[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1706 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1706
To authorize the Department of Labor's voluntary protection program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mrs. Harshbarger (for herself and Mr. Thompson of California)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To authorize the Department of Labor's voluntary protection program.
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 ``Michael Enzi Voluntary Protection
Program Act''.
SEC. 2. MICHAEL ENZI VOLUNTARY PROTECTION PROGRAM.
(a) Cooperative Agreements.--The Secretary of Labor shall establish
a program of entering into cooperative agreements with employers to
encourage the establishment of comprehensive safety and health
management systems that include--
(1) requirements for systematic assessment of hazards;
(2) comprehensive hazard prevention, mitigation, and
control programs;
(3) active and meaningful management and employee
participation in the voluntary program described in subsection
(b); and
(4) employee safety and health training.
(b) Michael Enzi Voluntary Protection Program Established.--
(1) Establishment.--
(A) In general.--The Secretary of Labor shall
establish and carry out a voluntary protection program
(consistent with subsection (a)) to encourage
excellence and recognize the achievement of excellence
in both the technical and managerial protection of
employees from occupational hazards.
(B) Designation.--The voluntary protection program
carried out under this section shall be known as the
``Michael Enzi Voluntary Protection Program'' (referred
to in this Act as the ``Program'').
(2) Program requirements.--The Program shall include the
following:
(A) Application.--Employers who volunteer under the
Program 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 of Labor may require
for participation in the Program.
(B) Onsite evaluations.--There shall be onsite
evaluations by representatives of the Secretary of
Labor to ensure a high level of protection of
employees. The onsite visits shall not result in
enforcement of citations under the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.).
(C) Information.--Employers who are approved by the
Secretary of Labor for participation in the Program
shall assure the Secretary of Labor that information
about the safety and health program shall be made
readily available to the Secretary of Labor to share
with employees.
(D) Reevaluations.--Periodic reevaluations by the
Secretary of Labor of the employers shall be required
for continued participation in the Program.
(3) Monitoring.--To ensure proper controls and measurement
of program performance for the Program under this section, the
Secretary of Labor shall direct the Assistant Secretary of
Labor for Occupational Safety and Health to take the following
actions:
(A) Develop a documentation policy regarding
information on follow-up actions taken by the regional
offices of the Occupational Safety and Health
Administration in response to fatalities and serious
injuries at worksites participating in the Program.
(B) Establish internal controls that ensure
consistent compliance by the regional offices of the
Occupational Safety and Health Administration with the
Program policies of the Occupational Safety and Health
Administration for conducting onsite reviews and
monitoring injury and illness rates, to ensure that
only qualified worksites participate in the Program.
(C) Establish a system for monitoring the
performance of the Program by developing specific
performance goals and measures for the Program.
(4) Exemptions.--A site with respect to which a Program has
been approved shall, during participation in the Program, be
exempt from programmed inspections.
(5) No payments required.--The Secretary of Labor shall not
require any form of payment for an employer to qualify or
participate in the Program.
(c) Transition.--The Secretary of Labor shall take such steps as
may be necessary for the orderly transition from the cooperative
agreements and voluntary protection programs carried out by the
Occupational Safety and Health Administration as of the day before the
date of enactment of this Act, to the cooperative agreements and
Program authorized under this section. In making such transition, the
Secretary shall ensure that--
(1) the Program authorized under this section is based upon
and consistent with the voluntary protection programs carried
out on the day before the date of enactment of this Act; and
(2) each employer that, as of the day before the date of
enactment of this Act, had an active cooperative agreement
under the voluntary protection programs carried out by the
Occupational Safety and Health Administration and was in good
standing with respect to the duties and responsibilities under
such agreement, shall have the option to continue participating
in the Program authorized under this section.
(d) Regulations and Implementation.--Not later than 2 years after
the date of enactment of this Act, the Secretary of Labor shall issue
final regulations for the Program authorized under this section and
shall begin implementation of the Program.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary.
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