[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.
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