[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4496 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4496

 To direct the Secretary of Labor to promulgate an occupational safety 
    and health standard that requires covered employers to protect 
    employees from injury and death related to grease trap manholes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2020

  Mr. Schumer introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Labor to promulgate an occupational safety 
    and health standard that requires covered employers to protect 
    employees from injury and death related to grease trap manholes.

    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 ``Bryce Raynor Act of 2020''.

SEC. 2. OCCUPATIONAL SAFETY AND HEALTH STANDARD REGARDING GREASE TRAP 
              MANHOLES.

    (a) Definitions.--In this section, the terms ``employee'' and 
``employer'' have the meanings given the terms in section 3 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 652).
    (b) Interim Final Standard.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Labor shall promulgate 
        an interim final occupational safety and health standard 
        protecting employees from death and injury related to grease 
        trap manholes that--
                    (A) shall be included as a new section in subpart D 
                of part 1910 of title 29, Code of Federal Regulations 
                or any successor subpart, with the heading ``Grease 
                Trap Manholes''; and
                    (B) requires employers to protect all employees 
                from falling in or tripping on grease trap manholes 
                by--
                            (i) ensuring that the grease trap manholes 
                        and surrounding areas are inspected regularly 
                        and in accordance with clause (iv) and 
                        maintained in a safe condition, consistent with 
                        paragraphs (1), (2), and (3) of section 
                        1910.22(d) of such subpart;
                            (ii) ensuring that, consistent with section 
                        1910.28(b)(3) of such subpart, each employee--
                                    (I) is protected from falling 
                                through any grease trap manhole opening 
                                that is 4 feet (1.2 meters) or more 
                                above a lower level by a cover, 
                                guardrail system, travel restraint 
                                system, or personal fall arrest system; 
                                and
                                    (II) is protected from tripping 
                                into or stepping into or through any 
                                grease trap manhole opening that is 
                                less than 4 feet (1.2 meters) above a 
                                lower level by a cover or guardrail 
                                system;
                            (iii) ensuring that each grease trap 
                        manhole opening--
                                    (I) has a cover that, consistent 
                                with the requirements of section 
                                1910.29(e) of such subpart--
                                            (aa) is capable of 
                                        supporting, without failure, at 
                                        least twice the maximum 
                                        intended load that may be 
                                        imposed on the cover at any one 
                                        time;
                                            (bb) is manufactured for 
                                        commercial use;
                                            (cc) is secured by a bolt 
                                        or locking mechanism to prevent 
                                        accidental displacement; and
                                            (dd) is made of round cast 
                                        iron, or metal of a similar 
                                        construction rated for heavy 
                                        road traffic, with sufficient 
                                        weight to prevent unauthorized 
                                        access; and
                                    (II) has a secondary protection 
                                device consisting of a screen or 
                                netting sufficient to prevent a person 
                                from falling into the grease trap 
                                manhole opening; and
                            (iv) ensuring that each grease trap manhole 
                        and cover for a grease trap manhole opening is 
                        inspected twice a year to ensure that the cover 
                        is made of metal, locked, and can support twice 
                        the maximum intended load.
            (2) Notice and comment.--Notwithstanding any other 
        provision of section 6 of the Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 655), the Secretary of Labor shall, 
        prior to promulgating the interim final standard under 
        paragraph (1), provide notice of the interim final standard and 
        a 30-day opportunity for public comment.
            (3) Effective date of interim final standard.--
                    (A) In general.--The interim final standard 
                promulgated under paragraph (1) shall--
                            (i) take effect on a date specified by the 
                        Secretary of Labor that is not later than 30 
                        days after the date of promulgation, except 
                        that such interim final standard may include a 
                        reasonable phase-in period for the 
                        implementation of required engineering controls 
                        that take effect after such date;
                            (ii) have the legal effect of, and be 
                        enforced in the same manner as, an occupational 
                        safety and health standard promulgated under 
                        section 6(b) of the Occupational Safety and 
                        Health Act of 1970 (29 U.S.C. 655(b)); and
                            (iii) be in effect until the final standard 
                        described in subsection (c)(2) becomes 
                        effective and enforceable.
                    (B) Failure to promulgate.--If an interim final 
                standard described in paragraph (1) is not promulgated 
                by the date that is 2 years after the date of enactment 
                of this Act, the provisions of such paragraph shall be 
                in effect and enforced in the same manner as any 
                standard promulgated under section 6(b) of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                655(b)) until such provisions are superseded in whole 
                by an interim final standard promulgated by the 
                Secretary that meets the requirements of paragraph (1).
    (c) Final Standard.--
            (1) Proposed final standard.--Not later than 30 months 
        after the date of enactment of this Act, the Secretary of Labor 
        shall, pursuant to section 6 of the Occupational Safety and 
        Health Act of 1970 (29 U.S.C. 655), promulgate a proposed final 
        standard protecting employees from death and injury related to 
        grease trap manholes that shall include, at a minimum, the 
        elements contained in the interim final standard promulgated 
        under subsection (b).
            (2) Final standard.--Not later than 42 months after the 
        date of enactment of this Act, the Secretary of Labor shall, 
        pursuant to section 6 of the Occupational Safety and Health Act 
        of 1970 (29 U.S.C. 655), promulgate a final standard protecting 
        employees from death and injury related to grease trap 
        manholes. Such final standard shall include, at a minimum, the 
        elements contained in the interim final standard promulgated 
        under subsection (b).
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