[Congressional Record Volume 167, Number 41 (Thursday, March 4, 2021)]
[Senate]
[Page S1214]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 989. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 891 proposed by Mr. Schumer to the bill H.R. 1319, to 
provide for reconciliation pursuant to title II of S. Con. Res. 5; 
which was ordered to lie on the table; as follows:

       Strike section 2101(b) and insert the following:
       (b) Allocation of Amounts.--Amounts appropriated under 
     subsection (a) shall be allocated as follows:
       (1) Not less than $75,000,000 shall be for the Occupational 
     Safety and Health Administration, of which $5,000,000 shall 
     be for Susan Harwood training grants, $5,000,000 shall be for 
     a voluntary protection program under subsection (c), and not 
     less than $5,000,000 shall be for enforcement activities 
     relating to COVID-19 at high risk workplaces including 
     healthcare, meat and poultry processing facilities, 
     agricultural workplaces and correctional facilities.
       (2) $12,500,000 shall be for the Office of Inspector 
     General.
       (c) Voluntary Protection Program.--
       (1) Cooperative agreements.--By not later than 2 years 
     after the date of enactment of this Act, 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--
       (A) requirements for systematic assessment of hazards;
       (B) comprehensive hazard prevention, mitigation, and 
     control programs;
       (C) active and meaningful management and employee 
     participation in the voluntary program described in paragraph 
     (2); and
       (D) employee safety and health training.
       (2) Voluntary protection program.--
       (A) In general.--By not later than 2 years after the date 
     of enactment of this Act, the Secretary of Labor shall 
     establish and carry out a voluntary protection program 
     (consistent with paragraph (1)) to encourage excellence and 
     recognize the achievement of excellence in both the technical 
     and managerial protection of employees from occupational 
     hazards.
       (B) Program requirements.--The voluntary protection program 
     shall include the following:
       (i) 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.
       (ii) 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.).
       (iii) 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.
       (iv) Reevaluations.--Periodic reevaluations by the 
     Secretary of Labor of the employers shall be required for 
     continued participation in the program.
       (C) Monitoring.--To ensure proper controls and measurement 
     of program performance for the voluntary protection program 
     under this subsection, the Secretary of Labor shall direct 
     the Assistant Secretary of Labor for Occupational Safety and 
     Health to take the following actions:
       (i) 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.
       (ii) 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.
       (iii) Establish a system for monitoring the performance of 
     the voluntary protection program by developing specific 
     performance goals and measures for the program.
       (D) 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.
       (E) 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.
       (3) 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 subsection. In 
     making such transition, the Secretary shall ensure that--
       (A) the voluntary protection program under this subsection 
     is based upon and consistent with the voluntary protection 
     programs carried out on the day before the date of enactment 
     of this Act; and
       (B) 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 subsection.
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