[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 592 Introduced in Senate (IS)]

  1st Session
                                 S. 592

    To amend the Occupational Safety and Health Act of 1970 and the 
National Labor Relations Act to modify certain provisions, to transfer 
 certain occupational safety and health functions to the Secretary of 
                     Labor, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 22 (legislative day, March 16), 1995

Mrs. Hutchison 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 and the 
National Labor Relations Act to modify certain provisions, to transfer 
 certain occupational safety and health functions to the Secretary of 
                     Labor, 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; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Occupational 
Safety and Health Reform Act of 1995''.
    (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 (29 
U.S.C. 651 et seq.).

SEC. 2. USE OF OSHA IN PRIVATE LITIGATION.

    Section 4(b)(4) (29 U.S.C. 653(b)(4)) is amended by adding before 
the period the following: ``, except that an allegation of a violation, 
a finding of a violation, or an abatement of an alleged violation, 
under this Act or the standards promulgated under this Act shall not be 
admissible as evidence in any civil action or used to increase the 
amount of payments received under any workmen's compensation law for 
any work-related injury''.

SEC. 3. DUTIES OF EMPLOYERS AND EMPLOYEES.

    Section 5 (29 U.S.C. 654) is amended by adding at the end the 
following new subsection:
    ``(c) On multi-employer work sites, an employer may not be cited 
for a violation of this section if the employer--
            ``(1) has not created the condition that caused the 
        violation; or
            ``(2) has no employees exposed to the violation and has not 
        assumed responsibility for ensuring compliance by other 
        employers on the work site.''.

SEC. 4. 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 on the latest scientific data in the field and on 
        research demonstrations, experiments, and other information 
        that may be appropriate. In establishing the standards, the 
        Secretary shall consider, and make findings, based on the 
        following factors:
                    ``(A) The standard shall be needed to address a 
                significant risk of material impairment to workers and 
                shall substantially reduce that risk.
                    ``(B) The standard shall be technologically and 
                economically feasible.
                    ``(C) There shall be a reasonable relationship 
                between the costs and benefits of the standard.
                    ``(D) The standard shall 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) Variances.--Section 6(d) (29 U.S.C. 655(d)) is amended by 
adding at the end the following new sentences: ``No citation shall be 
issued for a violation of an occupational safety and health standard 
that is the subject of a good faith application for a variance during 
the period the application is pending before the Secretary.''.
    (c) 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 the 
physical agents of toxic materials, 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 on 
information obtained by the Secretary from the Environmental Protection 
Agency, the Department of Health and Human Services, and other 
appropriate sources.''.
    (d) Regulatory Flexibility Analysis.--Section 6 (29 U.S.C. 655) is 
amended by adding at the end the following new subsections:
    ``(h) In promulgating an 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. 5. INSPECTIONS.

    (a) Authority of Secretary.--Section 8(a)(2) (29 U.S.C. 657(a)(2)) 
is amended to read as follows:
            ``(2) to inspect and investigate during regular working 
        hours and at other reasonable times, and within reasonable 
        limits and in a reasonable manner, any such place of employment 
        and all pertinent conditions, structures, machines, apparatus, 
        devices, equipment, and materials in such place of employment.
In conducting inspections and investigations under paragraph (2), the 
Secretary may question any such employer, owner, operator, agent or 
employee. Interviews of employees may be in private if the employee so 
requests.''.
    (b) Recordkeeping.--
            (1) General maintenance.--The first sentence of section 
        8(c)(1) (29 U.S.C. 657(c)(i)) is amended to read as follows: 
        ``Each employer shall make, keep and preserve, and make 
        available upon reasonable request and within reasonable limits 
        to the Secretary or the Secretary of Health and Human Services, 
        such records regarding the activities of the employer relating 
        to this Act as the Secretary, in cooperation with the Secretary 
        of Health and Human Services, may prescribe by regulation as 
        necessary or appropriate for the enforcement of this Act or for 
        developing information regarding the causes and prevention of 
        occupational accidents and illnesses.''.
            (2) Records or reports on injuries.--Section 8(c) (29 
        U.S.C. 657(c)) is amended by adding at the end the following 
        new paragraphs:
    ``(4) In prescribing regulations under this subsection, the 
Secretary may not require employers to maintain records of, or to make 
reports on, injuries that do not involve lost work time or that involve 
employees of other employers.
    ``(5) In prescribing regulations requiring employers to report 
work-related deaths and multiple hospitalizations, the Secretary shall 
include provisions that provide an employer at least 24 hours in which 
to make such report.''.
    (c) Inspections Based on Employee Complaints.--Section 8(f) (29 
U.S.C. 657(f)) is amended to read as follows:
    ``(f)(1)(A) An employee or representative of an employee who 
believes that a violation of a safety or health standard exists that 
threatens physical harm, or that an imminent danger exists, may request 
an inspection by giving notice to the Secretary or an authorized 
representative of the Secretary of such violation or danger.
    ``(B) Notice under subparagraph (A) shall be reduced to writing, 
shall set forth with reasonable particularity the grounds for the 
notice, and shall state that the alleged violation or danger has been 
brought to the attention of the employer and the employer has refused 
to take any action to correct the alleged violation or danger.
    ``(C)(i) The notice under subparagraph (A) shall be signed by the 
employees or representative of employees and a copy shall be provided 
to the employer or the agent of the employer no later than the time of 
arrival of an occupational safety and health agency inspector to 
conduct the inspection.
    ``(ii) Upon the request of the person giving the notice under 
subparagraph (A), the name of the person and the names of individual 
employees referred to in the notice shall not appear in the copy or on 
any record published, released, or made available pursuant to 
subsection (i), except that the Secretary may disclose this information 
during prehearing discovery in a contested case.
    ``(D) The Secretary may not make an inspection under this section 
except on request by an employee or representative of employees.
    ``(E) If upon receipt of the notice under subparagraph (A), the 
Secretary determines that the employee or employee representative has 
brought the alleged violation or danger to the attention of the 
employer and the employer has refused to take corrective action, and 
there are reasonable grounds to believe such violation or danger still 
exists, the Secretary shall make a special inspection in accordance 
with this section as soon as possible. The special inspection shall be 
conducted for the limited purpose of determining whether such violation 
or danger exists.
    ``(2) If the Secretary determines either before, or as a result of, 
an inspection that there are not reasonable grounds to believe a 
violation or danger exists, the Secretary shall notify the complaining 
employee or employee representative of the determination and, upon 
request by the employee or employee representative, shall provide a 
written statement of the reasons for the Secretary's final disposition 
of the case.''.
    (d) Training and Enforcement.--Section 8 (29 U.S.C. 657) is 
amended--
            (1) by redesignating subsection (g) as subsection (i); and
            (2) by inserting after subsection (f) the following new 
        subsections:
    ``(g) Inspections conducted under this section shall be conducted 
by at least one person who has training in, and is knowledgeable of, 
the industry or types of hazards being inspected.
    ``(h)(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--
            ``(A) an employer who is engaged in a farming operation 
        that does not maintain a temporary labor camp and employs 100 
        or fewer employees; or
            ``(B) an employer of not more than 100 employees if the 
        employer is included within a category of employers having an 
        occupational injury or a lost workday 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 24.
    ``(2) In the case of an employer described in subparagraph (B) of 
paragraph (1), such paragraph shall not be construed to prohibit the 
Secretary from--
            ``(A) providing under this Act consultations, technical 
        assistance, and educational and training services;
            ``(B) conducting under this Act surveys and studies;
            ``(C) conducting inspections or investigations in response 
        to employee complaints, issuing citations for violations of 
        this Act found during an inspection, and assessing a penalty 
        for violations that are not corrected within a reasonable 
        abatement period;
            ``(D) taking any action authorized by this Act with respect 
        to imminent dangers;
            ``(E) taking any action authorized by this Act with respect 
        to health standards;
            ``(F) taking any action authorized by this Act with respect 
        to a report of an employment accident that is fatal to at least 
        one employee or that results in hospitalization of at least 
        three employees and taking any action pursuant to an 
        investigation of such report; and
            ``(G) taking any action authorized by this Act with respect 
        to complaint of discrimination against employees for exercising 
        their rights under this Act.''.

SEC. 6. VOLUNTARY COMPLIANCE.

    (a) Program.--The Occupational Safety and Health Act of 1970 (21 
U.S.C. 651 et seq.) is amended by inserting after section 8 the 
following new section:

``SEC. 8A. VOLUNTARY COMPLIANCE.

    ``(a) In General.--The Secretary shall by regulation establish a 
program to encourage voluntary employer and employee efforts to provide 
safe and healthful working conditions.
    ``(b) Exemption.--In establishing a program under subsection (a), 
the Secretary shall, in accordance with subsection (c), 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--
            ``(1) determining the cause of a workplace accident that 
        resulted in the death of one or more employees or the 
        hospitalization of three or more employees; or
            ``(2) responding to a request for an inspection pursuant to 
        subsection (f)(1).
    ``(c) Requirements for Exemption.--In order to qualify for the 
exemption provided under subsection (b), an employer shall provide to 
the Secretary evidence that--
            ``(1) the place of employment or conditions of employment 
        have, during the preceding year, been reviewed or inspected 
        under--
                    ``(A) a consultation program provided by any State 
                agency relating to occupational safety and health;
                    ``(B) a certification or consultation program 
                provided by an insurance carrier or other private 
                business entity pursuant to a State program, law, or 
                regulation; or
                    ``(C) a workplace consultation program provided by 
                any other person certified by the Secretary for 
                purposes of providing such consultations; or
            ``(2) the place of employment has an exemplary safety 
        record and the employer maintains a safety and health program 
        for the workplace that--
                    ``(A) includes--
                            ``(i) procedures for assessing hazards to 
                        the employees of the employer that are inherent 
                        to the operations or business of the employer;
                            ``(ii) procedures for correcting or 
                        controlling the hazards in a timely manner 
                        based on the severity of the hazard; and
                            ``(iii) employee participation in the 
                        program including, at a minimum--
                                    ``(I) regular consultation between 
                                the employer and nonsupervisory 
                                employees regarding safety and health 
                                issues; and
                                    ``(II) opportunity for 
                                nonsupervisory employees to make 
                                recommendations regarding hazards in 
                                the workplace and to receive responses 
                                or to implement improvements in 
                                response to such recommendations; and
                    ``(B) provides assurances that participating 
                nonsupervisory employees have training or expertise on 
                safety and health issues consistent with the 
                responsibilities of the employees.
A program under subparagraph (A) or (B) of paragraph (1) shall include 
methods that ensure that serious hazards identified in the consultation 
are corrected within an appropriate time.
    ``(d) Certification.--The Secretary may require that an employer in 
order to claim the exemption under subsection (b) give certification to 
the Secretary and notice to the employees of the employer of the 
eligibility of the employer for an exemption.''.
    (b) Definition.--Section 3 (29 U.S.C. 652) is amended by adding at 
the end the following new paragraph:
            ``(15) The term `exemplary safety record' means that an 
        employer has had, in the most recent annual reporting of the 
        employer required by the Occupational Safety and Health 
        Administration, 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. 7. EMPLOYER DEFENSES.

    Section 9 (29 U.S.C. 658) is amended by adding at the end the 
following new subsections:
    ``(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
            ``(3) the failure of employees to observe work rules led to 
        the violation.
    ``(e) A citation issued under subsection (a) to an employer that 
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 safety and health of the employee than the methods 
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 that may exist to any citation.''.

SEC. 8. THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.

    (a) Procedure for Enforcement.--
            (1) Notification.--The first sentence of section 10(b) (29 
        U.S.C. 659(b)) is amended to read as follows: ``If the 
        Secretary has reason to believe an employer has failed to 
        correct a violation for which a citation has been issued within 
        the period permitted for the correction of such violation, the 
        Secretary shall notify the employer by certified mail of such 
        failure and of the penalty proposed to be assessed under 
        section 17 by reason of such failure, and that the employer has 
        15 working days within which to notify the Secretary that the 
        employer desires to contest the notification of the Secretary 
        or the proposed assessment of penalty. The period described in 
        the first sentence shall not begin to run until the time for 
        contestation has expired or the entry of a final order by the 
        Commission in a contested case initiated by the employer in 
        good faith and not solely for delay or avoidance of 
        penalties.''.
            (2) Burden of proof.--Section 10 (29 U.S.C. 659) is further 
        amended by adding at the end the following new subsection:
    ``(d) In all hearings before the Commission relating to a contested 
citation, the Secretary shall have the burden of proving by a 
preponderance of the evidence--
            ``(1) the existence of a violation;
            ``(2) that the violation for which the citation was issued 
        constitutes a realistic hazard to the safety and health of the 
        affected employees;
            ``(3) that there is a likelihood that such hazard will 
        result in employee injury;
            ``(4) that the employer knew or with the exercise of 
        reasonable diligence should have known of the hazard and 
        violation; and
            ``(5) that a technically and economically feasible method 
        of compliance exists.''.
    (b) Judicial Review.--Section 11(a) (29 U.S.C. 660(a)) is amended 
by inserting after ``conclusive.'' at the end of the sixth sentence the 
following: ``The court shall make its own determination as to questions 
of law, including the reasonable interpretation of standards, and shall 
not accord deference to either the Commission or the Secretary.''.

SEC. 9. DISCRIMINATION.

    (a) Complaint.--Section 11(c)(2) (29 U.S.C. 660(c)(2)) is amended 
to read as follows:
    ``(2)(A)(i) Any employee who believes that such employee has been 
discharged or otherwise discriminated against by the employer of such 
employee in violation of this subsection may, within 30 days after such 
violation occurs, file a complaint with the Secretary alleging such 
discrimination.
    ``(ii) A complaint may not be filed under clause (i) after the 
expiration of the 30-day period described in such clause.
    ``(B)(i) Upon receipt of a complaint under subparagraph (A) and as 
the Secretary considers appropriate, the Secretary shall conduct an 
investigation.
    ``(ii) If upon such investigation, the Secretary determines that 
the provisions of this subsection have been violated, the Secretary 
shall attempt to eliminate the alleged violation by informal methods.
    ``(iii) Nothing said or done, during the use of the informal 
methods applied under clause (ii) may be made public by the Secretary 
or used as evidence in any subsequent proceeding.
    ``(iv) The Secretary shall make a determination concerning the 
complaint as soon as possible and, in any event, not later than 90 days 
after the date of the filing of the complaint.
    ``(C) If the Secretary is unable to resolve the alleged violation 
through informal methods, the Secretary shall notify the parties in 
writing that conciliation efforts have failed.
    ``(D)(i) Not later than 90 days after the date on which the 
Secretary notifies the parties under subparagraph (C) in writing that 
conciliation efforts have failed, the Secretary may then bring an 
action in any appropriate United States district court against an 
employer described in subparagraph (A).
    ``(ii) The employer against whom an action under clause (i) is 
brought may demand that the issue of discrimination be determined by 
jury trial.
    ``(E) Upon a showing of discrimination under subparagraph (D)(ii), 
the Secretary may seek, and the court may award, any and all of the 
following types of relief:
            ``(i) An injunction to enjoin a continued violation of this 
        subsection.
            ``(ii) Reinstatement of the employee to the same or 
        equivalent position.
            ``(iii) Reinstatement of full benefits and seniority 
        rights.
            ``(iv) Compensation for lost wages and benefits.
    ``(F) This subsection shall be the exclusive means of securing a 
remedy for any aggrieved employee.''.
    (b) Access to Records.--Section 11(c)(3) (29 U.S.C. 660(c)(3)) is 
amended to read as follows:
    ``(3) Any records of the Secretary, including the files of the 
Secretary, relating to investigations and enforcement proceedings 
pursuant to this subsection shall not be subject to inspection and 
examination by the public while such inspections and proceedings are 
open or pending in the United States district court.''.

SEC. 10. INJUNCTION AGAINST IMMINENT DANGER.

    Section 13 (29 U.S.C. 662) is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (3) by inserting before subsection (b) (as so redesignated 
        by paragraph (2)) the following new subsection:
    ``(a)(1)(A)(i) 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--
            ``(I) may inform the employer, and provide notice by 
        posting at the place of employment to the affected employees of 
        the danger; and
            ``(II) shall request that the condition or practice be 
        corrected immediately or that the affected employees be 
        immediately removed from exposure to such danger.
    ``(ii) A notice under clause (i) 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.
    ``(B) The Secretary shall not prevent the continued activity of 
employees whose presence is necessary to avoid, correct, or remove the 
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 the cessation 
to be accomplished in a safe and orderly way.
    ``(2) No employer shall discharge, or in any manner discriminate 
against any employee, because the 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).''.

SEC. 11. SMALL BUSINESS ASSISTANCE AND TRAINING.

    Section 16 (29 U.S.C. 655) is amended--
            (1) by inserting ``(a)'' after ``16.''; and
            (2) by adding at the end the following new subsections:
    ``(b) The Secretary shall publish and make available to employers a 
model injury prevention program that if completed by the employer shall 
be deemed to meet the requirement for an exemption under section 8A or 
a reduction in penalty under section 17(a)(2)(B).
    ``(c) The Secretary shall establish and implement a program to 
provide technical assistance and consultative services for employers 
and employees, either directly or by grant or contract, concerning work 
site safety and health and compliance with this Act. Such assistance 
shall be targeted at small employers and the most hazardous industries.
    ``(d) This subsection authorizes the provision of consultative 
services to employers through cooperative agreements between the States 
and the Occupational Safety and Health Administration. The consultative 
services provided under a cooperative agreement under this subsection 
shall be the same type of services described in part 1908 of title 39 
of the Code of Federal Regulations.
    ``(e) Not less than one-fourth of the annual appropriation made to 
the Secretary to carry out this Act shall be expended for the purposes 
described in this section.''.

SEC. 12. PENALTIES.

    (a) In General.--Section 17 (29 U.S.C. 666) is amended--
            (1) by striking out subsections (a), (b), (c), (f), (i), 
        (j), and (k);
            (2) by redesignating subsections (d), (e), (g), (h), and 
        (l) as subsections (b), (c), (d), (e), and (f), respectively; 
        and
            (3) by inserting after ``17.'' the following:
    ``(a)(1) 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 for in this section, giving due 
consideration to the appropriateness of the penalty with respect to--
            ``(A) the size of the employer;
            ``(B) the number of employees exposed to the violation;
            ``(C) the likely severity of any injuries directly 
        resulting from such violation;
            ``(D) the probability that the violation could result in 
        injury or illness;
            ``(E) the good faith of the employer in correcting the 
        violation after the violation has been identified;
            ``(F) the extent to which employee misconduct was 
        responsible for the violation; and
            ``(G) the effect of the penalty on the ability of the 
        employee to stay in business.
    ``(2) In assessing penalties under this section the Commission 
shall have authority to determine whether violations should be 
classified as willful, repeated, serious, other than serious, or de 
minimus. Regardless of the classification of a violation, there shall 
be only one penalty assessed for each violation. The Commission may not 
enhance the penalty based on the number of employees exposed to the 
violation or the number of instances of the same violation.
    ``(3)(A) A penalty assessed under paragraph (1) shall be reduced by 
25 percent in any case in which the employer--
            ``(i) maintains a written safety and health program for the 
        work site at which the violation for which the penalty was 
        assessed occurred; or
            ``(ii) shows that the work site at which the violation for 
        which the penalty was assessed occurred has an exemplary safety 
        record.
    ``(B) If the employer maintains a program described in subparagraph 
(A)(i) and has the record described in subparagraph (A)(ii), the 
penalty shall be reduced by 50 percent.
    ``(4) No penalty shall be assessed against an employer for a 
violation other than a violation previously cited by the Secretary or a 
violation that creates an imminent danger or has caused death or a 
willful violation that has caused serious injury to an employee.''.
    (b) Criminal Penalties.--Section 17(c) (29 U.S.C. 666(c)) (as so 
redesignated by subsection (a)) is amended by adding at the end the 
following new sentence: ``No employer shall be subject to any State or 
Federal criminal prosecution arising out of a workplace accident other 
than under this subsection.''.

SEC. 13. TRANSFER OF CERTAIN OCCUPATIONAL SAFETY AND HEALTH FUNCTIONS.

    (a) Transfer of Functions; Repeal.--
            (1) National institute of occupational safety and health.--
        The functions and authorities provided to the National 
        Institute of Occupational Safety and Health under section 22 of 
        the Occupational Safety and Health Act of 1970 (29 U.S.C. 671) 
        are transferred to the Secretary of Labor.
            (2) Secretary of health and human services.--The 
        responsibilities and authorities of the Secretary of Health and 
        Human Services under sections 20, 21, and 22 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 669, 670, 
        and 671) are transferred to the Secretary of Labor.
            (3) Repeal.--Section 22 (29 U.S.C. 671) is repealed.
    (b) Additional Functions.--In carrying out the functions 
transferred under subsection (a), 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 (29 U.S.C. 671 et seq.).
    (c) References.--
            (1) In general.--Each reference in any other Federal law, 
        Executive order, rule, regulation, or delegation of authority, 
        or any document of or relating to--
                    (A) the head of the transferred office, or the 
                Secretary of Health and Human Services, with regard to 
                functions transferred under subsection (a), shall be 
                deemed to refer to the Secretary of Labor; and
                    (B) a transferred office with regard to functions 
                transferred under subsection (a), shall be deemed to 
                refer to the Department of Labor.
            (2) Definition.--For the purpose of this subsection, the 
        term ``office'' includes any office, administration, agency, 
        institute, unit, organizational entity, or component thereof.
    (d) Conforming Amendments.--Not later than 180 days after the 
effective date of this Act, if the Secretary of Labor determines (after 
consultation with the appropriate committees of Congress and the 
Director of the Office of Management and Budget) that technical and 
conforming amendments to Federal statutes are necessary to carry out 
the changes made by this section, the Secretary of Labor shall prepare 
and submit to Congress recommended legislation containing the 
amendments.

SEC. 14. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.

    The Occupational Safety and Health Act is amended--
            (1) by striking sections 28 through 31;
            (2) by redesignating sections 32, 33, and 34 as sections 
        29, 30, and 31, respectively; and
            (3) by inserting after section 27, the following new 
        section:

``SEC. 28. ALCOHOL AND SUBSTANCE ABUSE TESTING.

    ``(a) In General.--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) Standards.--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 F.R. 11979 and any amendments adopted to 
such guidelines.
            ``(2) The alcohol testing program shall include an 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) Testing Prior to Employment.--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--
            ``(1) prior to employment by the employer;
            ``(2) 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;
            ``(3) where such test is administered as part of a 
        scheduled medical examination;
            ``(4) in the case of an accident or incident involving the 
        actual or potential loss of human life, bodily injury, or 
        property damage; or
            ``(5) during and for a reasonable period of time (not to 
        exceed 5 years) after the conclusion of an alcohol or substance 
        abuse treatment program.''.

SEC. 15. ECONOMIC IMPACT ANALYSIS.

    The Secretary of Labor shall conduct a continuing comprehensive 
analysis of the costs and benefits of each standard in effect under 
section 6 of the Occupational Safety and Health Act of 1970. The 
Secretary shall report the results of the analysis to Congress upon the 
expiration of the 2-year period beginning on the date of the enactment 
of this Act and every 2 years thereafter.

SEC. 16. LABOR RELATIONS.

    (a) Definitions.--Paragraph (5) of section 2 of the National Labor 
Relations Act (29 U.S.C. 152(5)) is amended by adding at the end the 
following new sentence: ``The term does not include a safety committee 
that is comprised of an employer and the employees of the employer and 
that is jointly established by the employer and the employees of the 
employer, or by the employer and a labor organization representing the 
employees of the employer, to carry out efforts to reduce injuries and 
disease arising out of employment.''.
    (b) Unfair Labor Practices.--Section 8(a)(2) of the National Labor 
Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the 
semicolon at the end thereof the following: ``Provided, further, That 
it shall not constitute an unfair practice under this paragraph for an 
employer and the employees of the employer, or for an employer and a 
labor organization representing the employees of the employer, to 
jointly establish a safety committee in which the employer and the 
employees of the employer carry out efforts to reduce injuries and 
disease arising out of employment;''.
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