[Congressional Record Volume 151, Number 33 (Thursday, March 17, 2005)]
[Senate]
[Pages S3054-S3055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER:
  S. 668. A bill to provide enhanced criminal penalties for willful 
violations of occupational standards for asbestos; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. SPECTER. Mr. President, today I rise to introduce the ``Asbestos 
Standards Enforcement Act.'' This legislation provides for enhanced 
criminal penalties for willful violations of occupational standards for 
asbestos.
  Currently, the Occupational Safety and Health Act provides for 
criminal sanctions only in those cases where a willful violation of 
standards results in the death of a worker. This circumstance is not 
likely to occur when an employer is cited for an asbestos violation, 
due to the long latency of the disease, and the fact that the 
Occupational Safety and Health Administration is required to issue 
citations within six months after inspectors find workplace violations.
  This legislation would subject employers who willfully violate OSHA 
asbestos standards to fines at levels set by the Uniform Criminal Code, 
as well as imprisonment of up to five years, or both. If the conviction 
is for a violation committed after a first conviction, this legislation 
would provide punishment by penalties in accordance with the Uniform 
Criminal Code, imprisonment for not more than ten years, or both.
  Strong enforcement actions against parties that violate OSHA asbestos 
rules are necessary to avoid putting workers and the public at risk of 
asbestos related diseases. I have incorporated these strong measures in 
my discussion draft of the ``Fairness in Asbestos Injury Resolution 
Act.'' While that legislation is being considered, there is no reason 
not to proceed with OSHA legislation that would come before the Senate 
Health, Education, Labor, and Pension Committee.
  There are still egregious practices by employers, particularly when 
it comes to asbestos abatement, that must be stopped. In a recent case, 
owners of an asbestos removal firm were convicted of exposing hundreds 
of workers to such high levels of asbestos that many of these workers 
are almost certain to contract asbestosis, lung cancers, and 
mesothelioma. Yet this case involved criminal prosecution under 
environmental laws because the OSHA Act does not contain sufficient 
authority for criminal prosecution in such cases. In many other 
asbestos cases, it may not be possible to successfully apply 
environmental laws to protect workers. The bill I am introducing today 
would permit criminal prosecution directly under the OSHA Act, the law 
that is supposed to protect safety and health

[[Page S3055]]

in the workplace. I urge the Senate to pass this legislation.
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