[Congressional Record Volume 157, Number 20 (Wednesday, February 9, 2011)]
[Extensions of Remarks]
[Page E183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INTRODUCING THE ENSURING WORKER SAFETY ACT

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                          HON. MAZIE K. HIRONO

                               of hawaii

                    in the house of representatives

                      Wednesday, February 9, 2011

  Ms. HIRONO. Mr. Speaker, today I introduce the Ensuring Worker Safety 
Act as a means to help keep workers safe in Hawaii and across the 
country.
  In September of 2010, the U.S. Department of Labor (DOL) found that 
under former Governor Linda Lingle, Hawaii had under-funded and 
systematically neglected its State Occupational Safety and Health Act 
plan (OSHA State plan). As a result, Hawaii did not have enough 
workplace inspections or on-site consultations to keep workers safe. 
Hawaii was the only State in the nation found breaking its State plan 
obligations.
  Unfortunately, for Hawaii and the 27 States/territories with approved 
State plans, DOL is extremely limited in its authority to help State 
plans improve. If DOL determines that an approved State plan is not 
``at least as effective as'' Federal standards and enforcement, its 
only recourse is to terminate the State plan, a drastic step that would 
remove State control, leave State and local government employees 
unprotected, and add costs to DOL for funding and running a health and 
safety program in the State.
  To help States respond to this challenge, today I introduce the 
Ensuring Worker Safety Act, which would give Federal DOL options other 
than completely terminating an underperforming State plan.
  Specifically, the Ensuring Worker Safety Act:
  Establishes a formal mechanism for OSHA to identify a problem with a 
State plan and compel a remedy without beginning the process for 
withdrawing approval.
  Ensures continued application of health and safety regulations by 
providing OSHA with concurrent enforcement authority while a State plan 
is remedying deficiencies or being withdrawn, after 30 days notice of 
official Federal action and an opportunity for a public hearing.
  Holds Federal OSHA accountable for providing strong oversight and 
guidance to State plans by establishing a regular Government 
Accountability Office (GAO) study--one every five years--to look at the 
effectiveness of State plans and the Secretary of Labor's oversight of 
such plans.
  For her work on this bill in the 111th Congress, I thank my former 
colleague Congresswoman Dina Titus of Nevada. I look forward to her 
continued contributions to public service.

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