[Congressional Record Volume 140, Number 77 (Friday, June 17, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 17, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
     INTRODUCTION OF THE OCCUPATIONAL SAFETY AND HEALTH REFORM ACT

                                 ______


                         HON. HARRIS W. FAWELL

                              of illinois

                    in the house of representatives

                         Friday, June 17, 1994

  Mr. FAWELL. Mr. Speaker, today I and 23 of my colleagues are 
reintroducing the Occupational Safety and Health Reform Act. I say 
reintroducing because the bill is really an updated version of H.R. 
2937, which was introduced in August, 1993.
  When that earlier bill was introduced, I said, on behalf of the 
cosponsors, that our bill was intended to reflect our ideas of what 
OSHA reform should look like in general, in contrast to the mandates 
and penalties in the other OSHA reform bill, H.R. 1280. I said:

       We believe that Congress needs to look at a new role for 
     OSHA, combining enforcement and incentives, and using the 
     resources of the Federal Government not simply as the 
     policeman of the workplace but also to encourage and reward 
     employer and employee efforts to improve and maintain high 
     standards for the safety and health of workers. Safe and 
     healthful working conditions and practices are in the 
     interest of both employees and employers. Most employees and 
     most employers recognize that fact. Some do not, and our bill 
     addresses those employers by providing OSHA with necessary 
     enforcement tools to ensure that employee safety and health 
     is not ignored. But for the vast majority of employers, 
     existing Government resources can be better utilized by 
     providing expertise, consultation services, and training, and 
     by encouraging employers and employees to make safety and 
     health a priority in their workplaces.

  Shortly after H.R. 2937 was introduced, Vice President Gore's 
National Performance Review [NPR] report expressed a similar goal for 
OSHA. To quote the NPR:

       We will shift some federal functions from old-style 
     bureaucracies to market mechanisms. We will use federal 
     powers to structure private markets in ways that solve 
     problems and meet citizens' needs--such as for job training 
     or safe workplaces--without funding more and bigger public 
     bureaucracies.

  The bill we are introducing today continues, and we think improves 
upon, this approach to reinvent OSHA--emphasizing cooperation, market 
mechanisms, and incentives. For the most part, it is identical to H.R. 
2937, with two substantive changes--both of which were based upon the 
comments that we received from many people after the earlier bill was 
introduced.
  The first change from H.R. 2937 eliminates the extension of OSHA 
coverage to State and local governments. The original bill included 
such coverage after 3 years and a CBO study of the costs involved, 
along with a provision providing that fines otherwise assessed against 
such public agencies would be applied to the costs of abating the 
violation. Although these provisions were clearly less burdensome on 
State and local governments than those in H.R. 1280, many 
communications from my constituents along with, obviously, the 
increased awareness that all of us have to the burden of unfunded 
mandates on State and local governments convinced me and my colleagues 
to exclude this provision altogether and to retain current law.
  It should be emphasized that current law does not leave public sector 
workers without avenues for protection. The policy adopted in 1970 when 
the OSH Act was passed was that States should be covered but not 
mandated to enforce OSHA rules in public-sector workplaces. States 
which do so receive up to 50 percent Federal funding for enforcement 
activities. Twenty-five States and territories have adopted such a 
program, while other States have chosen to provide protections in other 
ways, without the involvement of Federal Government oversight. That 
policy, we believe, recognizes that States and local governments are 
separate levels of government and not arms of the Federal Government, 
and that we ought to avoid imposing more unfunded mandates on already 
overburdened State and local government budgets.
  The second change from H.R. 2937 in the bill we are introducing today 
would more clearly focus OSHA's efforts to promote and administer 
voluntary compliance programs. Our intent is that cooperative and 
voluntary programs should be recognized both within and without the 
agency as at least as important a part of OSHA's mission as enforcement 
or setting standards. To do that, the bill would establish a single 
office within OSHA to coordinate and administer all voluntary programs, 
including small business consultation, voluntary protection programs, 
technical and training and workplace-based incentives--and set a floor 
of at least 25 percent of the agency's budget for such programs.
  A section-by-section summary of the legislation we are introducing 
today is attached. We welcome any comments or questions, as well as 
cosponsorships, from our colleagues.

   Section-by-Section Summary of The Revised Occupational Safety and 
                           Health Reform Act

       Section 1. Short Title.
       Section 2. Congressional Coverage. Establishes a program 
     for coverage of Congress and the instrumentalities of 
     Congress comparable to private sector.
       Section 3. Standard Setting. Provides uniform criteria for 
     health and safety standards. Requires that standards be based 
     on significant risk, feasibility, a reasonable relationship 
     of costs and benefits, cost effectiveness, and minimized job 
     loss. Requires OSHA to use negotiated rulemaking unless the 
     agency finds that process inappropriate. Provides protections 
     for small business against excessive paperwork and regulatory 
     requirements.
       Section 4. Application. Requires OSHA to report to Congress 
     regarding number and types of inspections not conducted 
     because of lack of jurisdiction. Provides that an employee 
     participation program which deals in whole or in part with 
     safety and health is not a violation of section 8(a)(2) of 
     the National Labor Relations Act. Provides that safety and 
     health audits which are done voluntarily by an employer are 
     ``privileged'' in enforcement actions.
       Section 5. Variances. Provides for automatic granting of 
     variance if the application has been pending with OSHA for 
     180 days and if the inaction is not due to applicant.
       Section 6. Inspections. Creates a legal requirement that 
     OSHA inspections be conducted by personnel who are trained 
     and knowledgeable in the industry or type of hazard. Requires 
     OSHA to enter agreements with other enforcement agencies to 
     check for fire hazards and report them to OSHA if the 
     employer fails to correct. Makes permanent the Appropriations 
     language partially exempting small businesses and family 
     farms. Allows OSHA greater discretion in determining which 
     employee complaints must be investigated.
       Section 7. Consultation, Incentives, and Technical 
     Assistance. Establishes a central office within OSHA to 
     promote, administer, and coordinate consultation and 
     voluntary compliance programs. Provides exemptions from 
     random inspections and penalty reductions for employers which 
     (1) utilize a third-party consultation program or (2) have a 
     safety and health program and an exemplary safety record. 
     Establishes a recognition and award program for model 
     employers based upon the current Voluntary Protection 
     Program. Codifies small employer consultation program. 
     Provides for additional programs for education, training, and 
     technical assistance. Sets aside at least 25 percent of OSHA 
     budget for programs in this section.
       Section 8. Employer Defenses. Codifies and modifies the 
     defense for ``employee misconduct.'' Creates a new defense 
     for employers who have utilized alternative methods which are 
     equally or more protective of employee's safety and health.
       Section 9. Occupational Safety and Health Review 
     Commission. Extends the time an employer may contest a 
     citation from 15 days to 30 days. Gives deference to 
     interpretations of law by the Commission.
       Section 10. Discrimination. (Whistleblowers) Extends time 
     for filing complaints from 30 days to 60 days. Provides that 
     if DOL does not decide to prosecute the case within 90 days, 
     the complainant may take the case directly to the Review 
     Commission for hearing and decision. Provides for appeal from 
     Commission decision to Court of Appeals. Encourages use of 
     mediation in such disputes.
       Section 11. Enforcement. Retains current requirement that 
     OSHA obtain court order to close down a worksite. Limits 
     OSHA's authority to issue ``notice of imminent danger'' to 72 
     hours unless OSHA obtains a court order. Requires OSHA to 
     conduct ``special emphasis'' programs, working with targeted 
     industry to address special safety or health issues.
       Section 12. Penalties. Creates a single civil penalty 
     structure, with higher penalties targeted at violations which 
     have caused death or serious injuries. Changes current 
     criminal violation from a misdemeanor to a felony, and 
     increases the degree of ``criminal intent'' required. 
     Codifies OSHA policy regarding sharing of information with 
     victims and family members of victims. Allows OSHA to issue 
     warnings in lieu of penalties.
       Section 13. State Programs. Requires states to conform 
     labeling, content and hazard information to federal 
     requirements. Provides that OSHA's oversight of state 
     programs will be based on comparisons to federal enforcement 
     rather than arbitrary benchmarks. Allows OSHA to grant 
     waivers to states for alternative programs and approaches.
       Section 14. NIOSH. Transfers NIOSH to the Department of 
     Labor.
       Section 15. Prevention of Alcohol and Substance Abuse. 
     Requires OSHA to establish uniform federal standards for 
     workplace drug and alcohol testing.
       Section 16. Cost Effectiveness Studies. Requires OSHA to 
     contract for studies on the cost effectiveness of standards, 
     and authorizes $2 million per year for such studies.

                          ____________________