[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5284-S5285]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SCHUMER:
  S. 4496. A bill to direct the Secretary of Labor to promulgate an 
occupational safety and health standard that requires covered employers 
to protect employees from injury and death related to grease trap 
manholes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. SCHUMER. 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. 4496

       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 ``Bryce Raynor Act of 2020''.

[[Page S5285]]

  


     SEC. 2. OCCUPATIONAL SAFETY AND HEALTH STANDARD REGARDING 
                   GREASE TRAP MANHOLES.

       (a) Definitions.--In this section, the terms ``employee'' 
     and ``employer'' have the meanings given the terms in section 
     3 of the Occupational Safety and Health Act of 1970 (29 
     U.S.C. 652).
       (b) Interim Final Standard.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Labor shall 
     promulgate an interim final occupational safety and health 
     standard protecting employees from death and injury related 
     to grease trap manholes that--
       (A) shall be included as a new section in subpart D of part 
     1910 of title 29, Code of Federal Regulations or any 
     successor subpart, with the heading ``Grease Trap Manholes''; 
     and
       (B) requires employers to protect all employees from 
     falling in or tripping on grease trap manholes by--
       (i) ensuring that the grease trap manholes and surrounding 
     areas are inspected regularly and in accordance with clause 
     (iv) and maintained in a safe condition, consistent with 
     paragraphs (1), (2), and (3) of section 1910.22(d) of such 
     subpart;
       (ii) ensuring that, consistent with section 1910.28(b)(3) 
     of such subpart, each employee--

       (I) is protected from falling through any grease trap 
     manhole opening that is 4 feet (1.2 meters) or more above a 
     lower level by a cover, guardrail system, travel restraint 
     system, or personal fall arrest system; and
       (II) is protected from tripping into or stepping into or 
     through any grease trap manhole opening that is less than 4 
     feet (1.2 meters) above a lower level by a cover or guardrail 
     system;

       (iii) ensuring that each grease trap manhole opening--

       (I) has a cover that, consistent with the requirements of 
     section 1910.29(e) of such subpart--

       (aa) is capable of supporting, without failure, at least 
     twice the maximum intended load that may be imposed on the 
     cover at any one time;
       (bb) is manufactured for commercial use;
       (cc) is secured by a bolt or locking mechanism to prevent 
     accidental displacement; and
       (dd) is made of round cast iron, or metal of a similar 
     construction rated for heavy road traffic, with sufficient 
     weight to prevent unauthorized access; and

       (II) has a secondary protection device consisting of a 
     screen or netting sufficient to prevent a person from falling 
     into the grease trap manhole opening; and

       (iv) ensuring that each grease trap manhole and cover for a 
     grease trap manhole opening is inspected twice a year to 
     ensure that the cover is made of metal, locked, and can 
     support twice the maximum intended load.
       (2) Notice and comment.--Notwithstanding any other 
     provision of section 6 of the Occupational Safety and Health 
     Act of 1970 (29 U.S.C. 655), the Secretary of Labor shall, 
     prior to promulgating the interim final standard under 
     paragraph (1), provide notice of the interim final standard 
     and a 30-day opportunity for public comment.
       (3) Effective date of interim final standard.--
       (A) In general.--The interim final standard promulgated 
     under paragraph (1) shall--
       (i) take effect on a date specified by the Secretary of 
     Labor that is not later than 30 days after the date of 
     promulgation, except that such interim final standard may 
     include a reasonable phase-in period for the implementation 
     of required engineering controls that take effect after such 
     date;
       (ii) have the legal effect of, and be enforced in the same 
     manner as, an occupational safety and health standard 
     promulgated under section 6(b) of the Occupational Safety and 
     Health Act of 1970 (29 U.S.C. 655(b)); and
       (iii) be in effect until the final standard described in 
     subsection (c)(2) becomes effective and enforceable.
       (B) Failure to promulgate.--If an interim final standard 
     described in paragraph (1) is not promulgated by the date 
     that is 2 years after the date of enactment of this Act, the 
     provisions of such paragraph shall be in effect and enforced 
     in the same manner as any standard promulgated under section 
     6(b) of the Occupational Safety and Health Act of 1970 (29 
     U.S.C. 655(b)) until such provisions are superseded in whole 
     by an interim final standard promulgated by the Secretary 
     that meets the requirements of paragraph (1).
       (c) Final Standard.--
       (1) Proposed final standard.--Not later than 30 months 
     after the date of enactment of this Act, the Secretary of 
     Labor shall, pursuant to section 6 of the Occupational Safety 
     and Health Act of 1970 (29 U.S.C. 655), promulgate a proposed 
     final standard protecting employees from death and injury 
     related to grease trap manholes that shall include, at a 
     minimum, the elements contained in the interim final standard 
     promulgated under subsection (b).
       (2) Final standard.--Not later than 42 months after the 
     date of enactment of this Act, the Secretary of Labor shall, 
     pursuant to section 6 of the Occupational Safety and Health 
     Act of 1970 (29 U.S.C. 655), promulgate a final standard 
     protecting employees from death and injury related to grease 
     trap manholes. Such final standard shall include, at a 
     minimum, the elements contained in the interim final standard 
     promulgated under subsection (b).

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