[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2235 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2235

 To authorize the Secretary of Labor to establish voluntary protection 
                               programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2001

  Mr. Petri (for himself, Mr. Andrews, Mr. Isakson, Ms. Woolsey, Mr. 
 Paul, Mr. LaHood, and Mr. Hutchinson) introduced the following bill; 
     which was referred to the Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of Labor to establish voluntary protection 
                               programs.

    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 ``Models of Safety and Health 
Excellence Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Since 1982, the Occupational Safety and Health 
        Administration has conducted voluntary protection programs 
        designed to recognize excellence in occupational safety and 
        health.
            (2) Such programs have fostered partnerships between 
        employers, employees, and the Occupational Safety and Health 
        Administration to improve workplace safety and health through 
        the implementation of effective safety and health programs.
            (3) Employers participating in such programs provide their 
        employees with a level of protection that substantially exceeds 
        the level of protection provided by compliance with the 
        requirements of the Occupational Safety and Health Act of 1970 
        (29 U.S.C. 651 et seq.).
            (4) As a result of these efforts, employers participating 
        in such programs have experienced injury and illness rates that 
        are on average less than half of their respective industry 
        averages, sparing thousands of America's working families 
        needless workplace tragedies.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To recognize the exemplary leadership of voluntary 
        protection programs participants in improving occupational 
        safety and health at workplaces;
            (2) To encourage other employers to adopt such approaches 
        to protect their workers; and
            (3) To codify such programs to ensure that the Occupational 
        Safety and Health Administration continues to develop them in 
        the future.

SEC. 3. VOLUNTARY PROTECTION PROGRAMS.

    (a) In General.--The Secretary of Labor or the Secretary's 
authorized representative shall establish and carry out voluntary 
protection programs (hereinafter in this section referred to as 
``programs'') to promote and recognize the achievement of worksites 
that demonstrate excellence in workplace health and safety. The 
Secretary may choose, in limited situations, to alter the application 
requirements in order to expand the scope of worksites participating in 
the programs to include nonstandard worksites such as short-term 
construction sites and mobile worksites. The Secretary shall encourage 
the participants in the programs to share occupational safety and 
health expertise with other employers. The Secretary shall also 
encourage the participation of small business (as that term is defined 
by the Administrator of the Small Business Administration) in the 
programs by implementing outreach and assistance initiatives in 
cooperation with program participants and shall develop program 
requirements that address the needs of small businesses. The Secretary 
may provide for the development of equivalent programs in State plan 
States.
    (b) Program Requirements.--A program shall include the following:
            (1) Application.--Applications for participation in the 
        programs shall be submitted by the worksite's management, shall 
        reflect the support of a substantial number of site employees, 
        and, where applicable, shall have the express written support 
        of the collective bargaining representative of such employees. 
        Employers who volunteer under the programs shall be required to 
        submit an application to the Secretary of Labor demonstrating 
        that the worksite, with respect to which the application is 
        made, meets such requirements as the Secretary may require for 
        participation in the program. Such requirements shall include 
        demonstrations of exemplary comprehensive programs to assure--
                    (A) upper management leadership and active and 
                meaningful employee involvement;
                    (B) systematic assessment of hazards;
                    (C) comprehensive hazard prevention, mitigation, 
                and control programs;
                    (D) employee safety and health training; and
                    (E) safety and health program evaluation.
            (2) Onsite evaluations.--There shall be onsite evaluations 
        of each permanent worksite by representatives of the Secretary 
        and others from the private and public sector as determined by 
        the Secretary.
            (3) Information.--Employers who are approved by the 
        Secretary for participation in a program shall assure the 
        Secretary that such information as is necessary to evaluate the 
        employer's application and continued participation in the 
        program is made available to the Secretary.
            (4) Reevaluations.--Periodic reevaluations by the Secretary 
        shall be required for continued participation in a program.
    (c) Program Administration.--
            (1) Exemptions.--A worksite which has been selected to 
        participate in a program shall, while participating in the 
        program, be exempt from inspections or investigations under the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
        seq.), except that the exemption shall not apply to inspections 
        or investigations arising from employee complaints, fatalities, 
        catastrophes, or significant toxic releases.
            (2) Program acceptance and continued participation.--
        Decisions regarding acceptance into the program and continued 
        participation in the program will be based on the applicant's 
        superior safety and health performance, as determined by the 
        Secretary or the Secretary's authorized representatives.
            (3) Program participation.--Decisions regarding 
        participation in a program are in the sole discretion of the 
        Secretary or an authorized representative of the Secretary.
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