this 
Act shall be vacated if such employer demonstrates that employees of 
such employer were protected by alternative methods equally or more 
protective of the employee's safety and health than those required by 
such standard, rule, order, or regulation in the factual circumstances 
underlying the citation.
    ``(f) Subsections (d) and (e) shall not be construed to eliminate 
or modify other defenses which may exist to any citation.''.

SEC. 9. THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.

    (a) Section 10.--Section 10(c) (29 U.S.C 659(c)) is amended--
            (1) in the first sentence, by striking out ``fifteen 
        working days'' and inserting in lieu thereof ``30 working 
        days'', and
            (2) by striking out the second sentence and inserting in 
        lieu thereof the following: ``The Commission shall issue an 
        order, based on de novo findings of fact and de novo 
        conclusions of law, affirming, modifying, or vacating the 
        Secretary's citation or proposed penalty or directing other 
        appropriate relief. Such order shall become final 30 days after 
        it is issued.''.
    (b) Section 11.--Section 11(a) (29 U.S.C 660(a) is amended by 
inserting after ``conclusive'' at the end of the sixth sentence the 
following: ``and the Commission's conclusions with respect to questions 
of law shall be given deference if reasonable''.

SEC. 10. DISCRIMINATION.

    Section 11(c) (29 U.S.C. 660(c)) is amended by striking out 
paragraphs (2) and (3) and inserting in lieu thereof the following:
    ``(2) Any employee who believes that the employee has been 
discharged or otherwise discriminated against by any person in 
violation of paragraph (1) or who believes that the employee has been 
discharged or discriminated against because of an action taken by the 
employee under section 8(f), may, within 60 days after such violation 
occurs, file a complaint with the Secretary alleging such 
discrimination. Upon receipt of such a complaint the Secretary shall 
notify the person named in the complaint and begin an investigation to 
determine if the Secretary should, on behalf of such employee, request 
the Commission to take action on the basis of such complaint. The 
Secretary shall make such determination within 90 days of the filing of 
such complaint.
    ``(3) If within such 90 days, the Secretary does not file a 
complaint on behalf of the complainant with the Commission, such 
employee may file such complaint with the Commission. If such a 
complaint is filed with the Commission, the Commission shall provide 
opportunity for a hearing (in accordance with section 554 of title 5, 
United States Code, but without regard to subsection (a)(3) of such 
section), and issue an order, based upon findings of fact and 
conclusions of law. In such an order, the Commission may require a 
person charged with committing a violation of paragraph (1) to take 
appropriate affirmative action, including rehiring or reinstatement of 
the employee to the employee's former position with back pay and 
interest. Upon completion of a proceeding on such order, the Commission 
may award the prevailing party a reasonable attorney's fee. Final 
orders of the Commission may be appealed as provided in subsection (a).
    ``(4)(A) Anytime after a complaint has been filed with the 
Secretary alleging a violation of paragraph (1), the complaining 
employee, the person charged with committing the violation (referred to 
in this paragraph as the `respondent'), or the Secretary have the right 
to request that the complaint be referred to the Federal Mediation and 
Conciliation Service (referred to in this paragraph as the `Service') 
for mediation of the dispute. In lieu of receiving mediation services 
from the Service, the parties may upon mutual agreement refer the 
complaint to a mediator other than one provided by the Service.
    ``(B) During mediation, the respondent and the complaining party 
may be represented by legal counsel or other representative of their 
choice.
    ``(C)(i) All contested proceedings shall be stayed during the time 
for mediation and neither the Secretary or the complaining party shall 
file a complaint pending completion of the mediation.
    ``(ii) The mediator shall have 60 days from the time of the 
referral to mediate the dispute to complete the mediation. If the 
complaint has not been resolved within such 60-day period or such 
extension as may be agreed upon, the mediation shall be deemed to be 
completed. The parties may extend the mediation for an additional 60 
days by mutual agreement.
    ``(iii) The complaint shall be resolved through mediation in a 
manner that is mutually agreeable to the parties. Such resolution shall 
be binding upon the parties and shall preclude resort to other legal 
proceedings except as provided in subparagraph (E).
    ``(D)(i) Any agreement shall be kept confidential by the parties to 
the mediation unless all parties to the mediation agree otherwise in 
writing.
    ``(ii) All communications, oral or written, made in connection with 
the mediation (including memoranda, work product, transcripts, notes, 
or other materials) shall be kept confidential by the participants to 
the mediation.
    ``(iii) The material referred to in clause (ii) shall not be 
subject to disclosure through discovery or compulsory process and shall 
not be used as evidence in any investigatory, arbitral, judicial, 
administrative, or other proceeding.
    ``(E) A party to an agreement made pursuant to mediation under this 
paragraph may bring an action to enforce the agreement in any Federal 
or State court of competent jurisdiction.
    ``(F) Except as provided in subparagraph (C)(iii), nothing in this 
paragraph shall be interpreted to effect or modify whatever rights and 
obligations the parties may have under arbitration agreements or other 
form of alternative dispute resolution mechanisms.''.

SEC. 11. ENFORCEMENT.

    (a) Special Conditions and Practices.--Section 13 (29 U.S.C. 662) 
is amended by striking out subsection (c), by redesignating subsections 
(a) and (b) as subsections (b) and (c), respectively, and by inserting 
before subsection (b) (as so redesignated) the following:
    ``(a)(1) If the Secretary determines, on the basis of an inspection 
or investigation under this section, that a condition or practice in a 
place of employment is such that an imminent danger to safety or health 
exists that could reasonably be expected to cause death or serious 
physical harm or permanent impairment of the health or functional 
capacity of employees if not corrected immediately or before the 
imminence of such danger can be eliminated through the enforcement 
procedures otherwise provided by this Act, the Secretary may so inform 
the employer and provide notice to the affected employees and shall 
request that the condition or practice be corrected immediately or that 
employees be immediately removed from exposure to such danger. The 
notice shall be removed by the Secretary from the place of employment 
not later than 72 hours after the notice was first posted unless a 
court in an action brought under subsection (c) requires that the 
notice be maintained. The Secretary shall not prevent the continued 
activity of employees whose presence is necessary to avoid, correct, or 
remove such imminent danger or to maintain the capacity of a continuous 
process operation to resume normal operations without a cessation of 
operations or where cessation of operations is necessary, to permit 
such to be accomplished in a safe and orderly way.
    ``(2) No person shall discharge or in any manner discriminate 
against any employee because such employee has refused to perform a 
duty that has been identified as the source of an imminent danger by a 
notice posted pursuant to paragraph (1).''.
    (b) Mandatory Special Emphasis.--Section 8 (29 U.S.C. 657), as 
amended by section 6, is amended by adding at the end the following:
    ``(j)(1) The Secretary shall establish and carry out a special 
emphasis program for identifying and correcting existing or newly 
recognized hazards in selected industries and operations and high 
hazard industries and operations.
    ``(2) Each special emphasis program under paragraph (1) shall 
consist of a planned and coordinated effort, including outreach, 
education and training programs, and inspections. Before beginning any 
such program, the Secretary shall meet and discuss with representatives 
of employers and employees in the industries affected by such program 
the intended goals and benefits of such program, the number of 
inspections under such program, and the nature of other activities 
planned. To the extent practicable, the Secretary shall coordinate 
efforts with such representatives. Each such program shall have a date 
of termination and shall include methods of evaluating the 
effectiveness of the program in reducing illness and injury in the 
targeted industries or operations.''.
    (c) Investigations of Deaths and Serious Incidents.--Section 8 (29 
U.S.C. 657), as amended by subsection (b), is amended by adding at the 
end the following:
    ``(k)(1) The Secretary shall investigate any work-related death or 
serious incident.
    ``(2) If a death or serious incident occurs in a place of 
employment covered by this Act, the employer shall notify the Secretary 
of the death or serious incident.
    ``(3) As used in this subsection, the term `serious incident' means 
an incident that results in the hospitalization of 3 or more employees. 
The Secretary shall by regulation define `hospitalization'.''.

SEC. 12. PENALTIES.

    (a) In General.--Section 17 (29 U.S.C. 666) is amended by striking 
out subsections (a), (b), (c), (j), and (k), by redesignating 
subsections (d), (e), (f), (g), (h), (i), and (l) as subsections (b), 
(c), (d), (e), (f), (g), and (h), and by inserting after ``17.'' the 
following:
    ``(a) Any employer who violates the requirements of section 5, any 
standard, rule, or order promulgated pursuant to section 6, or any 
other regulation promulgated under this Act may be assessed a civil 
penalty of not more than $7,000. The Commission shall have authority to 
assess all civil penalties provided in this section, giving due 
consideration to the appropriateness of the penalty with respect to--
            ``(1) the size of the employer,
            ``(2) the number of employees exposed to the violation,
            ``(3) the likely severity of any injuries directly 
        resulting from such violation,
            ``(4) the probability that the violation could result in 
        injury or illness,
            ``(5) the employer's good faith in correcting the violation 
        after it has been identified,
            ``(6) the extent to which employee misconduct was 
        responsible for the violation, and
            ``(7) the effect of the penalty on the employer's ability 
        to stay in business.''.
    (b) Special Assessments.--Section 17 (29 U.S.C. 666), as amended by 
subsection (a), is amended by adding at the end the following:
    ``(i) The Secretary shall, by regulation, prescribe procedures for 
determining that conditions surrounding a violation warrant a special 
assessment. Such regulation shall provide that all findings shall be in 
narrative form and provide for individual review of violations for 
special assessment in the following circumstances:
            ``(1) Violations causing fatalities.
            ``(2) An excessive history of serious injuries to employees 
        or a pattern of violations of this Act which cause or are 
        likely to cause death or serious physical injury to employees.
When the Secretary determines that a special assessment is appropriate, 
the Secretary may apply an appropriate multiplier, based on the factors 
listed in subsection (a), of not greater than 10 to the penalty 
determined under subsection (a). In addition to any fines assessed with 
respect to the violations described in paragraphs (1) and (2), the 
Secretary may require the employer involved to establish a 
comprehensive safety and health program for the worksite at which the 
violations occurred and provide regular certification to the Secretary 
that such employer is in compliance with such program.''.
    (c) Penalties.--
            (1) Citations.--Section 17 (29 U.S.C. 666), as amended by 
        subsection (b), is amended by adding at the end the following:
    ``(j) Nothing in this Act shall be construed as requiring the 
Secretary to issue a citation for violations of this Act if the 
Secretary believes that the public interest will be adequately served 
by a suitable written notice or warning.''.
            (2) Knowing violation.--Subsection (c) of section 17 (29 
        U.S.C. 666), as amended by subsection (a), is amended to read 
        as follows:
    ``(c) If any employer who knowingly violates any standard, rule, or 
order promulgated pursuant to section 6 or any regulation prescribed 
pursuant to this Act and if such violation caused death to any 
employee, such employer, if such employer knew such violation would 
place an employee in imminent danger of death and the employer's 
conduct in the circumstances manifests an extreme indifference or 
reckless disregard of human life, shall upon conviction be punished by 
a fine in accordance with section 3571 of title 18, United States Code, 
or by imprisonment of not more than 3 years, or both. If the conviction 
is for a violation committed after a first conviction under this 
subsection of such person, imprisonment shall be for not more than 6 
years.''.
    (d) Victim's Rights.--Section 10 (29 U.S.C. 659) is amended by 
adding at the end the following:
    ``(d)(1) The Secretary shall provide any individual who is a victim 
of a violation of this Act with--
            ``(A) access to information respecting any investigation of 
        the Secretary or hearing by the Commission of such violation, 
        to citations issued for such violation, to penalties imposed 
        under this section for such violation, and to settlements made 
        respecting such violation, and
            ``(B) an opportunity to meet with the Secretary or a 
        representative of the Secretary respecting such violation.
    ``(2) For purposes of paragraph (1), the term `victim' means--
            ``(A) an employee who has sustained a work-related injury 
        or illness which is the subject of an inspection or 
        investigation conducted under section 8, or
            ``(B) a family member of an employee described in 
        subparagraph (A) who is killed as a result of such injury or 
        illness.''.

SEC. 13. STATE PROGRAMS.

    Section 18(c) (29 U.S.C. 667(c)) is amended--
            (1) in paragraph (2), by striking out ``and which'' and 
        inserting in lieu thereof ``which'' and by inserting after the 
        comma at the end the following: ``and which standards when 
        applicable to the labeling, content, and hazard information for 
        such products are identical to any requirement under a standard 
        promulgated under section 6,'',
            (2) in paragraph (4), by inserting before the comma the 
        following: ``at least as effective as enforcement by the 
        Secretary'', and
            (3) by adding after and below paragraph (8) the following: 
        ``The Secretary may waive any of the requirements of this 
        subsection (other than the requirements of paragraphs (2) and 
        (6)) upon a request of a State seeking approval of a plan or an 
        amendment to an approved plan. Such a waiver shall not extend 
        for more than 3 years but may be renewed if the Secretary 
        determines that the rate of occupational fatalaties, injuries, 
        and illnesses has declined in such State during the period of 
        the waiver.''.

SEC. 14. NIOSH.

    The Occupational Safety and Health Act (as amended by section 2) is 
amended by repealing section 23 (29 U.S.C. 671) and the functions and 
authorities provided to the National Institute of Occupational Safety 
and Health under section 22 are transferred to the Secretary of Labor. 
The responsibilities and authorities of the Secretary of Health and 
Human Services under sections 21, 22, and 23 are transferred to the 
Secretary of Labor. The Secretary of Labor shall take such actions as 
are necessary to avoid duplication of programs and to maximize 
training, education, and research under the Occupational Safety and 
Health Act of 1970.

SEC. 15. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.

    The Occupational Safety and Health Act of 1970 (as amended by 
section 2) is amended by repealing sections 29 through 32, by 
redesignating sections 33, 34, and 35 as sections 30, 31, and 32, 
respectively, and by inserting after section 28 (29 U.S.C. 676) the 
following:

                 ``alcohol and substance abuse testing

    ``Sec. 29. (a) Whenever there exists the reasonable probability 
that the safety or health of any employee could be endangered because 
of the use of alcohol or a controlled substance in the workplace, the 
employer of such employee may establish and implement an alcohol and 
substance abuse testing program in accordance with subsection (b).
    ``(b) The Secretary shall establish standards under section 6 for 
substance abuse and alcohol testing programs established under 
subsection (a) as follows:
            ``(1) The substance abuse testing program shall conform, to 
        the maximum extent practicable, to subpart B of the mandatory 
        guidelines for Federal workplace drug testing programs 
        published on April 11, 1988, by the Secretary of Health and 
        Human Services at 53 Federal Register 11979 and any amendments 
        adopted to such guidelines.
            ``(2) The alcohol testing program shall take the form of 
        alcohol breath analysis and shall conform, to the maximum 
        extent practicable, 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.
    ``(c) This section shall not be construed to prohibit an employer 
from requiring an employee to submit to and pass an alcohol or 
substance abuse test before employment by the employer or--
            ``(1) 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,
            ``(2) where such test is administered as part of a 
        scheduled medical examination,
            ``(3) in the case of an accident or incident involving the 
        actual or potential loss of human life, bodily injury, or 
        property damage,
            ``(4) during and for a reasonable period of time (not to 
        exceed 5 years) after the conclusion of an alcohol or substance 
        abuse treatment program, or
            ``(5) on a random selection basis in work units, locations, 
        or facilities where alcohol and substance abuse has been 
        identified as a problem or as part of a universal testing 
        program.''.

SEC. 16. COST EFFECTIVENESS STUDIES.

    (a) Studies.--The Secretary of Labor shall contract with a 
qualified organization or agency to conduct studies of the effect of 
standards promulgated under section 6. Each study shall assess the 
costs of implementation of the standard, both in the first year and on 
an annual basis, on employers and the effectiveness of the standard in 
reducing injuries and illnesses. Standards shall be prioritized for 
study according to their estimated cost of compliance at the time of 
promulgation.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for each of the fiscal years 1995, 1996, 1997, 
1998, and 1999 for carrying out the studies described in subsection 
(a).

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