[Congressional Record Volume 141, Number 183 (Friday, November 17, 1995)]
[Senate]
[Pages S17344-S17348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG (for himself, Mrs. Kassebaum, Mr. Nunn, Mr. 
        Jeffords, and Mr. Gorton):
  S. 1423. A bill to amend the Occupational Safety and Health Act of 
1970 to make modifications to certain provisions, and for other 
purposes; to the Committee on Labor and Human Resources.


     the occupational safety and health reform and reinvention act

 Mr. GREGG. Mr. President, I am pleased to be joined by 
Senators Kassebaum, Nunn, Gorton, and Jeffords in introducing the 
Occupational Safety and Health Reform and Reinvention Act. Let me say 
at the outset that in proposing and considering OSHA reform, worker 
safety was our first concern. I am firmly committed to ensuring a safe 
and healthy workplace and will not support legislation which puts that 
in jeopardy. I believe in this bill that we have accomplished true OSHA 
reform without compromising the safety of our workers in any way.
  Throughout my career in public office, I have worked to make 
Government more efficient and more user and consumer friendly. Federal 
Government agencies have grown so large and become so bureaucratic that 
they are often not providing the kinds of services and proper oversight 
that was originally intended when they were created. Too often 
Government carries a heavy stick, but no carrot, when it interacts with 
individual citizens and businesses throughout our country.
  I believe that it is high time we take a close look at how we can 
improve the way Government works and, at the same time, provide 
incentives for the private sector to act more responsibly. Americans 
will be better served in a climate where people in Government, and in 
business, can work together to solve problems in a spirit of 
cooperation, rather than in an atmosphere strictly of threats, 
intimidation, and punitive measures.

[[Page S 17345]]

  When OSHA was enacted, its intended purpose was to make the workplace 
free from ``recognized hazards that are causing, or likely to cause 
death or serious physical harm to . . . employees.'' As is the case 
with many programs established by Congress over the years, OSHA has 
developed a well-earned reputation for over-regulation. OSHA has moved 
from its original purpose of protecting workers to hindering businesses 
with excessive mandates.
  While I feel that much of the problem within OSHA is of a cultural 
nature, the bill we are introducing today will concentrate on relieving 
OSHA's oppressive and burdensome regulations, thereby removing a 
feeling among American employers and employees that OSHA is the ``bad 
cop.'' Our legislation puts in place partnerships for assuring safety 
and health in the workplace.
  This balanced approach will include a consultation program, voluntary 
compliance and third-party certification, employee involvement, 
warnings in lieu of citations for nonserious violations, and reduced 
penalties for nonserious violations. This legislation will use 
incentives, rather than penalties to enhance workplace safety. It will 
allow companies with ``clean'' safety records to implement their own 
health and safety programs.

  In closing, I would like to thank Senator Kassebaum on her leadership 
as chairman of the Labor and Human Resources Committee. Without her 
dedication and hard work this legislation would not be possible. I 
would also like to thank Senator Nunn, Senator Jeffords, and Senator 
Gorton. They both have been instrumental in the drafting of this 
important legislation. I look forward to working with them and the 
members of the Labor Committee on continuing to bring this legislation 
to fruition.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1423

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCE.

       (a) Short Title.--This Act may be cited as the 
     ``Occupational Safety and Health Reform and Reinvention 
     Act''.
       (b) Reference.--Whenever in this Act an amendment or repeal 
     is expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
     seq.).

     SEC. 2. EMPLOYEE PARTICIPATION.

       Section 4 (29 U.S.C. 653) is amended by adding at the end 
     the following new subsection:
       ``(c) In order to carry out the purpose of this Act to 
     encourage employers and employees in their efforts to reduce 
     the number of occupational safety and health hazards, an 
     employee participation program--
       ``(1) in which employees participate;
       ``(2) which exists for the purpose, in whole or in part, of 
     dealing with employees concerning safe and healthful working 
     conditions; and
       ``(3) which does not have, claim, or seek authority to 
     negotiate or enter into collective bargaining agreements with 
     the employer or to amend existing collective bargaining 
     agreements between the employer and any labor organization,

     shall not constitute a `labor organization' for purposes of 
     section 8(a)(2) of the National Labor Relations Act (29 
     U.S.C. 158(a)(2)) or a representative for purposes of 
     sections 1 and 2 of the Railway Labor Act (45 U.S.C. 151 and 
     151a). Nothing in this section shall be construed to affect 
     employer obligations under section 8(a)(5) of the National 
     Labor Relations Act (29 U.S.C. 158(a)(5)) to deal with a 
     certified or recognized employee representative with respect 
     to health and safety matters to the extent otherwise required 
     by law.''.

     SEC. 3. INSPECTIONS.

       (a) Training and Authority of Secretary.--Section 8 (29 
     U.S.C. 657) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by adding after subsection (f) the following new 
     subsection:
       ``(g)(1) Except as provided in paragraph (2), the Secretary 
     shall not conduct routine inspections of, or enforce any 
     standard, rule, regulation, or order under this Act with 
     respect to--
       ``(A) any person who is engaged in a farming operation that 
     does not maintain a temporary labor camp and that employs 10 
     or fewer employees; or
       ``(B) any employer of not more than 10 employees if such 
     employer is included within a category of employers having an 
     occupational injury or a lost workday case rate (determined 
     under the Standard Industrial Classification Code for which 
     such data are published) that is less than the national 
     average rate as most recently published by the Secretary 
     acting through the Bureau of Labor Statistics under section 
     24.
       ``(2) In the case of persons who are not engaged in farming 
     operations, paragraph (1) shall not be construed to prevent 
     the Secretary from--
       ``(A) providing consultations, technical assistance, and 
     educational and training services and conducting surveys and 
     studies under this Act;
       ``(B) conducting inspections or investigations in response 
     to complaints of employees, issuing citations for violations 
     of this Act found during such inspections, and assessing a 
     penalty for violations that are not corrected within a 
     reasonable abatement period;
       ``(C) taking any action authorized by this Act with respect 
     to imminent dangers;
       ``(D) taking any action authorized by this Act with respect 
     to a report of an employment accident that is fatal to at 
     least one employee or that results in the hospitalization of 
     at least three employees, and taking any action pursuant to 
     an investigation conducted with respect to such report; and
       ``(E) taking any action authorized by this Act with respect 
     to complaints of discrimination against employees for 
     exercising their rights under this Act.''.
       (b) Inspections Based on Employee Complaints.--Section 8(f) 
     (29 U.S.C. 657(f)) is amended to read as follows:
       ``(f)(1)(A) An employee or representative of an employee 
     who believes that a violation of a safety or health standard 
     exists that threatens physical harm, or that an imminent 
     danger exists, may request an inspection by providing notice 
     of the violation or danger to the Secretary or an authorized 
     representative of the Secretary.
       ``(B) Notice under subparagraph (A) shall be reduced to 
     writing, shall set forth with reasonable particularity the 
     grounds for the notice, and shall state whether the alleged 
     violation or danger has been brought to the attention of the 
     employer and if so, whether the employer has refused to take 
     any action to correct the alleged violation or danger.
       ``(C)(i) The notice under subparagraph (A) shall be signed 
     by the employees or representative of employees and a copy 
     shall be provided to the employer or the agent of the 
     employer not later than the time of arrival of an 
     occupational safety and health agency inspector to conduct 
     the inspection.
       ``(ii) Upon the request of the person providing the notice 
     under subparagraph (A), the name of the person and the names 
     of individual employees referred to in the notice shall not 
     appear in the copy of the notice or on any record published, 
     released, or made available pursuant to subsection (i), 
     except that the Secretary may disclose this information 
     during prehearing discovery in a contested case.
       ``(D) The Secretary may only make an inspection under this 
     section if such an inspection is requested by an employee or 
     a representative of employees.
       ``(E)(i) If, upon receipt of the notice under subparagraph 
     (A), the Secretary determines that there are reasonable 
     grounds to believe the violation or danger exists, the 
     Secretary may conduct a special inspection in accordance with 
     this section as soon as practicable. Except as provided in 
     clause (ii), the special inspection shall be conducted for 
     the limited purpose of determining whether the violation or 
     danger exists.
       ``(ii) During a special inspection described in clause (i), 
     the Secretary may take appropriate actions with respect to 
     health and safety violations that are not within the scope of 
     the inspection and that are observed by the Secretary or an 
     authorized representative of the Secretary during the 
     inspection.
       ``(2) If the Secretary determines either before, or as a 
     result of, an inspection that there are not reasonable 
     grounds to believe a violation or danger exists, the 
     Secretary shall notify the complaining employee or employee 
     representative of the determination and, upon request by the 
     employee or employee representative, shall provide a written 
     statement of the reasons for the Secretary's final 
     disposition of the case.
       ``(3) The Secretary or an authorized representative of the 
     Secretary may, as a method of investigating an alleged 
     violation or danger under this section, attempt, if feasible, 
     to contact an employer by telephone, facsimile, or other 
     appropriate methods to determine whether--
       ``(A) the employer has taken corrective actions with 
     respect to the alleged violation or danger; or
       ``(B) there are reasonable grounds to believe that a hazard 
     exists.
       ``(4) The Secretary is not required to conduct a special 
     inspection under this subsection if the Secretary determines 
     that a request for a special inspection was made for reasons 
     other than the safety and health of the employees of an 
     employer or that the employees of an employer are not at 
     risk.''.

     SEC. 4. WORKSITE-BASED INITIATIVES.

       (a) Program.--The Act (29 U.S.C. 651 et seq.) is amended by 
     inserting after section 8 the following new section:

     ``SEC. 8A. HEALTH AND SAFETY REINVENTION INITIATIVES.

       ``(a) In General.--The Secretary shall establish a program 
     to encourage voluntary employer and employee efforts to 
     provide safe and healthful working conditions.
       ``(b) Exemption.--In establishing a program under 
     subsection (a), the Secretary 

[[Page S 17346]]
     shall, in accordance with subsection (c), provide an exemption from all 
     safety and health inspections and investigations for a place 
     of employment maintained by an employer participating in such 
     program, except that this subsection shall not apply to 
     inspections and investigations conducted for the purpose of--
       ``(1) determining the cause of a workplace accident that 
     resulted in the death of one or more employees or the 
     hospitalization of three or more employees; or
       ``(2) responding to a request for an inspection pursuant to 
     section 8(f)(1).
       ``(c) Exemption Requirements.--To qualify for an exemption 
     under subsection (b), an employer shall provide to the 
     Secretary evidence that, with respect to the employer--
       ``(1) during the preceding year, the place of employment or 
     conditions of employment have been reviewed or inspected 
     under--
       ``(A) a consultation program provided by recipients of 
     grants under section 7(c)(1) or 23(g);
       ``(B) a certification or consultation program provided by 
     an insurance carrier or other private business entity 
     pursuant to a State program, law, or regulation if the person 
     conducting the review or inspection meets standards 
     established by, and is certified by, the Secretary; or
       ``(C) a workplace consultation program provided by a 
     qualified person certified by the Secretary for purposes of 
     providing such consultations,

     that includes a means of ensuring that serious hazards 
     identified in the consultation are corrected within an 
     appropriate time and that, where applicable, permits an 
     employee (of the employer) who is a representative of a 
     health and safety employee participation program to accompany 
     a consultant during a workplace inspection; or
       ``(2) the place of employment has an exemplary safety and 
     health record and the employer maintains a safety and health 
     program for the workplace that includes--
       ``(A) procedures for assessing hazards to the employer's 
     employees that are inherent to the employer's operations or 
     business;
       ``(B) procedures for correcting or controlling such hazards 
     in a timely manner based upon the severity of the hazard; and
       ``(C) an employee participation program that, at a 
     minimum--
       ``(i) includes regular consultation between the employer 
     and nonsupervisory employees regarding safety and health 
     issues;
       ``(ii) includes the opportunity for nonsupervisory 
     employees to make recommendations regarding hazards in the 
     workplace and to receive responses or to implement 
     improvements in response to such recommendations; and
       ``(iii) ensures that participating nonsupervisory employees 
     have training or expertise on safety and health issues 
     consistent with the responsibilities of such employees.
       ``(d) Model Program.--The Secretary shall publish and make 
     available to employers a model safety and health program that 
     if completed by the employer shall be considered to meet the 
     requirements for an exemption under this section.
       ``(e) Certification.--The Secretary may require that, to 
     claim the exemption under subsection (b), an employer provide 
     certification to the Secretary and notice to the employer's 
     employees of such eligibility. The Secretary may conduct 
     random audits of the records of employers to ensure against 
     falsification of the records by the employers.
       ``(f) Records.--Records of a safety and health inspection, 
     audit, or review that is conducted by an employer and that is 
     not conducted under a program described in subsection (a) 
     shall not be required to be disclosed to the Secretary 
     unless--
       ``(1) the Secretary is conducting an investigation 
     involving a fatality or a serious injury of an employee of 
     such employer; or
       ``(2) such employer has not taken measures to address 
     serious hazards in the workplace of the employer identified 
     during such inspection, audit, or review.''.
       (b) Definition.--Section 3 (29 U.S.C. 652) is amended by 
     adding at the end the following new paragraph:
       ``(15) The term `exemplary safety and health record' means 
     such record as the Secretary shall annually determine for 
     each industry. Such record shall include employers that have 
     had, in the most recent reporting period, no employee death 
     caused by occupational injury and fewer lost workdays due to 
     occupational injury and illness than the average for the 
     industry of which the employer is a part.''.

     SEC. 5. EMPLOYER DEFENSES.

       Section 9 (29 U.S.C. 658) is amended by adding at the end 
     the following new subsections:
       ``(d) No citation may be issued under subsection (a) to an 
     employer unless the employer knew, or with the exercise of 
     reasonable diligence would have known, of the presence of the 
     alleged violation. No citation shall be issued under 
     subsection (a) to an employer for an alleged violation of 
     section 5, any standard, rule, or order promulgated pursuant 
     to section 6, any other regulation promulgated under this 
     Act, or any other occupational safety and health standard, if 
     such employer demonstrates that--
       ``(1) employees of such employer have been provided with 
     the proper training and equipment to prevent such a 
     violation;
       ``(2) work rules designed to prevent such a violation have 
     been established and adequately communicated to employees by 
     such employer and the employer has taken reasonable measures 
     to discipline employees when violations of such work rules 
     have been discovered;
       ``(3) the failure of employees to observe work rules led to 
     the violation; and
       ``(4) reasonable steps have been taken by such employer to 
     discover any such violation.
       ``(e) A citation issued under subsection (a) to an employer 
     who violates the requirements of section 5, of any standard, 
     rule, or order promulgated pursuant to section 6, or any 
     other regulation promulgated under this Act shall be vacated 
     if such employer demonstrates that employees of such employer 
     were protected by alternative methods equally or more 
     protective of the employee's safety and health than those 
     required by such standard, rule, order, or regulation in the 
     factual circumstances underlying the citation.
       ``(f) Subsections (d) and (e) shall not be construed to 
     eliminate or modify other defenses that may exist to any 
     citation.''.

     SEC. 6. INSPECTION QUOTAS.

       Section 9 (29 U.S.C. 658), as amended by section 5, is 
     further amended by adding at the end thereof the following 
     new subsection:
       ``(g) The Secretary shall not establish any quota for any 
     subordinate within the Occupational Safety and Health 
     Administration (including any regional director, area 
     director, supervisor, or inspector) with respect to the 
     number of inspections conducted, citations issued, or 
     penalties collected.''.

     SEC. 7. WARNINGS IN LIEU OF CITATIONS.

       Subsection (a) of section 9 (29 U.S.C. 658(a)) is amended 
     to read as follows:
       ``(a)(1) Except as provided in paragraph (2), if, upon 
     inspection or investigation, the Secretary or an authorized 
     representative of the Secretary believes that an employer has 
     violated a requirement of section 5, of any regulation, rule, 
     or order promulgated pursuant to section 6, or of any 
     regulations prescribed pursuant to this Act, the Secretary 
     may with reasonable promptness issue a citation to the 
     employer. Each citation shall be in writing and shall 
     describe with particularity the nature of the violation, 
     including a reference to the provision of the Act, 
     regulation, rule, or order alleged to have been violated. The 
     citation shall fix a reasonable time for the abatement of the 
     violation.
       ``(2) The Secretary or the authorized representative of the 
     Secretary--
       ``(A) may issue a warning in lieu of a citation with 
     respect to a violation that has no significant relationship 
     to employee safety or health; and
       ``(B) may issue a warning in lieu of a citation in cases in 
     which an employer in good faith acts promptly to abate a 
     violation if the violation is not a willful or repeat 
     violation.
       ``(3) Nothing in this Act shall be construed as prohibiting 
     the Secretary or the authorized representative of the 
     Secretary from providing technical or compliance assistance 
     to an employer in correcting a violation discovered during an 
     inspection or investigation under this Act without issuing a 
     citation.''.

     SEC. 8. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS AND 
                   MITIGATING CIRCUMSTANCES.

       Section 17 (29 U.S.C. 666) is amended--
       (1) in subsection (c), by striking ``up to $7,000'' and 
     inserting ``not more than $100'';
       (2) in subsection (i), to read as follows:
       ``(i) Any employer who violates any of the posting or 
     paperwork requirements other than serious or fraudulent 
     reporting requirement deficiencies, prescribed under this Act 
     shall not be assessed a civil penalty for such violation 
     unless it is determined that the employer has violated 
     subsection (a) or (d) with respect to such posting or 
     paperwork requirements.''; and
       (3) in subsection (j), to read as follows:
       ``(j)(1) The Commission shall have authority to assess all 
     civil penalties under this section. In assessing a penalty 
     under this section, the Commission shall give due 
     consideration to the appropriateness of the penalty with 
     respect to--
       ``(A) the size of the employer;
       ``(B) the number of employees exposed to the violation;
       ``(C) the likely severity of any injuries directly 
     resulting from such violation;
       ``(D) the probability that the violation could result in 
     injury or illness;
       ``(E) the employer's good faith in correcting the violation 
     after the violation has been identified;
       ``(F) the extent to which employee misconduct was 
     responsible for the violation;
       ``(G) the effect of the penalty on the employer's ability 
     to stay in business;
       ``(H) the history of previous violations; and
       ``(I) whether the violation is the sole result of the 
     failure to meet a requirement, under this Act or prescribed 
     by regulation, with respect to the posting of notices, the 
     preparation or maintenance of occupational safety and health 
     records, or the preparation, maintenance, or submission of 
     any written information.
       ``(2)(A) A penalty assessed under this section shall be 
     reduced by at least 25 percent in any case in which the 
     employer--
       ``(i) maintains a safety and health program described in 
     section 8A(a) for the worksite at which the violation (for 
     which the penalty was assessed) took place; or
       ``(ii) demonstrates that the worksite at which the 
     violation (for which the penalty was assessed) took place has 
     an exemplary safety record.


[[Page S 17347]]

     If the employer maintains a program described in clause (i) 
     and has the record described in clause (ii), the penalty 
     shall be reduced by at least 50 percent.
       ``(B) A penalty assessed against an employer for a 
     violation other than a violation that--
       ``(i) has been previously cited by the Secretary;
       ``(ii) creates an imminent danger;
       ``(iii) has caused death; or
       ``(iv) has caused a serious incident,

     shall be reduced by at least 75 percent if the worksite at 
     which such violation occurred has been reviewed or inspected 
     under a program described in section 8A(c)(1) during the 1-
     year period before the date of the citation for such 
     violation, and such employer has complied with 
     recommendations to bring such employer into compliance within 
     a reasonable period of time.''.

     SEC. 9. CONSULTATION SERVICES.

       Section 21(c) (29 U.S.C. 671(c)) is amended--
       (1) by striking ``(c) The'' and inserting ``(c)(1) The''; 
     and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary shall, through the authority granted 
     under section 7(c) and paragraph (1), enter into cooperative 
     agreements with States for the provision of consultation 
     services by such States to employers concerning the provision 
     of safe and healthful working conditions. A State that has a 
     plan approved under section 18 shall be eligible to enter 
     into a cooperative agreement under this paragraph only if 
     such plan does not include provisions for federally funded 
     consultation to employers.
       ``(B)(i) Except as provided in clause (ii), the Secretary 
     shall reimburse a State that enters into a cooperative 
     agreement under subparagraph (A) in an amount that equals 90 
     percent of the costs incurred by the State under such 
     agreement.
       ``(ii) A State shall be fully reimbursed by the Secretary 
     for--
       ``(I) training approved by the Secretary for State staff 
     operating under a cooperative agreement; and
       ``(II) specified out-of-State travel expenses incurred by 
     such staff.
       ``(iii) A reimbursement paid to a State under this 
     subparagraph shall be limited to costs incurred by such State 
     for the provision of consultation services under this 
     paragraph and the costs described in clause (ii).
       ``(C) Notwithstanding any other provision of law, at least 
     15 percent of the total amount of funds appropriated for the 
     Occupational Safety and Health Administration for a fiscal 
     year shall be used for education, consultation, and outreach 
     efforts.''.

     SEC. 10. VOLUNTARY PROTECTION PROGRAMS.

       (a) Cooperative Agreements.--The Secretary of Labor shall 
     establish cooperative agreements 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) Voluntary Protection Program.--The Secretary of Labor 
     shall establish a voluntary protection program to encourage 
     the achievement of excellence in both the technical and 
     managerial protection of employees from occupational hazards 
     as follows:
       (1) Application.--Volunteers for 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 qualifications as the 
     Secretary of Labor may prescribe for participation in the 
     program.
       (2) 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 citations under the Occupational Safety 
     and Health Act of 1970, as amended, unless representatives of 
     the Secretary of Labor observe hazards for which no agreement 
     can be made to abate the hazards in a reasonable amount of 
     time.
       (3) Information.--Volunteers who are approved for 
     participation by the Secretary of Labor shall assure the 
     Secretary of Labor that information about their safety and 
     health program shall be made readily available to the 
     Secretary of Labor to share with employers.
       (4) Reevaluations.--Continued participation in the program 
     shall require periodic reevaluations by the Secretary of 
     Labor.
       (5) Exemptions.--A site with respect to which a program has 
     been approved shall during participation in the program be 
     exempt from inspections and certain paperwork requirements to 
     be determined by the Secretary of Labor, except inspections 
     or investigations arising from employee complaints, 
     fatalities, catastrophes, or significant toxic releases.
       (c) Annual Fee.--The Secretary of Labor may charge an 
     annual fee to participants in a voluntary protection program 
     described in subsection (b). The fee shall be in an amount 
     determined by the Secretary of Labor, and amounts collected 
     shall be deposited in the general treasury of the United 
     States.
 Mrs. KASSEBAUM. Mr. President, I join my colleagues, Senators 
Gregg, Nunn, Jeffords, and Gorton, in introducing the Occupational 
Safety and Health Reform and Reinvention Act of 1995. Senator Gregg has 
been instrumental in crafting this legislation, which is an important 
step toward revitalizing a troubled agency.
  As chairman of the Committee on Labor and Human Resources, I 
frequently hear that OSHA focuses too much on paperwork and is too 
quick to issue citations in spite of good faith compliance efforts. 
Despite these criticisms, I remain committed to a strong OSHA program 
and will not compromise workplace safety.
  Mr. President, as committed as I am to this issue, we also must 
recognize that a great deal has changed since Congress first enacted 
the Occupational Safety and Health [OSH] Act in 1970. We have learned 
that although strong enforcement is important, we do not need a one-
size-fits-all OSHA enforcement policy. Most employers agree that safety 
makes good business sense, so we should not treat all employers the 
same way. We also have watched the Labor Department become preoccupied 
with paperwork rather than real safety hazards, and that needs to be 
changed.
  Mr. President, this OSHA reform bill will refocus OSHA on its primary 
mission, which is to improve the health and safety of American workers. 
It also requires OSHA to differentiate among employers based on their 
commitment to workplace safety.
  The legislation we introduce today provides positive incentives for 
employers to comply with the law. As a result, OSHA's limited resources 
will focus on the most dangerous work sites. Rather than offering more 
mandates and punitive sanctions, this bill rewards employers that 
establish effective health and safety programs or that utilize 
certified, private sector safety and health professionals by exempting 
these employers from regular, programmed OSHA inspections.
  In this way, OSHA may concentrate its efforts on the most dangerous 
workplaces. OSHA must use its resources efficiently.
  In addition, the bill reduces penalties for paperwork and other 
nonserious violations. OSHA must concentrate on serious hazards and not 
on posting requirements and paperwork.
  Mr. President, the administration has already endorsed many of the 
reforms in this proposal in their Reinventing Government report. I 
applaud those efforts and will assist the Labor Department as we move 
toward our common goal of improved safety.
  Mr. President, this legislation is long overdue, and I urge my 
colleagues to support it.
 Mr. NUNN. Mr. President, I would like to join my colleagues 
Senators Kassebaum, Gregg, and Gorton in introducing legislation to 
reform the Occupational Safety and Health Administration [OSHA].
  As my colleagues know, OSHA is one of the most frequently criticized 
agencies in the Federal Government. Recent polls show that OSHA ties 
with the Internal Revenue Service as the Federal agency which causes 
the most dissatisfaction among Americans. While everyone agrees that 
Government has a responsibility to help ensure safe and healthy 
workplaces, OSHA's reputation in this area is one of inefficient 
methods of promoting workplace safety that often alienate businesses 
and workers alike.
  I understand that some in Congress favor abolishing the agency 
entirely in order to remove the expensive and bureaucratic compliance 
burdens from business. Others favor maintaining the status quo or would 
have OSHA impose stiffer penalties and more specific requirements on 
businesses in order to coerce greater levels of workplace safety. I do 
not agree with any of these approaches. Instead, I am pleased to join 
my colleagues in crafting a common-sense approach which addresses past 
problems and keeps OSHA as a viable agency that is more responsive to 
the needs of business and more efficient in protecting workers.
  The bill has two main thrusts. The first is to rebalance the focus of 
OSHA away from solely the ``stick'' method of ensuring compliance which 
consists of stiff fines and to-the-letter enforcement of rules. 
Instead, we attempt to codify and extend OSHA's ongoing efforts to 
shift toward the ``carrot'' method, which rewards companies making 
successful, good-faith efforts at maintaining and improving safety in 

[[Page S 17348]]
the workplace. The enforcement authority available to OSHA would still 
remain, however OSHA would be able to utilize other tools to improve 
workplace safety.
  The second thrust of the bill is to make OSHA's operations more 
efficient. Studies have shown that many sites of serious workplace 
accidents have not been inspected by federal OSHA inspectors for 
several years prior to the accident. The studies showed that this 
problem is due in part to a shortage of inspectors and a mandate that 
OSHA follow up all complaints, no matter how minor. This proposed 
legislation would allow OSHA greater flexibility in allocating its 
resources so it can give the most serious workplace problems its 
highest priority.
  Mr. President, this bill, like all other legislative proposals, needs 
careful examination and can be approved. I am confident, however, that 
this proposal represents a good start to addressing the problems that 
affect this agency. I look forward to working with my colleague from 
Kansas, Senator Kassebaum, my colleague from New Hampshire, Senator 
Gregg, and my colleague from Washington, Senator Gorton at perfecting 
the measure, and I encourage our other Senate Colleagues to join with 
us in this process.

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