[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 526 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 526

    To amend the Occupational Safety and Health Act of 1970 to make 
      modifications to certain provisions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 9 (legislative day, March 6), 1995

  Mr. Gregg (for himself and Mr. Bond) introduced the following bill; 
 which was read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 A BILL


 
    To amend the Occupational Safety and Health Act of 1970 to make 
      modifications to certain provisions, 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.

    This Act may be cited as the ``Occupational Safety and Health 
Amendments of 1995''.

SEC. 2. EMPLOYEE PARTICIPATION.

    Section 4 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653) is amended by adding at the end the following new 
subsection:
    ``(c) In order to carry out the purpose of this Act to encourage 
employers and employees in their efforts to reduce the number of 
occupational safety and health hazards, an employee participation 
committee--
            ``(1) in which employees participate;
            ``(2) which exists for the purpose, in whole or in part, of 
        dealing with employees concerning--
                    ``(A) safe and healthful working conditions; or
                    ``(B) any other related matters; and
            ``(3) 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 (29 U.S.C. 158(a)(2)) or a 
representative for purposes of sections 1 and 2 of the Railway Labor 
Act (45 U.S.C. 151 and 151a).''.

SEC. 3. RISK ASSESSMENT IN STANDARDS MAKING.

    (a) Priority for Establishing Standards.--Section 6(g) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(g)) is 
amended--
            (1) by striking ``(g) In'' and inserting ``(g)(1) In''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In determining the priority for establishing standards 
relating to toxic materials or harmful physical agents, the Secretary 
shall consider the number of workers exposed to such materials or 
agents, the nature and severity of potential impairment, and the 
likelihood of such impairment.''.
    (b) Risk Assessments for Final Standard.--Section 6 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655) is amended 
by adding at the end the following new subsection:
    ``(h)(1) Notwithstanding any other provision of this Act, in 
promulgating any final occupational safety and health regulation or 
standard, the Secretary shall publish in the Federal Register--
            ``(A) an estimate, calculated with as much specificity as 
        practicable, of the risk to the health and safety of employees 
        addressed by such regulation or standard, the affect of such 
        regulation or standard on human health or the environment, and 
        the costs associated with the implementation of, and compliance 
        with, such regulation or standard;
            ``(B) a comparative analysis of the risk addressed by such 
        regulation or standard relative to other risks to which 
        employees are exposed; and
            ``(C) a certification that--
                    ``(i) the estimate under subparagraph (A) and the 
                analysis under subparagraph (B) are--
                            ``(I) based upon a scientific evaluation of 
                        the risk to the health and safety of employees 
                        and to human health or the environment; and
                            ``(II) supported by the best available 
                        scientific data;
                    ``(ii) such regulation or standard will 
                substantially advance the purpose of protecting 
                employee health and safety or the environment against 
                the specified identified risk; and
                    ``(iii) such regulation or standard will produce 
                benefits to employee health and safety or the 
                environment that will justify the cost to the Federal 
                Government and the public of the implementation of and 
                compliance with such regulation or standard.
    ``(2) If the Secretary cannot make the certification required under 
paragraph (1)(C), the Secretary shall--
            ``(A) notify the Congress concerning the reasons why such 
        certification cannot be made; and
            ``(B) publish a statement of such reasons with the final 
        regulation or standard.
    ``(3) Nothing in this subsection shall be construed to grant a 
cause of action to any person.''.

SEC. 4. CONSULTATION SERVICES.

    Section 21(c) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 671(c)) is amended--
            (1) by striking ``(c) The'' and inserting ``(c)(1) The''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(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. A State that has a plan approved under section 18 shall be 
eligible to enter into a cooperative agreement under this paragraph 
only if such plan does not include provisions for federally funded 
consultation to employers.
    ``(B)(i) Except 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 under such agreement.
    ``(ii) A State shall be fully reimbursed by the Secretary for--
            ``(I) training approved by the Secretary for State staff 
        operating under a cooperative agreement; and
            ``(II) specified out-of-State travel expenses incurred by 
        such staff.
    ``(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).''.

SEC. 5. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS.

    Section 17 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 666) is amended--
            (1) in subsection (c), by striking ``up to $7,000'' and 
        inserting ``not more than $25'';
            (2) in subsection (i), to read as follows:
    ``(i) Any employer who violates any of the posting or recordkeeping 
requirements prescribed under this Act shall not be assessed a civil 
penalty for such violation unless it is determined that the employer 
has violated subsection (a) or (d) with respect to such posting or 
recordkeeping requirements.''; and
            (3) in subsection (h), to read as follows:
    ``(h) Notwithstanding any other provision of law, the Secretary 
shall not assess a civil penalty, which is authorized under this 
section, for more than one instance of a violation of any applicable 
regulation, rule, order, or regulation prescribed under the provisions 
of this Act.''.

SEC. 6. WARNINGS IN LIEU OF CITATIONS.

    Subsection (a) of section 9 of the Occupational Safety and Health 
Act (29 U.S.C. 658(a)) is amended to read as follows:
    ``(a)(1) Except as provided in paragraph (2), if, upon inspection 
or investigation, the Secretary or an authorized representative of the 
Secretary believes that an employer has violated a requirement of 
section 5, of any regulation, rule, or order promulgated pursuant to 
section 6, or of any regulations prescribed pursuant to this Act, the 
Secretary may with reasonable promptness issue a citation to the 
employer. Each citation shall be in writing and shall describe with 
particularity the nature of the violation, including a reference to the 
provision of the Act, regulation, rule, or order alleged to have been 
violated. The citation shall fix a reasonable time for the abatement of 
the violation.
    ``(2) The Secretary or the authorized representative of the 
Secretary shall issue a warning in lieu of a citation with respect to--
            ``(A) violations that have no significant relationship to 
        employee safety or health; or
            ``(B) cases in which the employer in good faith acts 
        promptly to abate the violation.
    ``(3) Nothing in this Act shall prohibit the Secretary or the 
authorized representative of the Secretary from providing technical 
assistance to an employer in correcting a violation discovered during 
an inspection or investigation under this Act.''.
                                 <all>