[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5554 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5554

To amend the Occupational Safety and Health Act of 1970 and the Federal 
  Mine Safety and Health Act of 1977 to prohibit the promulgation of 
 safety and health standards that do not meet certain requirements for 
                     national consensus standards.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2006

Mr. Norwood (for himself, Mrs. Miller of Michigan, Mr. Wicker, and Mr. 
   Tiahrt) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Occupational Safety and Health Act of 1970 and the Federal 
  Mine Safety and Health Act of 1977 to prohibit the promulgation of 
 safety and health standards that do not meet certain requirements for 
                     national consensus standards.

    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 ``Workplace Safety and Health 
Transparency Act of 2006''.

SEC. 2. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE OCCUPATIONAL 
              HEALTH AND SAFETY ACT.

    (a) Adoption by OSHA.--The Occupational Health and Safety Act of 
1970 (29 U.S.C. 651 et seq.) is amended by adding after section 6 the 
following:

                ``adoption of nongovernmental standards

    ``Sec. 6A.  (a) Effective on the date of enactment of this section, 
the Secretary shall not promulgate or incorporate by reference any 
finding, guideline, standard, limit, rule, or regulation based on a 
determination reached by any organization, unless the Secretary 
affirmatively finds that such determination--
            ``(1) has been adopted and promulgated by a nationally 
        recognized standards-producing organization under procedures 
        whereby it can be determined by the Secretary that persons 
        interested and affected by the scope or provisions of the 
        standard have reached substantial agreement on its adoption;
            ``(2) was formulated in a manner which afforded an 
        opportunity for diverse views to be considered; and
            ``(3) has been designated as such a standard by the 
        Secretary, after consultation with other appropriate Federal 
        agencies.
        Such finding and a summary of its basis shall be published in 
        the Federal Register and shall be considered a final action 
        subject to review by a United States District Court in 
        accordance with section 706 of title 5, United States Code.
    ``(b) With respect to rulemaking proceedings initiated by the 
Secretary but not finalized prior to the date of enactment of this 
section, the Secretary shall, within 180 days of the date of enactment 
of this section, investigate and identify the use of, influence of, or 
reliance upon any finding, guideline, standard, limit or any other 
recommendation that has not been made by an organization and procedure 
that does not comply with the requirements set forth in subsection (a). 
The Secretary shall publish the results of such investigations in the 
Federal Register and, in any final rule, standard, or official 
recommendation that is prescribed under such proceedings, shall not 
incorporate, use, or rely upon any finding, guideline, standard, limit, 
or other recommendation that does not comply with the requirements set 
forth in subsection (a). The Secretary's actions under this section 
shall be subject to review by a United States district court of 
appropriate jurisdiction.''.
    (b) Approval of State Plans.--Section 18 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 667) is amended by adding at the end 
the following:
    ``(i) The Secretary shall not approve a State plan under this 
section that incorporates by reference any finding, guideline, 
standard, limit, rule, or regulation based on a determination reached 
by any organization, unless the Secretary determines that the standards 
adopted in such plan are standards that--
            ``(1) have been adopted and promulgated by a nationally 
        recognized standards-producing organization under procedures 
        whereby it can be determined by the State that persons 
        interested and affected by the scope or provisions of such 
        standards have reached substantial agreement on their adoption; 
        and
            ``(2) were formulated in a manner which afforded an 
        opportunity for diverse views to be considered.''.

SEC. 3. ADOPTION OF NONGOVERNMENTAL STANDARDS UNDER THE FEDERAL MINE 
              SAFETY AND HEALTH ACT.

    Section 101 of the Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 811) is amended by adding at the end the following:
    ``(f)(1) Effective on the date of enactment of this section, the 
Secretary shall not promulgate or incorporate by reference any finding, 
guideline, standard, limit, rule, or regulation based on a 
determination reached by any organization, unless the Secretary 
affirmatively finds that such determination--
            ``(A) has been adopted and promulgated by a nationally 
        recognized standards-producing organization under procedures 
        whereby it can be determined by the Secretary that persons 
        interested and affected by the scope or provisions of the 
        standard have reached substantial agreement on its adoption;
            ``(B) was formulated in a manner which afforded an 
        opportunity for diverse views to be considered; and
            ``(C) has been designated as such a standard by the 
        Secretary, after consultation with other appropriate Federal 
        agencies.
Such finding and a summary of its basis shall be published in the 
Federal Register and shall be considered a final action subject to 
review by a United States District Court in accordance with section 706 
of title 5, United States Code.
    ``(2) With respect to rulemaking proceedings initiated by the 
Secretary but not finalized prior to the date of enactment of this 
subsection, the Secretary shall, within 180 days of the date of 
enactment of this subsection, investigate and identify the use of, 
influence of, or reliance upon any finding, guideline, standard, limit 
or any other recommendation that has not been made by an organization 
and procedure that does not comply with the requirements of paragraph 
(1). The Secretary shall publish the results of such investigations in 
the Federal Register and, in any final rule, standard, or 
recommendation that is prescribed under such proceedings, shall not 
incorporate, use, or rely upon any finding, guideline, standard, limit, 
or other official recommendation that does not comply with the 
requirements of paragraph (1). The Secretary's actions under this 
section shall be subject to review by a United States district court of 
appropriate jurisdiction.''.
                                 <all>