[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 461 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 461

    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 18, 1997

Mrs. Hutchison (for herself, Mr. Inhofe, and Mr. Helms) 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 1997''.
    (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 at the 
end the following: ``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:
    ``(c) On multiemployer work sites, an employer may not be cited for 
a violation of this section if the employer--
            ``(1) has no employees exposed to the violation; and
            ``(2) has not created the condition that caused the 
        violation or 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 a standard 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 standard, 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) The standard shall set forth objective 
                criteria and the performance desired.''.
    (b) Variances.--Section 6(d) (29 U.S.C. 655(d)) is amended by 
adding at the end the following: ``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 with regard to 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 the 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:
    ``(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, notification, or 
disclosure of information to the Secretary, to third parties, or to the 
public. Compliance with the requirement of this subsection may be 
considered in a review of a petition filed under subsection (f).''.

SEC. 5. INSPECTIONS.

    (a) Authority of Secretary.--Section 8(a) (29 U.S.C. 657(a)) is 
amended by striking paragraph (2) and inserting the following:
            ``(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. An interview of an employee by the Secretary may only be in 
private with the consent of the employee.''.
    (b) Recordkeeping.--
            (1) General maintenance.--The first sentence of section 
        8(c)(1) (29 U.S.C. 657(c)(1)) 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:
    ``(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 the 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 promulgated 
under this Act exists in the place of employment of the employee that 
threatens physical harm, or that an imminent danger exists in the place 
of the employment of the employee, may request an inspection by 
providing notice to the Secretary or an authorized representative of 
the Secretary of the violation or danger.
    ``(B) The 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 
described in this subparagraph 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 
employee or representative of the employee and a copy of the notice 
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 employee providing the notice under 
subparagraph (A), the name of the employee 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 name of the employee and the names of 
individual employees shall not be privileged from discovery in a 
contested case.
    ``(D) The Secretary may not make an inspection under this 
subsection except upon request by an employee or a representative of an 
employee.
    ``(E) If upon receipt of the notice under subparagraph (A), the 
Secretary determines that the employee or the representative of the 
employee has brought the alleged violation or danger to the attention 
of the employer and the employer has refused to take corrective action, 
and that there are reasonable grounds to believe the alleged violation 
or danger still exists, the Secretary shall make a special inspection 
in accordance with this subsection not later than 30 days after the 
receipt of the notice under subparagraph (A). The special inspection 
shall be conducted for the limited purpose of determining whether the 
alleged 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 described in paragraph (1)(A) exists, the Secretary 
shall notify the complaining employee or the representative of the 
employee of the determination and, upon request by the employee or the 
representative of the employee, shall provide a written statement of 
the reasons for the determination.''.
    (d) Training and Enforcement.--Section 8 (29 U.S.C. 657) is 
amended--
            (1) by redesignating subsection (g) as subsection (j); and
            (2) by inserting after subsection (f) the following:
    ``(g) Inspections conducted under this section shall be conducted 
by at least 1 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 50 or 
        fewer employees; or
            ``(B) an employer of not more than 50 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) that 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, with respect to the employer, 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 the 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 a report of an employment accident that is fatal to at least 
        1 employee or that 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 a complaint of discrimination against employees for 
        exercising their rights under this Act.
    ``(i) Any records or other information created by or for an 
employer for the purpose of conducting safety and health inspections, 
audits, or reviews not required by this Act shall not be required to be 
disclosed by the employer or the agent of the employer in any 
inspection, investigation, or enforcement proceeding conducted pursuant 
to 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:

``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 the employer 
participating in the program, except that this subsection shall not 
apply to inspections and investigations conducted for the purpose of--
            ``(1) determining the cause of a workplace accident that 
        resulted in the death of 1 or more employees or the 
        hospitalization of 3 or more employees; or
            ``(2) responding to a request for an inspection pursuant to 
        section (8)(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 of the employer 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 workplace 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 the nonsupervisory 
                                employees of the employer regarding 
                                safety and health issues; and
                                    ``(II) the opportunity for the 
                                nonsupervisory employees of the 
                                employer to make recommendations 
                                regarding hazards in the workplace and 
                                to receive responses or to implement 
                                improvements in response to the 
                                recommendations; and
                    ``(B) that requires that participating 
                nonsupervisory employees of the employer 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) provides 
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:
            ``(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:
    ``(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 an 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 the employer 
demonstrates that--
            ``(1) employees of the 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 
        the 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 the employer demonstrates that employees of the 
employer were protected by alternative methods that were equally or 
more protective of the safety and health of the employees than the 
methods required by the 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 the 
        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 after the receipt of such a notification 
to notify the Secretary that the employer desires to contest the 
notification of the Secretary or the proposed assessment of penalty. 
The period for the correction of the violation 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 amended 
        by adding at the end the following:
    ``(d) In all hearings before the Commission relating to a contested 
citation, there shall be no presumption of a violation of standard, or 
an existence of a hazard, under this Act. In such cases, 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 the 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 
promulgated under this Act, 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 the 
employee in violation of this subsection may, within 30 days after such 
violation occurs, file a complaint with the Secretary alleging the 
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 stated 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 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 in an action brought under 
subparagraph (D)(i), 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 
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:
    ``(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 the employer 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 a proceeding under subsection (c) 
requires that the notice be maintained.
    ``(B) The Secretary shall not prevent the continued activity of the 
employees of the employer whose presence in the place of employment is 
necessary--
            ``(i) to avoid, correct, or remove the imminent danger;
            ``(ii) to maintain the capacity of a continuous process 
        operation to resume the normal operations of the employer 
        without a cessation of the operations; or
            ``(iii) to permit the cessation of the operations of the 
        employer to be accomplished in a safe and orderly manner, where 
        the cessation of the operations is necessary.
    ``(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. 665) is amended--
            (1) by inserting ``(a)'' after ``16.''; and
            (2) by adding at the end the following:
    ``(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)(3)(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. The assistance 
shall be targeted at small employers and the most hazardous industries.
    ``(d) Consultative services shall be provided 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 
activities described in this section.''.

SEC. 12. PENALTIES.

    (a) In General.--Section 17 (29 U.S.C. 666) is amended--
            (1) by striking 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 a violation;
            ``(C) the likely severity of any injuries directly 
        resulting from the 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 for violations 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 1 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 where the violation, for which the penalty was 
        assessed, occurred; or
            ``(ii) shows that the work site where 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, a 
violation that creates an imminent danger, a violation that has caused 
death, or a willful violation that has caused serious injury to an 
employee, unless the Secretary provides--
            ``(A) the employer with a written notification of the 
        violation; and
            ``(B) the employer a reasonable time (but not less than 10 
        days after the receipt by the employer of the written 
        notification) to correct the violation.''.
    (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: ``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. 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 (29 U.S.C. 
655). The Secretary shall report the results of the analysis to 
Congress upon the expiration of the 2-year period beginning on the date 
of enactment of this Act and every 2 years thereafter.

SEC. 15. 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: ``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 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''.
                                 <all>