[Congressional Record Volume 143, Number 69 (Thursday, May 22, 1997)]
[Senate]
[Page S5021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S5021]]
               SAFETY AND HEALTH ADVANCEMENT ACT OF 1997

 Mr. BURNS. Mr. President, as an original cosponsor of S. 765 I 
want to stress the importance of this measure and urge my colleagues to 
support its passage.
  Mr. President, the Safety and Health Advancement Act is based on one 
simple premise: The Occupational Safety and Health Administration 
[OSHA] can be more effective at ensuring safe working environments by 
working with businesses than by waiting for violations to occur and 
then issuing fines. The purpose of this bill is to refocus OSHA's 
mission from enforcement to consultation, without putting a 
straightjacket on its ability to enforce when required.
  S. 765 takes a number of important steps to help small business 
comply with OSHA standards. First, it establishes a third-party review 
process whereby a licensed auditor may consult with businesses and 
certify that the are in compliance with applicable OSHA standards. If 
certified, the business will be exempt for 2 years from any civil 
penalty prescribed by the OSH Act.
  Second, S. 765 broadens the technical assistance program run by the 
States and OSHA. Under this program, the Montana Safety Bureau, with 
assistance from OSHA, consults with businesses and helps them meet OSHA 
standards. If in compliance, the business is exempt from general 
inspections for 2 years. This is a good program, but it is not widely 
used and it is underfunded, especially in Montana. S. 765 expands and 
makes permanent this assistance program.
  Third, this bill writes into law OSHA's Voluntary Protection Program 
and requires the Secretary of Labor to encourage small businesses to 
use the program. If a business applies under the program and is 
certified as safe, it is exempt from inspections and certain paperwork 
requirements. Only 300 employers are currently in this program, but I 
know of plenty of small businesses that would qualify.
  Finally, this bill requires OSHA to submit all proposed standards to 
the National Academy of Sciences for review and comments, and bars OSHA 
from using quotas for inspections, citations, or penalties.
  Mr. President, I will soon be chairing a Small Business Committee 
field hearing in Montana to hear from small businesses how Federal and 
State regulations adversely affect them. The loudest complaints I will 
hear will be about OSHA and its heavy-handed enforcement policies. As a 
former small businessman, I know that working with small businesses to 
help them comply with OSHA standards will have better results than 
enforcement alone. By encouraging compliance, workplaces will be safer 
and workers will be better off.

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