[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Extensions of Remarks]
[Pages E2226-E2227]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         INTRODUCTION OF ``THE OSHA COMPLIANCE ASSISTANCE ACT''

                                 ______
                                 

                          HON. CASS BALLENGER

                           of north carolina

                    in the house of representatives

                        Friday, November 7, 1997

  Mr. BALLENGER. Mr. Speaker, today I am introducing legislation to 
codify the Occupational Safety and Health Administration's [OSHA] 
consultation program. This is one in a series of bills which are 
intended to continue the process of changing OSHA.
  More than 2 years ago, President Clinton, in response to our demands 
for changes in OSHA, promised to ``reinvent'' OSHA. One of the 
principal changes in that promised reinvention was ``to give employers 
a choice between partnership with OSHA or traditional enforcement.''
  Unfortunately, OSHA's principal initiative for giving employers a 
choice, the so-called cooperative compliance programs has evolved into 
a program of targeted enforcement, as even OSHA now acknowledges.
  In contrast, there are programs, operated by the States, which do 
give employers the choice of partnership or traditional enforcement. 
These relatively small programs have received some Federal funding 
since the 1970's. However, authorization for such consultation programs 
has never been made a part of the OSHAct, and, not incidentally, 
consultation has been one of the most underfunded and frequently 
ignored aspects of OSHA's program. In some states, an employer who 
requests consultation assistance must wait more than 1 year, sometimes 
2 years, to receive it.
  The lack of funding and recognition for the consultation and 
education programs is in contrast to their recognized importance toward 
meeting the goal of safer workplaces. In fact, in 1996 the $32 million 
appropriated for consultation programs allowed States to conduct 
approximately 24,000 consultation visits, while the same number of 
Federal enforcement inspections--24,000--cost OSHA over $120 million. 
My own company has participated in the North Carolina consultation 
program, and we have found that it truly is a way in which employers 
can work in partnership with OSHA and improve safety and health.
  My legislation is based on the program in North Carolina, which 
operates with a combination of Federal and State funds. As is the case 
with the existing Federal funding, under the bill States would receive 
grants to provide both on-site consultation and other education and 
training activities. Employers who requested an on-site consultation or 
audit would not be subject to fines unless they failed to correct 
violations. Employers who request an on-site consultation and do 
correct violations may be exempt from OSHA general schedule inspections 
for 1 year.
  The legislation specifies that not less than 90 percent of OSHA's 
compliance assistance funding should be used for the consultation

[[Page E2227]]

program. This provision is necessary because in the past 3 years OSHA 
has significantly increased its Federal compliance assistance budget, 
but without a corresponding increase in the consultation program. While 
I support additional funding for compliance assistance, I believe the 
funding should be directed to State consultation programs. The State 
grants were created because of the concern that Federal OSHA would not 
effectively administer a consultation program or maintain separation 
from enforcement. I believe that those concerns are still very 
relevant.
  Mr. Speaker, codification and implementation of an OSHA consultation 
program was one of the recommendations of the 1995 White House 
Conference on Small Business. The Clinton administration has also 
supported codification of an OSHA consultation program in the past, and 
I look forward to their support for this legislation, and hope that we 
will with bipartisan support finally establish consultation as an 
important function and activity in terms of the Federal Government's 
support for improved safety and health in the workplace.

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