[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2864 Reported in House (RH)]






                                                 Union Calendar No. 252
105th CONGRESS
  2d Session
                                H. R. 2864

                          [Report No. 105-444]

 To require the Secretary of Labor to establish a program under which 
 employers may consult with State officials respecting compliance with 
              occupational safety and health requirements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 7, 1997

   Mr. Ballenger (for himself, Mr. Hall of Texas, Mr. Stenholm, Mr. 
Norwood, Mr. Barrett of Nebraska, Mr. Paul, Mr. DeLay, Mr. Bob Schaffer 
of Colorado, Mr. Hoekstra, Mr. Graham, Mr. Istook, Mr. Fawell, and Mr. 
   Boehner) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

                             March 17, 1998

 Additional sponsors: Mr. Goodling, Mr. Peterson of Pennsylvania, Mr. 
Hayworth, Mr. Hefley, Mr. Deal of Georgia, Mr. Doolittle, Mr. Miller of 
             Florida, Mr. Roemer, Mr. Wicker, and Mr. Jones

                             March 17, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Labor to establish a program under which 
 employers may consult with State officials respecting compliance with 
              occupational safety and health requirements.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Occupational Safety and 
Health Administration Compliance Assistance Authorization Act of 
1997''.</DELETED>

<DELETED>SEC. 2. COMPLIANCE ASSISTANCE PROGRAM.</DELETED>

<DELETED>    Section 21 of the Occupational Safety and Health Act of 
1970 is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(d)(1) The Secretary shall establish and support 
cooperative agreements with the States under which employers subject to 
this Act may consult with designated State officials with respect to--
</DELETED>
        <DELETED>    ``(A) the application of occupational safety and 
        health requirements under this Act or under State plans 
        approved under section 18; and</DELETED>
        <DELETED>    ``(B) voluntary efforts that employers may 
        undertake to establish and maintain safe and healthful 
        employment and places of employment.</DELETED>
<DELETED>    ``(2) Pursuant to such agreements the State shall provide 
on-site consultation at the employer's worksite to employers who 
request such assistance. The State may also provide other education and 
training programs for employers and employees in the State.</DELETED>
<DELETED>    ``(3) Activities under this subsection shall be conducted 
independently of any enforcement activity. If an employer fails to take 
immediate action to eliminate employee exposure to an imminent danger 
or fails to correct a serious hazard within a reasonable time, a report 
shall be made to the appropriate enforcement authority for such action 
as is appropriate.</DELETED>
<DELETED>    ``(4) An employer who requests and undergoes an on-site 
consultative visit provided under this subsection and who corrects the 
hazards that have been identified during the visit within the time 
frames established by the State and agrees to request a subsequent 
consultative visit if major changes in working conditions or work 
processes occur which introduce new hazards in the workplace, shall be 
exempt from an inspection (except an inspection requested under section 
8(f) or to determine the cause of a workplace accident which resulted 
in the death of one or more employees or hospitalization for 3 or more 
employees) for a period of one year from the closing of the 
consultative visit.</DELETED>
<DELETED>    ``(5) Not less than 90 percent of funds appropriated to 
the Secretary for compliance assistance activities shall be used for 
the purposes of this subsection.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Occupational Safety and Health 
Administration Compliance Assistance Authorization Act of 1998''.

SEC. 2. COMPLIANCE ASSISTANCE PROGRAM.

    Section 21 of the Occupational Safety and Health Act of 1970 is 
amended by adding at the end the following new subsection:
    ``(d)(1) The Secretary shall establish and support cooperative 
agreements with the States under which employers subject to this Act 
may consult with State personnel with respect to--
            ``(A) the application of occupational safety and health 
        requirements under this Act or under State plans approved under 
        section 18; and
            ``(B) voluntary efforts that employers may undertake to 
        establish and maintain safe and healthful employment and places 
        of employment.
Such agreements may provide, as a condition of receiving funds under 
such agreements, for contributions by States towards meeting the costs 
of such agreements.
    ``(2) Pursuant to such agreements the State shall provide on-site 
consultation at the employer's worksite to employers who request such 
assistance. The State may also provide other education and training 
programs for employers and employees in the State. The State shall 
ensure that on-site consultations conducted pursuant to such agreements 
include provision for the participation by employees.
    ``(3) Activities under this subsection shall be conducted 
independently of any enforcement activity. If an employer fails to take 
immediate action to eliminate employee exposure to an imminent danger 
identified in a consultation or fails to correct a serious hazard so 
identified within a reasonable time, a report shall be made to the 
appropriate enforcement authority for such action as is appropriate.
    ``(4) The Secretary shall, by regulation after notice and 
opportunity for comment, establish rules under which an employer--
            ``(A) which requests and undergoes an on-site consultative 
        visit provided under this subsection,
            ``(B) which corrects the hazards that have been identified 
        during the visit within the time frames established by the 
        State and agrees to request a subsequent consultative visit if 
        major changes in working conditions or work processes occur 
        which introduce new hazards in the workplace, and
            ``(C) which is implementing procedures for regularly 
        identifying and preventing hazards regulated under this Act and 
        maintains appropriate involvement of, and training for, 
        management and non-management employees in achieving safe and 
        healthful working conditions,
may be exempt from an inspection (except an inspection requested under 
section 8(f) or an inspection to determine the cause of a workplace 
accident which resulted in the death of one or more employees or 
hospitalization for 3 or more employees) for a period of one year from 
the closing of the consultative visit.
    ``(5) A State shall provide worksite consultations under paragraph 
(2) at the request of an employer. Priority in scheduling such 
consultations shall be assigned to requests from small businesses which 
are in higher hazard industries or have the most hazardous conditions 
at issue in the request.''.
                                     





                                                 Union Calendar No. 252

105th CONGRESS

  2d Session

                               H. R. 2864

                          [Report No. 105-444]

_______________________________________________________________________

                                 A BILL

 To require the Secretary of Labor to establish a program under which 
 employers may consult with State officials respecting compliance with 
              occupational safety and health requirements.

_______________________________________________________________________

                             March 17, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed