[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5266 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5266

To amend the Occupational Safety and Health Act of 1970 to assist small 
                 business in compliance with such Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 1994

Mr. Hayes (for himself, Mr. Dixon, Mr. Stenholm, Mr. Sundquist, and Mr. 
   Tauzin) 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 to assist small 
                 business in compliance with such Act.

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

SECTION 1. SHORT TITLE AND REFERENCE.

    (A) Short Title.--This Act may be cited as the ``Small Business 
Occupational Safety and Health Compliance Incentive 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. STATE CONSULTATION PROGRAMS.

    Section 23(g) (29 U.S.C. 672(g)) is amended by inserting ``(1)'' 
after ``(g)'' and by adding at the end the following:
    ``(2) In the case of grants to States under paragraph (1), the 
Federal share shall be a percent greater than 50 but not more than 75 
percent, as determined by the Secretary and the State, if the State 
establishes programs which demonstrate, over a period determined by the 
Secretary and the State, that such State meets the State plan 
requirements of section 18(c). A State which receives a Federal share 
greater than 50 percent, shall use the additional amount received under 
such increased Federal share to carry out its consultation program to 
enable employers to consult with the State or the Secretary respecting 
their responsibilities under the Act and to provide education and 
training to employers respecting such responsibilities, including 
methods of hazard identification and mitigation.
    ``(3) The Secretary shall provide technical and other assistance to 
States for the establishment and operation of programs under which 
employers may consult with State or Federal officials respecting 
compliance with the applicable State or Federal occupational safety and 
health requirements.''

SEC. 3. FEES.

    Any employer with less than 100 employees shall not be subject to 
any fee which may be established under the Occupational Safety and 
Health Act of 1970 if such employer solicits consultation services 
under section 23(g)(2) of such Act and the Secretary has not found such 
employer to be in violation of this Act within the previous 12 months.

SEC. 4. INSPECTIONS.

    (a) General Rule.--Any employer with less than 100 employees shall 
not be subject to an inspection under section 8 of the Occupational 
Safety and Health Act of 1970 if such employer requests a consultation 
visit under section 23(g)(2) of such Act and the entity providing the 
consultation services under such section determines by follow-up visits 
or other methods that such employer has instituted its recommendations 
after such consultation.
    (b) Exception.--Subsection (a) does not prevent the Secretary 
from--
            (1) conducting an inspection or investigation in response 
        to any employee complaint, issuing citations for violations 
        found during such inspection, and proposing penalties for 
        violations found during such inspection which are not corrected 
        in a reasonable period of time;
            (2) taking any action authorized by this Act with respect 
        to imminent dangers; and
            (3) taking any action authorized by this Act with respect 
        to a report of a workplace incident which results in a fatality 
        or hospitalization of 3 or more employees,

SEC. 5. PENALTIES.

    If an employer of less than 100 employees abates an other than 
willful hazard under the Occupational Safety and Health Act of 1970 in 
what is deemed a reasonable period of time by the entity providing 
consultation services under section 23(g)(2) of such Act and if during 
any subsequent inspection of such employer it is determined that such 
employer does not have any such hazard, any civil penalty imposed on 
such employer for the hazard abated shall be based on the cooperation 
and due diligence of such employer in abating such hazard and shall in 
no event exceed $1000.
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