[Congressional Record Volume 151, Number 154 (Friday, November 18, 2005)]
[Senate]
[Pages S13370-S13376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENZI (for himself, Mrs. Murray, Mr. Isakson, Mr. Burr, Mr. 
        Sessions, and Mr. Gregg):
  S. 2067. A bill to assist chemical manufacturers and importers in 
preparing material safety data sheets pursuant to the requirements of 
the Hazard Communication standard and to establish a Commission to 
study and make recommendations regarding the implementation of the 
Globally Harmonized System of Classification and Labeling of Chemicals; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. ENZI. Mr. President, I am pleased today to announce the 
introduction of legislation designed to improve our workplace health 
and safety. The Senate Committee on Health, Education, Labor and 
Pensions, that I Chair, has a broad range of responsibilities. None of 
them is more important than the oversight of our occupational safety 
and health laws.
  In the past decade or so we have witnessed steady progress toward 
safer and healthier workplaces. For example, in 1992, approximately 9 
out of every 100 American workers suffered a workplace injury. By 2003, 
that injury rate had been cut nearly in half. Over the same period we 
have seen more than a 20 percent decline in the annual rate of 
fatalities from workplace injuries.
  As encouraging as this progress is, however, it should not be cause 
for anyone to become complacent. The number of work-related deaths and 
injuries remains unacceptably high. For example, last year, despite the 
efforts of all concerned, some 4.4 million workers suffered work-
related injuries, with 1.3 million of those injuries involving lost 
work days. Such workplace injuries continue to bring hardship to 
employees and their families and to impose significant burdens on our 
economy. We need to continue our efforts to improve workplace safety.
  If we are to be successful in our efforts we must be prepared to cast 
aside old assumptions, be willing to embrace new ideas, and be candid 
enough to agree on some fundamental realities. First among these 
realities is that the overwhelming number of employers are concerned 
about the welfare of their employees and are fully prepared to comply 
with laws aimed at enhancing their safety on the job. The notion that 
employers care little about worker safety, or are prepared to sacrifice 
worker health in the pursuit of higher profits is a dangerously 
inaccurate myth. It is dangerous because it promotes and perpetuates an 
adversarial relationship between employers and government safety 
agencies at the very time that we need precisely the opposite. 
Cooperation, not confrontation is essential in making our workplaces 
safer.
  It is fortunate that most employers want to do the right thing since 
without the cooperation of the employer community there is little 
realistic hope of continuing to improve workplace safety. That is the 
second fundamental reality we must accept. Where the vast majority of 
employers are committed to establishing and maintaining a safe 
workplace, it makes little sense to perpetuate a system built largely 
on a system of inspections and sanctions. Any system aimed at fostering 
workplace safety that relies principally on such measures is not only 
improperly focused; it cannot, as a practical matter, even hope to 
achieve its intended goal.
  Simple mathematics makes it clear that we cannot inspect or sanction 
our way to greater job safety. Today, the total number of OSHA 
inspectors, including those employed by the states, as well as those 
employed by the Federal Government, is less than 2,400. Each of these 
individuals conducts an average of about 40 inspections a year. In 
other words, there will be less than 100,000 work sites inspected by 
State and Federal OSHA combined in any given year. At the present time, 
there are well over seven million worksites in the United States. At 
current inspection rates, we would need nearly 170,000 OSHA inspectors 
in order to inspect all U.S. work sites just once a year. In addition, 
since most industrial accidents occur in a split second, and since many 
are caused by unsafe acts rather than unsafe conditions, even an army 
of inspectors could not adequately address the issue.

  It is my view that any practical approach to addressing the issue of 
workplace safety must recognize these realities and be designed to 
encourage and assist employers in achieving this end--not merely punish 
them for failing to do so. For these reasons, the legislation that I 
have introduced today contains a number of provisions designed to 
enhance voluntary compliance, and to provide technical assistance to 
the vast majority of employers that strive every day to ensure the 
health and safety of their employees. Thus, these bills contain 
provisions that encourage employers to engage the services of highly 
qualified third-party safety consultants to assist them in creating 
safer workplaces. The legislation also seeks to extend the benefits of 
such worthwhile initiatives as the current Voluntary Protection Plan to 
smaller employers; and it increases the level of government outreach 
and technical help to employers seeking assistance in making their 
workplaces safer. It also provides for increased training of OSHA 
personnel and fosters a greater understanding of specific workplace

[[Page S13371]]

safety issues through a unique cross- training and exchange program 
between OSHA and the business community. These last two initiatives are 
predicated on the common sense notion that the more we know and the 
more we collaborate toward a common goal, the more likely it is that we 
will achieve the desired result.
  While I believe that the interests of workplace safety compel us to 
dramatically increase our efforts at encouraging voluntary compliance, 
we cannot be unmindful that the Occupational Safety and Health Act is a 
regulatory statute; and that, like all regulation, there are points at 
which the process becomes adversarial. I certainly believe there should 
be a less adversarial process, however, when it does occur I believe it 
needs to be fair and regular. In the regulatory context, the power and 
resources of the Federal Government can be overwhelming, particularly 
to small businesses. We need to make sure that the adversarial playing 
field is a level one, and that the legitimate expectations of fairness 
and regularity of process are adequately met. For this reason, the 
bills which I have introduced today contain a number of provisions 
aimed at ensuring this result. Thus, the bill provides for the recovery 
of attorney's fees by small businesses that prevail in litigation 
against the government in an OSHA claim, and codifies procedural 
flexibility and fairness in the issuance and processing of disputed 
claims. The legislation also recognizes that no one, least of all 
employees, are well served by lengthy delays in the resolution of 
contested claims by increasing the size of the Review Commission and 
making additional changes designed to insure the issuance of more 
timely decisions. The legislation also returns the Review Commission to 
the status of a fully independent adjudicatory body as envisioned in 
the original OSHA legislation by insuring that its decisions are 
accorded appropriate legal deference. The legislation also injects some 
much needed flexibility into the administration and enforcement of the 
statute by permitting the use of alternative, site-specific compliance 
methods, giving inspectors a degree of compliance discretion, and 
encouraging the prompt correction of certain non-serious violations.
  In addition to these changes that are based upon procedural and 
regulatory fairness, the legislation also contains provisions designed 
to address the root cause of many industrial injuries, and others aimed 
at bringing a much-needed measure of simplicity and uniformity to our 
workplace safety laws.
  In the first instance, for too long we have held the one-dimensional 
view that work conditions and employer practices are the principal, if 
not exclusive, factors in workplace safety. The reality is that unsafe 
individual behavior also has an extraordinary impact. For example, it 
is estimated that 47 percent of all serious workplace accidents, and 40 
percent of all workplace fatalities involve drugs or alcohol. Some 38 
to 50 percent of all workers' compensation claims are related to drug 
or alcohol abuse in the workplace. An industrial accident typically 
takes only a split second to occur. The safest conceivable conditions 
and systems can be rendered useless in that instant by an employee 
whose judgment or reactions are impaired.

  Apart from substance abuse, we also cannot ignore the fact that any 
employer's safety policies and procedures can be rendered useless 
whenever someone breaks the rules.
  If we are serious about workplace safety we have to understand that 
the employer is not the only factor in the equation. And, if we propose 
to achieve workplace safety solely by regulating employer conduct, then 
we fail to adequately address the entire issue. At a minimum, we need 
to provide employers some tools and encouragement to control the 
safety-related behavior of others. We cannot mandate that employers 
take disciplinary action against their employees who violate safety 
rules, but we can encourage them to enforce such rules appropriately 
and consistently. We likewise cannot compel employers to institute drug 
and alcohol testing programs, but we can remove the legal barriers to 
their doing so. Today's legislation, by codifying the third party 
misconduct defense, and authorizing the establishment of substance 
testing, provides exactly the type of tools and encouragement that are 
necessary.
  It may be the employer's workplace, but workplace safety is 
everybody's job. We need laws that reflect the fact that a safer 
workplace is everybody's responsibility. For this reason today's 
legislation also contains a provision that allows OSHA to issue 
citations and impose limited fines on employees that violate rules and 
procedures regarding the use of company-supplied personal protective 
equipment. As noted, the authority here, although limited, is 
nonetheless intended to make clear the notion that safety is 
everybody's responsibility.
  Lastly, our current law provides that employers must communicate 
workplace hazards to their employees. This is an important, and 
appropriate goal. ``Communication,'' however, requires the delivery of 
clear, and meaningful information to the recipient. Unfortunately, in 
many respects our hazard communication efforts have become so 
complicated that the complexity stands in the way of the original 
notion that employees need plain information about workplace hazards so 
that they can take adequate precautions to protect themselves. This 
process has become even more complicated by the globalization of our 
economy, and the fact that many hazardous substances routinely in use 
in our workplaces originate outside our borders. These are likewise 
realities that we must address, and that the legislation offered today 
does. Thus, the HazCom Simplification and Modernization Act that is a 
part of the legislative package introduced today provides for the 
simplification of current hazard communication standards and it creates 
a commission designed to review and make recommendations regarding the 
implementation of the global harmonization of chemical labeling, hazard 
communication and a variety of related issues. I am particularly proud 
of the fact that this bill is the product of considerable bi-partisan 
effort, and I am particularly pleased to have Senator Murray as its 
cosponsor. I am deeply grateful for all her efforts in bringing this 
legislation to this point.
  It is my belief that the three bills introduced today reflect the 
correct and balanced approach to the goal of increased work place 
safety that all of us want to achieve.
  I ask unanimous consent that the text of the bills be printed in the 
Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 2065

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

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This Act may be cited as the 
     ``Occupational Safety Partnership 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. PURPOSE.

       Section 2(b) of the Act (29 U.S.C. 651(b)) is amended--
       (1) in paragraph (13), by striking the period and inserting 
     ``; and''; and
       (2) by adding at the end the following:
       ``(14) by increasing the joint cooperation of employers, 
     employees, and the Secretary of Labor in the effort to ensure 
     safe and healthful working conditions for employees.''.

      SEC. 3. THIRD PARTY CONSULTATION SERVICES PROGRAM.

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

     ``SEC. 8A. THIRD PARTY CONSULTATION SERVICES PROGRAM.

       ``(a) Purpose.--It is the purpose of this section to 
     encourage employers to conduct voluntary safety and health 
     audits using the expertise of qualified safety and health 
     consultants and to proactively seek individualized solutions 
     to workplace safety and health concerns.
       ``(b) Establishment of Program.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this section, the Secretary shall establish 
     and implement, by regulation, a program that qualifies 
     individuals to provide consultation services to employers to 
     assist employers in the identification and correction of 
     safety and health hazards in the workplaces of employers.
       ``(2) Eligibility.--The following individuals shall be 
     eligible to be qualified under this program as certified 
     safety and health consultants:
       ``(A) An individual who is licensed by a State authority as 
     a physician, industrial hygienist, professional engineer, 
     safety engineer, safety professional, or registered nurse.

[[Page S13372]]

       ``(B) An individual who has been employed as an inspector 
     for a State plan State or as a Federal occupational safety 
     and health inspector for not less than a 5-year period.
       ``(C) An individual who is qualified in an occupational 
     health or safety field by an organization whose program has 
     been accredited by a nationally recognized private 
     accreditation organization or by the Secretary.
       ``(D) An individual who has not less than 10 years 
     experience in workplace safety and health.
       ``(E) Other individuals determined to be qualified by the 
     Secretary.
       ``(3) Geographical scope of consultation services.--A 
     consultant qualified under this program may provide 
     consultation services in any State.
       ``(4) Limitation based on expertise.--A consultant 
     qualified under this program may only provide consultation 
     services to an employer with respect to a worksite if the 
     work performed at that worksite coincides with the particular 
     expertise of the individual.
       ``(c) Safety and Health Registry.--The Secretary shall 
     develop and maintain a registry that includes all consultants 
     that are qualified under the program under subsection (b)(1) 
     to provide the consultation services described in subsection 
     (b) and shall publish and make such registry readily 
     available to the general public.
       ``(d) Disciplinary Actions.--The Secretary may revoke the 
     status of a consultant, or the participation of an employer 
     in the third party consultation program, if the Secretary 
     determines that the consultant or employer--
       ``(1) has failed to meet the requirements of the program; 
     or
       ``(2) has committed malfeasance, gross negligence, 
     collusion or fraud in connection with any consultation 
     services provided by the qualified consultant.
       ``(e) Program Requirements.--
       ``(1) General requirements.--The consultation services 
     described in subsection (b), and provided by a consultant 
     qualified under this program shall, at a minimum, consist of 
     the following elements:
       ``(A) A comprehensive, on-site, survey and audit of the 
     participating employer's workplace and operations by the 
     consultant.
       ``(B) The preparation of a consultation report by the 
     consultant.

     The Secretary may, by regulation, prescribe additional 
     requirements for qualifying services.
       ``(2) Consultation report.--
       ``(A) In general.--Following the consultant's physical 
     survey of the employer's workplace and operations, the 
     consultant shall prepare and deliver to the employer a 
     written report summarizing the consultant's health and safety 
     findings and recommendations. Such consultation report shall, 
     at a minimum, contain the following elements:
       ``(i) The findings of the consultant's health and safety 
     audit, and, where applicable, appropriate remedial 
     recommendations.
       ``(ii) A recommended health and safety program and an 
     action plan as described in this paragraph.

     The Secretary may, by regulation, prescribe additional 
     required elements for qualifying reports.
       ``(B) Audit and recommendations.--The consultation report 
     shall include an evaluation of the workplace of the 
     participating employer to determine if the employer is in 
     compliance with the requirements of this Act, including any 
     regulations promulgated pursuant to this Act. The report 
     shall identify any practice or condition the consultant 
     believes to be a violation of this Act, and will set out any 
     appropriate corrective measures to address such identified 
     practice or condition.
       ``(C) Safety and health program.--The consultation report 
     shall contain a recommended safety and health plan designed 
     to reduce injuries, illness, and fatalities and to otherwise 
     manage workplace health and safety. Such safety and health 
     program shall--
       ``(i) be appropriate to the conditions of the workplace 
     involved;
       ``(ii) be in writing, and contain policies, procedures, and 
     practices designed to recognize and protect employees from 
     occupational safety and health hazards, such procedures to 
     include provisions for the identification, evaluation, and 
     prevention or control of workplace hazards;
       ``(iii) be based upon the professional judgment of the 
     consultant and include such elements as are necessary to the 
     specific worksite involved as determined by the consultant 
     and employer;
       ``(iv) contain provisions for the periodic review and 
     modification of the program as circumstances warrant;
       ``(v) be developed and implemented with the participation 
     of affected employees;
       ``(vi) make provision for the effective safety and health 
     training of all personnel, and the dissemination of 
     appropriate health and safety information to all personnel; 
     and
       ``(vii) contain appropriate procedures for the reporting of 
     potential hazards, accidents and near accidents

     .The Secretary may, by regulation, prescribe additional 
     specific elements that may be required for any qualifying 
     program.
       ``(D) Action plan.--The consultation report shall also 
     contain a written action plan that shall--
       ``(i) outline the specific steps that must be accomplished 
     by the employer prior to receiving a certificate of 
     compliance;
       ``(ii) be established in consultation with the employer; 
     and
       ``(iii) address in detail--

       ``(I) the employer's correction of all identified safety 
     and health conditions or practices that are in violation of 
     this Act, with applicable timeframes; and
       ``(II) the steps necessary for the employer to implement an 
     effective safety and health program, with applicable 
     timeframes.

       ``(3) Certificate of compliance.--Upon completion of the 
     steps described in the Action Plan the qualified consultant 
     shall issue to the employer a Certificate of Compliance in a 
     form prescribed by the Secretary.
       ``(f) Exemption From Civil Penalties for Compliance.--
       ``(1) In general.--If an employer receives a certificate of 
     compliance, the employer shall be exempt from the assessment 
     of any civil penalty under section 17 for a period of 2 years 
     after the date on which the employer receives such 
     certificate.
       ``(2) Exceptions.--An employer shall not be exempt under 
     paragraph (1)--
       ``(A) if the employer has not made a good faith effort to 
     remain in compliance as required under the certificate of 
     compliance; or
       ``(B) if there has been a fundamental change in the hazards 
     of the workplace after the issuance of the certificate.
       ``(g) Right To Inspect.--Nothing in this section shall be 
     construed to affect the rights of the Secretary to inspect 
     and investigate worksites covered by a certificate of 
     compliance.
       ``(h) Renewal Requirements.--An employer that is granted a 
     certificate of compliance under this section may receive a 2 
     year renewal of the certificate if a qualified consultant 
     conducts a complete onsite safety and health survey to ensure 
     that the safety and health program has been effectively 
     maintained or improved, workplace hazards are under control, 
     and elements of the safety and health program are operating 
     effectively.
       ``(i) Non-Fixed Worksites.--With respect to employer 
     worksites that do not have a fixed location, a certificate of 
     compliance shall only apply to that worksite which satisfies 
     the criteria under this section and such certificate shall 
     not be portable to any other worksite. This section shall not 
     apply to employers that perform essentially the same work, 
     utilizing the same equipment, at each non-fixed worksite.
       ``(j) Access to Records.--Any records relating to 
     consultation services provided by an individual qualified 
     under this program, or records, reports, or other information 
     prepared in connection with safety and health inspections, 
     audits, or reviews conducted by or for an employer and not 
     required under this Act, shall not be admissible in a court 
     of law or administrative proceeding or enforcement proceeding 
     against the employer except that such records may be used as 
     evidence for purposes of a disciplinary action under 
     subsection (d).''.

      SEC. 4. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.

       The Act (29 U.S.C. 651 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 34. ALCOHOL AND SUBSTANCE ABUSE TESTING.

       ``(a) Program Purpose.--In order to secure a safe 
     workplace, employers may establish and carry out an alcohol 
     and substance abuse testing program in accordance with 
     subsection (b).
       ``(b) Federal Guidelines.--
       ``(1) Requirements.--An alcohol and substance abuse testing 
     program described in subsection (a) shall meet the following 
     requirements:
       ``(A) Substance abuse.--A substance abuse testing program 
     shall permit the use of onsite or offsite testing.
       ``(B) Alcohol.--The alcohol testing component of the 
     program shall take the form of alcohol breath analysis and 
     shall conform to any guidelines developed by the Secretary of 
     Transportation for alcohol testing of mass transit employees 
     under the Department of Transportation and Related Agencies 
     Appropriations Act, 1992.
       ``(2) Definition.--For purposes of this section the term 
     `alcohol and substance abuse testing program' means any 
     program under which test procedures are used to take and 
     analyze blood, breath, hair, urine, saliva, or other body 
     fluids or materials for the purpose of detecting the presence 
     or absence of alcohol or a drug or its metabolites. In the 
     case of urine testing, the confirmation tests must be 
     performed in accordance with the mandatory guidelines for 
     Federal workplace testing programs published by the 
     Secretary of Health and Human Services on April 11, 1988, 
     at section 11979 of title 53, Code of Federal Regulations 
     (including any amendments to such guidelines). Proper 
     laboratory protocols and procedures shall be used to 
     assure accuracy and fairness, and, laboratories must be 
     subject to the requirements of subpart B of the mandatory 
     guidelines, State certification, the Clinical Laboratory 
     Improvements Act of the College of American Pathologists.
       ``(c) Test Requirements.--This section shall not be 
     construed to prohibit an employer from requiring--
       ``(1) an applicant for employment to submit to and pass an 
     alcohol or substance abuse test before employment by the 
     employer; or
       ``(2) an employee, including managerial personnel, to 
     submit to and pass an alcohol or substance abuse test--
       ``(A) on a for-cause basis or where the employer has 
     reasonable suspicion to believe

[[Page S13373]]

     that such employee is using or is under the influence of 
     alcohol or a controlled substance;
       ``(B) where such test is administered as part of a 
     scheduled medical examination;
       ``(C) in the case of an accident or incident, involving the 
     actual or potential loss of human life, bodily injury, or 
     property damage;
       ``(D) during the participation of an employee in an alcohol 
     or substance abuse treatment program, and for a reasonable 
     period of time (not to exceed 5 years) after the conclusion 
     of such program; or
       ``(E) on a random selection basis in work units, locations, 
     or facilities.
       ``(d) Construction.--Nothing in this section shall be 
     construed to require an employer to establish an alcohol and 
     substance abuse testing program for applicants or employees 
     or make employment decisions based on such test results.
       ``(e) Preemption.--The provisions of this section shall 
     preempt any provision of State law to the extent that such 
     State law is inconsistent with this section.
       ``(f) Investigations.--The Secretary is authorized to 
     conduct testing of employees (including managerial personnel) 
     of an employer for use of alcohol or controlled substances 
     during any investigations of a work-related fatality or 
     serious injury. Such testing shall be done as soon as 
     practicable after the incident giving rise to such work-
     related fatality or serious injury.''.

      SEC. 5. VOLUNTARY PROTECTION PROGRAMS.

       (a) Cooperative Agreements.--The Secretary of Labor shall 
     establish cooperative agreements with employers 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.--
       (1) In general.--The Secretary of Labor shall establish and 
     carry out a voluntary protection program (consistent with 
     subsection (a)) to encourage excellence and recognize the 
     achievement of excellence in both the technical and 
     managerial protection of employees from occupational hazards.
       (2) Program requirement.--The voluntary protection program 
     shall include the following:
       (A) Application.--Employers who volunteer under 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 requirements as the 
     Secretary of Labor may require for participation in the 
     program.
       (B) 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 of citations under the Occupational 
     Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
       (C) Information.--Employers who are approved by the 
     Secretary of Labor for participation in the program shall 
     assure the Secretary of Labor that information about the 
     safety and health program shall be made readily available to 
     the Secretary of Labor to share with employees.
       (D) Reevaluations.--Periodic reevaluations by the Secretary 
     of Labor of the employers shall be required for continued 
     participation in the program.
       (3) Exemptions.--A site with respect to which a program has 
     been approved shall, during participation in the program be 
     exempt from inspections or investigations and certain 
     paperwork requirements to be determined by the Secretary of 
     Labor, except that this paragraph shall not apply to 
     inspections or investigations arising from employee 
     complaints, fatalities, catastrophes, or significant toxic 
     releases.

     SEC. 6. EXPANDED ACCESS TO VVP FOR SMALL BUSINESSES.

       The Secretary of Labor shall establish and implement, by 
     regulation, a program to increase participation by small 
     businesses (as the term is defined by the Administrator of 
     the Small Business Administration) in the voluntary 
     protection program through outreach and assistance 
     initiatives and the development of program requirements that 
     address the needs of small businesses.

      SEC. 7. TECHNICAL ASSISTANCE PROGRAM.

       (a) In General.--Section 21(c) of the Act (29 U.S.C. 
     670(c)) is amended--
       (1) by striking ``(c) The'' and inserting ``(c)(1) The'';
       (2) by striking ``(1) provide'' and inserting ``(A) 
     provide'';
       (3) by striking ``(2) consult'' and inserting ``(B) 
     consult''; and
       (4) by adding at the end the following:
       ``(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.
       ``(B)(i) 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 for the provision of 
     consultation services under such agreement.
       ``(ii) A State shall be reimbursed by the Secretary for 90 
     percent of the costs incurred by the State for the provision 
     of--
       ``(I) training approved by the Secretary for State 
     personnel operating under a cooperative agreement; and
       ``(II) specified out-of-State travel expenses incurred by 
     such personnel.
       ``(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).''.
       (b) Pilot Program.--Section 21 of the Act (29 U.S.C. 670) 
     is amended by adding at the end the following:
       ``(e)(1) Not later than 90 days after the date of enactment 
     of this subsection, the Secretary shall establish and carry 
     out a pilot program in 3 States to provide expedited 
     consultation services, with respect to the provision of safe 
     and healthful working conditions, to employers that are small 
     businesses (as the term is defined by the Administrator of 
     the Small Business Administration). The Secretary shall carry 
     out the program for a period not to exceed 2 years.
       ``(2) The Secretary shall provide consultation services 
     under paragraph (1) not later than 4 weeks after the date on 
     which the Secretary receives a request from an employer.
       ``(3) The Secretary may impose a nominal fee to an employer 
     requesting consultation services under paragraph (1). The fee 
     shall be in an amount determined by the Secretary. Employers 
     paying a fee shall receive priority consultation services by 
     the Secretary.
       ``(4) In lieu of issuing a citation under section 9 to an 
     employer for a violation found by the Secretary during a 
     consultation under paragraph (1), the Secretary shall permit 
     the employer to carry out corrective measures to correct the 
     conditions causing the violation. The Secretary shall conduct 
     not more than 2 visits to the workplace of the employer to 
     determine if the employer has carried out the corrective 
     measures. The Secretary shall issue a citation as prescribed 
     under section 5 if, after such visits, the employer has 
     failed to carry out the corrective measures.
       ``(5) Not later than 90 days after the termination of the 
     program under paragraph (1), the Secretary shall prepare and 
     submit a report to the appropriate committees of Congress 
     that contains an evaluation of the implementation of the 
     pilot program.''.

      SEC. 8. CONTINUING EDUCATION AND PROFESSIONAL CERTIFICATION 
                   FOR CERTAIN OCCUPATIONAL SAFETY AND HEALTH 
                   ADMINISTRATION PERSONNEL.

       Section 8 of the Act (29 U.S.C. 657) is amended by adding 
     at the end the following:
       ``(i) Any Federal employee responsible for enforcing this 
     Act shall, not later than 2 years after the date of enactment 
     of this subsection or 2 years after the initial employment of 
     the employee involved, meet the eligibility requirements 
     prescribed under subsection (b)(2) of section 8A.
       ``(j) The Secretary shall ensure that any Federal employee 
     responsible for enforcing this Act who carries out 
     inspections or investigations under this section, receive 
     professional education and training at least every 5 years as 
     prescribed by the Secretary.''.

     SEC. 9. OSHA AND INDUSTRY TRAINING EXCHANGE DEMONSTRATION 
                   PROGRAM.

       (a) In General.--The Secretary of Labor, acting through the 
     Occupational Safety and Health Administration, is authorized 
     to develop and implement at least one training and 
     educational exchange program with a specialty trade in the 
     construction industry for the purpose of--
       (1) facilitating the exchange of expertise and ideas 
     related to the interpretation, application, and 
     implementation of Federal occupational safety and health 
     standards and regulations applicable to the specialty trade 
     involved (referred to in this section as ``OSHA Rules'');
       (2) improving collaboration and coordination between the 
     Occupational Safety and Health Administration and such 
     specialty trade regarding OSHA Rules;
       (3) identifying OSHA Rules which the specialty trade and 
     Occupational Safety and Health Administration compliance 
     officers have repeatedly found to be difficult to interpret, 
     apply, or implement;
       (4) allowing qualified safety directors from the specialty 
     trade to train such compliance officers and others within the 
     Administration responsible for writing and interpreting OSHA 
     Rules, both on the jobsite and off, on the unique nature of 
     the specialty trade and the difficulties contractors and 
     safety directors encounter when attempting to comply with 
     OSHA Rules as well as the best practices within the specialty 
     trade;
       (5) seeking the means to ensure greater compliance with the 
     identified OSHA Rules, and reducing the number of citations 
     based on any misunderstanding by such compliance officers as 
     to the scope and application of an OSHA Rule or the unique 
     nature of the workplace construction; and
       (6) establishing within the Occupational Safety and Health 
     Administration Training Institute a trade-specific curriculum 
     to be taught jointly by qualified trade safety directors and 
     compliance officers.
       (b) Initial Program.--The initial training and educational 
     exchange program shall be established under subsection (a) 
     with the masonry construction industry.

[[Page S13374]]

       (c) Reports.--Upon the expiration of the 2-year program 
     under subsection (a), the Administrator of the Occupational 
     Safety and Health Administration, jointly with specialty 
     trades that participate in programs under such subsection, 
     shall prepare and submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Workforce of the House of 
     Representatives a report on the activities and results of the 
     training and educational exchange program.
       (d) Definition.--In this section, the term ``qualified 
     safety director'' means an individual who has, at a minimum, 
     taken the 10-hour Occupational Safety and Health 
     Administration course and been employed a minimum of 5 years 
     as a safety director in the construction industry.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated, such sums as may be necessary to carry 
     out this section.
       (f) Termination.--The programs established under subsection 
     (a) shall terminate on the date that is 2 years after the 
     date on which the first program is so established.

                                S. 2066

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

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This Act may be cited as the 
     ``Occupational Safety Fairness 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. WORKSITE-SPECIFIC COMPLIANCE METHODS.

       Section 9 of the Act (29 U.S.C. 658) is amended by adding 
     at the end the following:
       ``(d) A citation issued under subsection (a) to an employer 
     who violates section 5, any standard, rule, or order 
     promulgated pursuant to section 6, or any regulation 
     promulgated under this Act shall be vacated if such employer 
     demonstrates that the employees of such employer were 
     protected by alternative methods that are substantially 
     equivalent or more protective of the safety and health of the 
     employees than the methods required by such standard, rule, 
     order, or regulation in the factual circumstances underlying 
     the citation.
       ``(e) Subsection (d) shall not be construed to eliminate or 
     modify other defenses that may exist to any citation.''.

      SEC. 3. DISCRETIONARY COMPLIANCE ASSISTANCE.

       Subsection (a) of section 9 of the Act (29 U.S.C. 658(a)) 
     is amended--
       (1) by striking the last sentence;
       (2) by striking ``If, upon'' and inserting ``(1) If, 
     upon''; and
       (3) by adding at the end the following:
       ``(2) 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, as prescribed in this section.
       ``(3) 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 repeated 
     violation.''.

      SEC. 4. EXPANDED INSPECTION METHODS.

       (a) Purpose.--It is the purpose of this section to empower 
     the Secretary of Labor to achieve increased employer 
     compliance by using, at the Secretary's discretion, more 
     efficient and effective means for conducting inspections.
       (b) General.--Section 8(f) of the Act (29 U.S.C. 657(f) is 
     amended--
       (1) by adding at the end the following:
       ``(3) The Secretary or an authorized representative of the 
     Secretary may, as a method of investigating an alleged 
     violation or danger under this subsection, 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 an 
     inspection under this subsection if the Secretary believes 
     that a request for an 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. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.

       (a) Increase in Number of Members and Requirement for 
     Membership.--Section 12 of the Act (29 U.S.C. 661) is 
     amended--
       (1) in the second sentence of subsection (a)--
       (A) by striking ``three members'' and inserting ``five 
     members''; and
       (B) by inserting ``legal'' before ``training'';
       (2) in the first sentence of subsection (b), by striking 
     ``except that'' and all that follows through the period and 
     inserting the following: ``except that the President may 
     extend the term of a member for no more than 365 consecutive 
     days to allow a continuation in service at the pleasure of 
     the President after the expiration of the term of that member 
     until a successor nominated by the President has been 
     confirmed to serve. Any vacancy caused by the death, 
     resignation, or removal of a member before the expiration of 
     a term for which a member was appointed shall be filled only 
     for the remainder of such term.''; and
       (3) by striking subsection (f), and inserting the 
     following:
       ``(f) For purposes of carrying out its functions under this 
     Act, two members of the Commission shall constitute a quorum 
     and official action can be taken only on the affirmative vote 
     of at least a majority of the members participating but in no 
     case fewer than two.''.
       (b) New Positions.--Of the two vacancies for membership on 
     the Occupational Safety and Health Review Commission created 
     by subsection (a)(1)(A), one shall be appointed by the 
     President for a term expiring on April 27, 2009, and the 
     other shall be appointed by the President for a term expiring 
     on April 27, 2011.
       (c) Effective Date for Legal Training Requirement.--The 
     amendment made by subsection (a)(1)(B), requiring a member of 
     the Commission to be qualified by reason of a background in 
     legal training, shall apply beginning with the two vacancies 
     referred to in subsection (b) and all subsequent appointments 
     to the Commission.

     SEC. 6. AWARD OF ATTORNEYS' FEES AND COSTS.

       The Act (29 U.S.C. 651 et seq.) is amended by redesignating 
     sections 32, 33, and 34 as sections 33, 34, and 35, 
     respectively, and by inserting after section 31 the following 
     new section:


                  ``Award of attorneys' fees and costs

       ``Sec. 32.
       ``(a) Administrative Proceedings.--An employer who--
       ``(1) is the prevailing party in any adversary adjudication 
     instituted under this Act, and
       ``(2) had not more than 100 employees and a net worth of 
     not more than $7,000,000 at the time the adversary 
     adjudication was initiated,

     shall be awarded fees and other expenses as a prevailing 
     party under section 504 of title 5, United States Code, in 
     accordance with the provisions of that section, but without 
     regard to whether the position of the Secretary was 
     substantially justified or special circumstances make an 
     award unjust. For purposes of this section the term 
     `adversary adjudication' has the meaning given that term in 
     section 504(b)(1)(C) of title 5, United States Code.
       ``(b) Proceedings.--An employer who--
       ``(1) is the prevailing party in any proceeding for 
     judicial review of any action instituted under this Act, and
       ``(2) had not more than 100 employees and a net worth of 
     not more than $7,000,000 at the time the action addressed 
     under subsection (1) was filed,

     shall be awarded fees and other expenses as a prevailing 
     party under section 2412(d) of title 28, United States Code, 
     in accordance with the provisions of that section, but 
     without regard to whether the position of the United States 
     was substantially justified or special circumstances make an 
     award unjust. Any appeal of a determination of fees pursuant 
     to subsection (a) of this subsection shall be determined 
     without regard to whether the position of the United States 
     was substantially justified or special circumstances make an 
     award unjust.
       ``(c) Applicability.--
       ``(1) Commission proceedings.--Subsection (a) shall apply 
     to proceedings commenced on or after the date of enactment of 
     this section.
       ``(2) Court proceedings.--Subsection (b) shall apply to 
     proceedings for judicial review commenced on or after the 
     date of enactment of this section.''.

     SEC. 7. JUDICIAL DEFERENCE.

       Section 11(a) of the Act (29 U.S.C. 660(a)) is amended in 
     the sixth sentence by inserting before the period the 
     following: ``, and the conclusions of the Commission with 
     respect to questions of law that are subject to agency 
     deference under governing court precedent shall be given 
     deference if reasonable''.

     SEC. 8. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY 
                   AND HEALTH ACT OF 1970.

       (a) In General.--Section 10 of the Act (29 U.S.C. 659) is 
     amended--
       (1) in the second sentence of subsection (a), by inserting 
     after ``assessment of penalty'' the following: ``(unless such 
     failure results from mistake, inadvertence, surprise, or 
     excusable neglect)''; and
       (2) in the second sentence of subsection (b), by inserting 
     after ``assessment of penalty'' the following: ``(unless such 
     failure results from mistake, inadvertence, surprise, or 
     excusable neglect)''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to a citation or proposed assessment of penalty 
     issued by the Occupational Safety and Health Administration 
     that is issued on or after the date of the enactment of this 
     Act.

     SEC. 9. RIGHT TO CORRECT VIOLATIVE CONDITION.

       Section 9 of the Act (29 U.S.C. 658), as amended by section 
     2, is amended by adding at the end the following:
       ``(f) The Commission may not assess a penalty under section 
     17(c) for a non-serious violation that is not repeated or 
     willful if the

[[Page S13375]]

     employer corrects the violative condition and provides the 
     Secretary an abatement certification within 72 hours.''.

     SEC. 10. WRITTEN STATEMENT TO EMPLOYER FOLLOWING INSPECTION.

       Section 8 of the Act (29 U.S.C. 657) is amended by adding 
     at the end the following:
       ``(i) At the closing conference after the completion of an 
     inspection, the inspector shall--
       ``(1) inform the employer or a representative of the 
     employer of the right of such employer to request a written 
     statement described in paragraph (2); and
       ``(2) provide to the employer or a representative of the 
     employer, upon the request of such employer or 
     representative, with a written statement that clearly and 
     concisely provides the following information:
       ``(A) The results of the inspection, including each alleged 
     hazard, if any, and each citation that will be issued, if 
     any.
       ``(B) The right of the employer to contest a citation, a 
     penalty assessment, an amended citation, and an amended 
     penalty assessment.
       ``(C) An explanation of the procedure to follow in order to 
     contest a citation and a penalty assessment, including when 
     and where to contest a citation and the required contents of 
     the notice of intent to contest.
       ``(D) The Commission's responsibility to affirm, modify, or 
     vacate the citation and proposed penalty, if any.
       ``(E) The informal review process.
       ``(F) The procedures before the Occupational Safety and 
     Health Review Commission.
       ``(G) The right of the employer to seek judicial review.
       ``(j) No monetary penalty may be assessed with respect to 
     any violation not identified in the written statement 
     requested under subsection (i).''.

     SEC. 11. TIME PERIODS FOR ISSUING CITATIONS.

       Section--
       (1) 9(a) of the Act (29 U.S.C. 658(a)) is amended--
       (A) by striking ``upon inspection'' and inserting ``upon 
     the initiation of inspection'';
       (B) by striking ``with reasonable promptness'' and 
     inserting ``within thirty working days''; and
       (C) by inserting after the first sentence, the following: 
     ``Such 30 day period may be waived by the Secretary for good 
     cause shown, including, but not limited to, cases involving 
     death, novel issues, large or complex worksites, or pursuant 
     to an agreement by the parties to extend such period.''; and
       (2) 10(a) of the Act (29 U.S.C. 659(a)) is amended--
       (B) by striking ``within a reasonable time'' and inserting 
     ``within thirty days''; and
       (C) by inserting after the first sentence, the following: 
     ``Such 30 days period may be waived by the Secretary for good 
     cause shown, including, but not limited to, cases involving 
     death, novel issues, large or complex worksites, or pursuant 
     to an agreement by the parties to extend such period.''.

     SEC. 12. TIME PERIODS FOR CONTESTING CITATIONS.

       Section 10 of the Act (29 U.S.C. 659) is amended by 
     striking ``fifteen'' each place it appears and inserting 
     ``thirty''.

     SEC. 13. PENALTIES.

       Section 17 of the Act (29 U.S.C. 666) is amended by 
     inserting the following:
       ``(m) The Secretary shall not use `other than serious' 
     citations as a basis for issuing repeat or willful 
     citations.''.

     SEC. 14. UNANTICIPATED CONDUCT.

       Section 9 of the Act (29 U.S.C. 658) is amended by adding 
     at the end the following:
       ``(d) No citation may be issued under this section for any 
     violation that is the result of actions by any person that 
     are contrary to established, communicated, and enforced work 
     rules that would have prevented the violation. This 
     subsection shall not be construed to eliminate or modify 
     elements of proof currently required to support a 
     citation.''.

     SEC. 15. ADOPTION OF NON-GOVERNMENTAL STANDARDS.

       The Act (29 U.S.C. 651 et seq.) is amended by adding after 
     section 4 the following:

     ``SEC. 4A. ADOPTION OF NON-GOVERNMENTAL STANDARDS.

       ``The Secretary shall not promulgate or enforce any 
     finding, guideline, standard, limit, rule, or regulation that 
     is subject to incorporation by reference, or modification, as 
     the result of a determination reached by any organization, 
     unless the Secretary affirmatively finds that the 
     determination has been made by an organization and procedure 
     that complies with the requirements of section 3(9). Such 
     finding and a summary of its basis shall be published in the 
     Federal Register and shall be deemed a final agency action 
     subject to review by a United States District Court in 
     accordance with section 706 of title 5, United States 
     Code.''.

     SEC. 16. EMPLOYEE RESPONSIBILITY.

       The Act (29 U.S.C. 651 et seq.) is amended by adding after 
     section 9 the following:

     ``SEC. 9A. EMPLOYEE RESPONSIBILITY.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, an employee who, with respect to employer-provided 
     personal protective equipment, willfully violates any 
     requirement of section 5 or any standard, rule, or order 
     promulgated pursuant to section 6, or any regulation 
     prescribed pursuant to this Act, may be assessed a civil 
     penalty, as determined by the Secretary, but not to exceed 
     $50 for each violation.
       ``(b) Citations.--If, upon inspection or investigation, the 
     Secretary or the authorized representative of the Secretary 
     believes that an employee of an employer has, with respect to 
     employer-provided personal protective equipment, violated any 
     requirement of section 5 or any standard, rule, or order 
     promulgated pursuant to section 6, or any regulation 
     prescribed pursuant to this Act, the Secretary shall within 
     30 days issue a citation to the employee. Each citation shall 
     be in writing and shall describe with particularity the 
     nature of the violation, including a reference to the 
     provision of this Act, standard, rule, regulation, or order 
     alleged to have been violated. No citation may be issued 
     under this section after the expiration of 6 months following 
     the occurrence of any violation.
       ``(c) Notification.--
       ``(1) In general.--The Secretary shall notify an employee--
       ``(A) by certified mail of a citation under subsection (b) 
     and the proposed penalty; and
       ``(B) that such employee has 30 working days within which 
     to notify the Secretary that the employee wishes to contest 
     the citation or proposed penalty.
       ``(2) Final order.--If an employee does not file a 
     notification described in paragraph (1)(B) with the Secretary 
     within 30 working days, the citation and proposed penalty 
     shall--
       ``(A) be deemed a final order of the Commission; and
       ``(B) not be subject to review by any court or agency.
       ``(d) Contesting of citation.--
       ``(1) In general.--If an employee files a notification 
     described in paragraph (1)(B) with the Secretary within 30 
     working days, the Secretary shall immediately advise the 
     Commission of such notification, and the Commission shall 
     afford the employee an opportunity for a hearing in 
     accordance with section 554 of title 5, United States Code.
       ``(2) Issuance of final order.--The Commission, after a 
     hearing described in paragraph (1), shall issue an order, 
     based on findings of fact, affirming, modifying, or vacating 
     the Secretary's citation or proposed penalty, or directing 
     other appropriate relief. Such order shall become final 30 
     days after issuance of the order.''.

                                S. 2067

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``HazCom Simplification and 
     Modernization Act of 2005''.

     SEC. 2. PURPOSE.

       It is the purpose of this Act to assist chemical 
     manufacturers and importers in preparing material safety data 
     sheets pursuant to the requirements of the Hazard 
     Communication standard published at section 1910.1200 of 
     title 29, Code of Federal Regulations, and the Hazard 
     Communication standard published at part 47 of title 30, Code 
     of Federal Regulations, and to improve the accuracy, 
     consistency, and comprehensibility of such material safety 
     data sheets and to establish a Commission for the purpose of 
     studying and making recommendations regarding the 
     implementation of the United Nations' Globally Harmonized 
     System of Classification and Labeling of Chemicals.

     SEC. 3. HAZARD COMMUNICATION.

       (a) In General.--
       (1) Model material safety data sheets for highly hazardous 
     chemicals.--The Secretary of Labor shall develop model 
     material safety data sheets for the list of highly hazardous 
     chemicals contained in Appendix A to the Process Safety 
     Management of Highly Hazardous Chemicals standard published 
     at section 1910.119 of title 29, Code of Federal Regulations. 
     Such model material safety data sheets shall--
       (A) comply with the requirements of the Hazard 
     Communication standard published at section 1910.100 of such 
     title 29 and the Hazard Communication standard published at 
     part 47 of title 30, Code of Federal Regulations;
       (B) be presented in a consistent format that enhances the 
     reliability and comprehensibility of information about 
     chemical hazards in the workplace and protective measures; 
     and
       (C) be made available to the public, including through 
     posting on the Occupational Safety and Health 
     Administration's website and the Mine Safety and Health 
     Administration's website, within 18 months after the date of 
     enactment of this Act.
       (2) Construction.--Nothing in this subsection shall be 
     construed to--
       (A) modify or amend the Hazard Communication standard 
     published at section 1910.1200 of title 29, Code of Federal 
     Regulations, the Process Safety Management of Highly 
     Hazardous Chemicals standard published at section 1910.119 of 
     such title 29, the Hazard Communication standard published at 
     part 47 of title 30, Code of Federal Regulations, or any 
     other provision of law; and
       (B) authorize the Secretary of Labor to include in the 
     model material safety data sheet developed under this 
     subsection any suggestion or recommendation as to permissible 
     or appropriate workplace exposure levels for these chemicals, 
     except as required by the Hazard Communication standard 
     published at section 1910.1200 of such title 29, and the 
     Hazard Communication standard published at part 47 of title 
     30, Code of Federal Regulations.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to

[[Page S13376]]

     the Department of Labor such sums as may be necessary to 
     carry out this subsection.
       (b) Globally Harmonized System Commission.--
       (1) Establishment.--Not later than 6 months after the date 
     of enactment of this Act, there shall be established a 
     commission, to be known as the Global Harmonization 
     Commission (referred to in this subsection as the 
     ``Commission''), to consider the implementation of the United 
     Nations Globally Harmonized System of Classification and 
     Labeling of Chemicals to improve chemical hazard 
     communication and to make recommendations to Congress.
       (2) Membership.--The Commission shall be composed of 17 
     members of whom--
       (A) 1 shall be the Secretary of Labor (referred to in this 
     Act as the ``Secretary'');
       (B) 1 shall be the Secretary of Transportation;
       (C) 1 shall be the Secretary of Health and Human Services;
       (D) 1 shall be the Administrator of the Environmental 
     Protection Agency;
       (E) 1 shall be the Chairman of the Consumer Product Safety 
     Commission;
       (F) 1 shall be the Chairman of the Chemical Safety and 
     Hazard Investigation Board (or his or her designee);
       (F) 11 shall be appointed by the Secretary of Labor, of 
     whom--
       (i) 2 shall be representatives of manufacturers of 
     hazardous chemicals, including a representative of small 
     businesses;
       (ii) 2 shall be representatives of employers who are 
     extensive users of hazardous chemicals supplied by others, 
     including a representative of small businesses;
       (iii) 2 shall be representatives of labor organizations;
       (iv) 2 shall be individuals who are qualified in an 
     occupational health or safety field by an organization whose 
     program has been accredited by a nationally recognized 
     private accreditation organization or by the Secretary, who 
     have expertise in chemical hazard communications;
       (v) 1 shall be a representative of mining industry 
     employers;
       (vi) 1 shall be a representative of mining industry 
     employees; and
       (vii) 1 shall be a safety and health professional with 
     expertise in mining.
       (3) Chair and vice-chair.--The members of the Commission 
     shall select a chair and vice-chair from among its members.
       (4) Duties.--
       (A) Study and recommendations.--The Commission shall 
     conduct a thorough study of, and shall develop 
     recommendations on, the following issues relating to the 
     global harmonization of hazardous chemical communication:
       (i) Whether the United States should adopt any or all of 
     the elements of the United Nation's Globally Harmonized 
     System of Classification and Labeling of Chemicals (referred 
     to in this subsection and the ``Globally Harmonized 
     System'').
       (ii) How the Globally Harmonized System should be 
     implemented by the Federal agencies with relevant 
     jurisdiction, taking into consideration the role of the 
     States acting under delegated authority.
       (iii) How the Globally Harmonized System compares to 
     existing chemical hazard communication laws and regulations, 
     including the Hazard Communication standard published at 
     section 1910.1200 of title 29, Code of Federal Regulations 
     and the Hazard Communication standard published at part 47 of 
     title 30, Code of Federal Regulations.
       (iv) The impact of adopting the Globally Harmonized System 
     on the consistency, effectiveness, comprehensiveness, timing, 
     accuracy, and comprehensibility of chemical hazard 
     communication in the United States.
       (v) The impact of adopting the Globally Harmonized System 
     on occupational safety and health in the United States.
       (vi) The impact of adopting the Globally Harmonized System 
     on tort, insurance, and workers compensation laws in the 
     United States.
       (vii) The impact of adopting the Globally Harmonized System 
     on the ability to bring new products to the market in the 
     United States.
       (viii) The cost and benefits of adopting the Globally 
     Harmonized System to businesses, including small businesses, 
     in the United States.
       (ix) How effective compliance assistance, training, and 
     outreach can be used to help chemical manufacturers, 
     importers, and users, particularly small businesses, 
     understand and comply with the Globally Harmonized System.
       (B) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report containing a 
     detailed statement of the findings and conclusions of the 
     Commission, together with its recommendations for such 
     legislation as the Commission considers appropriate.
       (5) Powers.--
       (A) Hearings.--The Commission shall hold at least one 
     public hearing, and may hold additional hearings, sit and act 
     at such times and places, take such testimony, and receive 
     such evidence as the Commission considers advisable to carry 
     out this section. The Commission shall, to the maximum extent 
     possible, use existing data and research to carry out this 
     section.
       (B) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this section. Upon request by the Commission, the head of 
     such department or agency shall promptly furnish such 
     information to the Commission.
       (C) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (6) Personnel matters.--
       (A) Compensation; travel expenses.--Each member of the 
     Commission shall serve without compensation but shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (B) Staff and equipment.--The Department of the Labor shall 
     provide all financial, administrative, and staffing 
     requirements for the Commission including--
       (i) office space;
       (ii) furnishings; and
       (iii) equipment.
       (7) Termination.--The Commission shall terminate on the 
     date that is 90 days after the date on which the Commission 
     submits the report required under paragraph (3)(B).
       (8) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Labor, such sums as 
     may be necessary to carry out this subsection.
       (c) Hazard Communication Demonstration Projects.--
       (1) In general.--Section 20(a) of the Act (29 U.S.C. 
     670(a)) is amended by adding at the end the following:
       ``(8) Subject to the availability of appropriations, the 
     Secretary, after consultation with others, as appropriate, 
     shall award grants to one or more qualified applicants in 
     order to carry out a demonstration project to develop, 
     implement, or evaluate strategies or programs to improve 
     chemical hazard communication in the workplace through the 
     use of technology, which may include electronic or Internet-
     based hazard communication systems.''.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the amendment made by paragraph (1).
                                 ______