[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2067 Introduced in Senate (IS)]


109th CONGRESS
  1st Session
                                S. 2067

 To assist chemical manufacturers and importers in preparing material 
     safety data sheets pursuant to the requirements of the Hazard 
Communication standard and to establish a Commission to study and make 
recommendations regarding the implementation of the Globally Harmonized 
          System of Classification and Labeling of Chemicals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2005

    Mr. Enzi (for himself, Mrs. Murray, Mr. Isakson, Mr. Burr, Mr. 
Sessions, and Mr. Gregg) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
 To assist chemical manufacturers and importers in preparing material 
     safety data sheets pursuant to the requirements of the Hazard 
Communication standard and to establish a Commission to study and make 
recommendations regarding the implementation of the Globally Harmonized 
          System of Classification and Labeling of Chemicals.

    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 ``HazCom Simplification and 
Modernization Act of 2005''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to assist chemical manufacturers and 
importers in preparing material safety data sheets pursuant to the 
requirements of the Hazard Communication standard published at section 
1910.1200 of title 29, Code of Federal Regulations, and the Hazard 
Communication standard published at part 47 of title 30, Code of 
Federal Regulations, and to improve the accuracy, consistency, and 
comprehensibility of such material safety data sheets and to establish 
a Commission for the purpose of studying and making recommendations 
regarding the implementation of the United Nations' Globally Harmonized 
System of Classification and Labeling of Chemicals.

SEC. 3. HAZARD COMMUNICATION.

    (a) In General.--
            (1) Model material safety data sheets for highly hazardous 
        chemicals.--The Secretary of Labor shall develop model material 
        safety data sheets for the list of highly hazardous chemicals 
        contained in Appendix A to the Process Safety Management of 
        Highly Hazardous Chemicals standard published at section 
        1910.119 of title 29, Code of Federal Regulations. Such model 
        material safety data sheets shall--
                    (A) comply with the requirements of the Hazard 
                Communication standard published at section 1910.100 of 
                such title 29 and the Hazard Communication standard 
                published at part 47 of title 30, Code of Federal 
                Regulations;
                    (B) be presented in a consistent format that 
                enhances the reliability and comprehensibility of 
                information about chemical hazards in the workplace and 
                protective measures; and
                    (C) be made available to the public, including 
                through posting on the Occupational Safety and Health 
                Administration's website and the Mine Safety and Health 
                Administration's website, within 18 months after the 
                date of enactment of this Act.
            (2) Construction.--Nothing in this subsection shall be 
        construed to--
                    (A) modify or amend the Hazard Communication 
                standard published at section 1910.1200 of title 29, 
                Code of Federal Regulations, the Process Safety 
                Management of Highly Hazardous Chemicals standard 
                published at section 1910.119 of such title 29, the 
                Hazard Communication standard published at part 47 of 
                title 30, Code of Federal Regulations, or any other 
                provision of law; and
                    (B) authorize the Secretary of Labor to include in 
                the model material safety data sheet developed under 
                this subsection any suggestion or recommendation as to 
                permissible or appropriate workplace exposure levels 
                for these chemicals, except as required by the Hazard 
                Communication standard published at section 1910.1200 
                of such title 29, and the Hazard Communication standard 
                published at part 47 of title 30, Code of Federal 
                Regulations.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Labor such sums as may 
        be necessary to carry out this subsection.
    (b) Globally Harmonized System Commission.--
            (1) Establishment.--Not later than 6 months after the date 
        of enactment of this Act, there shall be established a 
        commission, to be known as the Global Harmonization Commission 
        (referred to in this subsection as the ``Commission''), to 
        consider the implementation of the United Nations Globally 
        Harmonized System of Classification and Labeling of Chemicals 
        to improve chemical hazard communication and to make 
        recommendations to Congress.
            (2) Membership.--The Commission shall be composed of 17 
        members of whom--
                    (A) 1 shall be the Secretary of Labor (referred to 
                in this Act as the ``Secretary'');
                    (B) 1 shall be the Secretary of Transportation;
                    (C) 1 shall be the Secretary of Health and Human 
                Services;
                    (D) 1 shall be the Administrator of the 
                Environmental Protection Agency;
                    (E) 1 shall be the Chairman of the Consumer Product 
                Safety Commission;
                    (F) 1 shall be the Chairman of the Chemical Safety 
                and Hazard Investigation Board (or his or her 
                designee);
                    (F) 11 shall be appointed by the Secretary of 
                Labor, of whom--
                            (i) 2 shall be representatives of 
                        manufacturers of hazardous chemicals, including 
                        a representative of small businesses;
                            (ii) 2 shall be representatives of 
                        employers who are extensive users of hazardous 
                        chemicals supplied by others, including a 
                        representative of small businesses;
                            (iii) 2 shall be representatives of labor 
                        organizations;
                            (iv) 2 shall be individuals who are 
                        qualified in an occupational health or safety 
                        field by an organization whose program has been 
                        accredited by a nationally recognized private 
                        accreditation organization or by the Secretary, 
                        who have expertise in chemical hazard 
                        communications;
                            (v) 1 shall be a representative of mining 
                        industry employers;
                            (vi) 1 shall be a representative of mining 
                        industry employees; and
                            (vii) 1 shall be a safety and health 
                        professional with expertise in mining.
            (3) Chair and vice-chair.--The members of the Commission 
        shall select a chair and vice-chair from among its members.
            (4) Duties.--
                    (A) Study and recommendations.--The Commission 
                shall conduct a thorough study of, and shall develop 
                recommendations on, the following issues relating to 
                the global harmonization of hazardous chemical 
                communication:
                            (i) Whether the United States should adopt 
                        any or all of the elements of the United 
                        Nation's Globally Harmonized System of 
                        Classification and Labeling of Chemicals 
                        (referred to in this subsection and the 
                        ``Globally Harmonized System'').
                            (ii) How the Globally Harmonized System 
                        should be implemented by the Federal agencies 
                        with relevant jurisdiction, taking into 
                        consideration the role of the States acting 
                        under delegated authority.
                            (iii) How the Globally Harmonized System 
                        compares to existing chemical hazard 
                        communication laws and regulations, including 
                        the Hazard Communication standard published at 
                        section 1910.1200 of title 29, Code of Federal 
                        Regulations and the Hazard Communication 
                        standard published at part 47 of title 30, Code 
                        of Federal Regulations.
                            (iv) The impact of adopting the Globally 
                        Harmonized System on the consistency, 
                        effectiveness, comprehensiveness, timing, 
                        accuracy, and comprehensibility of chemical 
                        hazard communication in the United States.
                            (v) The impact of adopting the Globally 
                        Harmonized System on occupational safety and 
                        health in the United States.
                            (vi) The impact of adopting the Globally 
                        Harmonized System on tort, insurance, and 
                        workers compensation laws in the United States.
                            (vii) The impact of adopting the Globally 
                        Harmonized System on the ability to bring new 
                        products to the market in the United States.
                            (viii) The cost and benefits of adopting 
                        the Globally Harmonized System to businesses, 
                        including small businesses, in the United 
                        States.
                            (ix) How effective compliance assistance, 
                        training, and outreach can be used to help 
                        chemical manufacturers, importers, and users, 
                        particularly small businesses, understand and 
                        comply with the Globally Harmonized System.
                    (B) Report.--Not later than 18 months after the 
                date of enactment of this Act, the Commission shall 
                submit to the appropriate committees of Congress a 
                report containing a detailed statement of the findings 
                and conclusions of the Commission, together with its 
                recommendations for such legislation as the Commission 
                considers appropriate.
            (5) Powers.--
                    (A) Hearings.--The Commission shall hold at least 
                one public hearing, and may hold additional hearings, 
                sit and act at such times and places, take such 
                testimony, and receive such evidence as the Commission 
                considers advisable to carry out this section. The 
                Commission shall, to the maximum extent possible, use 
                existing data and research to carry out this section.
                    (B) Information from federal agencies.--The 
                Commission may secure directly from any Federal 
                department or agency such information as the Commission 
                considers necessary to carry out this section. Upon 
                request by the Commission, the head of such department 
                or agency shall promptly furnish such information to 
                the Commission.
                    (C) Postal services.--The Commission may use the 
                United States mails in the same manner and under the 
                same conditions as other departments and agencies of 
                the Federal Government.
            (6) Personnel matters.--
                    (A) Compensation; travel expenses.--Each member of 
                the Commission shall serve without compensation but 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for employees 
                of agencies under subchapter I of chapter 57 of title 
                5, United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the Commission.
                    (B) Staff and equipment.--The Department of the 
                Labor shall provide all financial, administrative, and 
                staffing requirements for the Commission including--
                            (i) office space;
                            (ii) furnishings; and
                            (iii) equipment.
            (7) Termination.--The Commission shall terminate on the 
        date that is 90 days after the date on which the Commission 
        submits the report required under paragraph (3)(B).
            (8) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Labor, such sums as may 
        be necessary to carry out this subsection.
    (c) Hazard Communication Demonstration Projects.--
            (1) In general.--Section 20(a) of the Act (29 U.S.C. 
        670(a)) is amended by adding at the end the following:
    ``(8) Subject to the availability of appropriations, the Secretary, 
after consultation with others, as appropriate, shall award grants to 
one or more qualified applicants in order to carry out a demonstration 
project to develop, implement, or evaluate strategies or programs to 
improve chemical hazard communication in the workplace through the use 
of technology, which may include electronic or Internet-based hazard 
communication systems.''.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        the amendment made by paragraph (1).
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