[Congressional Record Volume 157, Number 54 (Wednesday, April 13, 2011)]
[Senate]
[Pages S2448-S2449]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENZI (for himself, Ms. Landrieu, Mr. Isakson, and Mr. 
        Coburn):
  S. 807. A bill to authorize the Department of Labor's voluntary 
protection program and to expand the program to include more small 
businesses; to the Committee on Health, Education, Labor, and Pensions.
  Mr. ENZI. Mr. President, I rise today to introduce legislation with 
Senator Landrieu known as the Voluntary Protection Program Act. This 
bill will codify the Voluntary Protection Programs, or VPP, expand it 
to include more small businesses, and incorporate recent GAO 
recommendations for program improvements.
  No program has been more successful in creating such a culture of 
safety in the workplace than VPP. Since it was created in 1982, 
Republican and Democrat administrations alike have fostered its growth 
to more than 2,500 worksites, a quarter of which are unionized, and it 
covers approximately one million employees. The bipartisan support for 
VPP continues into this Congress. Last year, the Senate Budget 
Committee unanimously approved an amendment to preserve VPP budget 
authority and I have been pleased to work with the Chair of the Senate 
Small Business Committee, Senator Landrieu, on this bill again this 
Congress. Our bill is also drawing bipartisan support in the House of 
Representatives. Congressmen Tom Petri and Gene Green are introducing 
companion legislation today and 1 thank them for their strong support 
on this important issue.
  Worksites that pass the rigorous evaluation process and become VPP 
sites have an average Days Away Restricted or Transferred, DART, case 
rate of 52 percent below the average for its industry. In recent years, 
smaller worksites have made significant strides in VPP, increasing from 
28 percent of VPP sites in 2003 to 44 percent in 2010.
  The innovative program doesn't just keep employees safer; as I have 
noted, it also saves both the VPP companies and the taxpayer's money. 
In 2007, Federal Agency VPP participants saved the government more than 
$59 million by avoiding injuries and private sector VPP participants 
saved more than $300 million. The Department of Defense has estimated 
that it saves between $73,000 and $8.8 million per site because of VPP. 
Additionally, when workplaces make the significant commitment to safety 
required by VPP, it allows OSHA to focus its resources where they are 
most needed. VPP Participant employers contribute a great deal to the 
VPP program expenditures. VPP participants have assigned approximately 
1,200 of their own employees to act as OSHA Special Government 
Employees, SGEs, who conduct onsite evaluations for OSHA.
  Despite the strong bipartisan support for VPP and its very positive 
results, the need for this legislation has become painfully clear. Last 
year, the administration's fiscal year 2011 Budget Request proposed 
eliminating the small amount it takes to administer VPP--$3.125 
million--and sought to transfer the 35 FTE it takes to run the program 
to other functions. The failure to complete the appropriations process 
last year thwarted that plan, and the administration did not renew the 
request in their fiscal year 2012 budget proposal. I hope that 
Department of Labor officials will note the bipartisan support VPP has 
and maintain support for the program. Surely, this proven life and 
cost-saving program is something we can all get behind.

[[Page S2449]]

  I would like to thank Senator Landrieu for working with me on this 
important legislation and add the following Senators as original 
cosponsors: Sen. Landrieu, Sen. Isakson and Sen. Coburn.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 807

       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 ``Voluntary Protection Program 
     Act''.

     SEC. 2. VOLUNTARY PROTECTION PROGRAM.

       (a) Cooperative Agreements.--The Secretary of Labor shall 
     establish a program of entering into 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 requirements.--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) Monitoring.--To ensure proper controls and measurement 
     of program performance for the voluntary protection program 
     under this section, the Secretary of Labor shall direct the 
     Assistant Secretary of Labor for Occupational Safety and 
     Health to take the following actions:
       (A) Develop a documentation policy regarding information on 
     follow-up actions taken by the regional offices of the 
     Occupational Safety and Health Administration in response to 
     fatalities and serious injuries at worksites participating in 
     the voluntary protection program.
       (B) Establish internal controls that ensure consistent 
     compliance by the regional offices of the Occupational Safety 
     and Health Administration with the voluntary protection 
     program policies of the Occupational Safety and Health 
     Administration for conducting onsite reviews and monitoring 
     injury and illness rates, to ensure that only qualified 
     worksites participate in the program.
       (C) Establish a system for monitoring the performance of 
     the voluntary protection program by developing specific 
     performance goals and measures for the program.
       (4) Exemptions.--A site with respect to which a voluntary 
     protection 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.
       (5) No payments required.--The Secretary of Labor shall not 
     require any form of payment for an employer to qualify or 
     participate in the voluntary protection program.
       (c) Transition.--The Secretary of Labor shall take such 
     steps as may be necessary for the orderly transition from the 
     cooperative agreements and voluntary protection programs 
     carried out by the Occupational Safety and Health 
     Administration as of the day before the date of enactment of 
     this Act, to the cooperative agreements and voluntary 
     protection program authorized under this section. In making 
     such transition, the Secretary shall ensure that--
       (1) the voluntary protection program authorized under this 
     section is based upon and consistent with the voluntary 
     protection programs carried out on the day before the date of 
     enactment of this Act; and
       (2) each employer that, as of the day before the date of 
     enactment of this Act, had an active cooperative agreement 
     under the voluntary protection programs carried out by the 
     Occupational Safety and Health Administration and was in good 
     standing with respect to the duties and responsibilities 
     under such agreement, shall have the option to continue 
     participating in the voluntary protection program authorized 
     under this section.
       (d) Regulations and Implementation.--Not later than 2 years 
     after the date of enactment of this Act, the Secretary of 
     Labor shall issue final regulations for the voluntary 
     protection program authorized under this section and shall 
     begin implementation of the program.

     SEC. 3. EXPANDED ACCESS TO VOLUNTARY PROTECTION PROGRAM 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 established under section 2 through 
     outreach and assistance initiatives and the development of 
     program requirements that address the needs of small 
     businesses.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act such sums as may be necessary.
                                 ______