[House Report 105-444]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
 2d Session             HOUSE OF REPRESENTATIVES                105-444
_______________________________________________________________________


 
  OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION COMPLIANCE ASSISTANCE 
                       AUTHORIZATION ACT OF 1998

                                _______
                                

 March 17, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


   Mr. Goodling, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2864]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 2864) to require the Secretary of Labor 
to establish a program under which employers may consult with 
State officials respecting compliance with occupational safety 
and health requirements, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Occupational Safety and Health 
Administration Compliance Assistance Authorization Act of 1998''.

SEC. 2. COMPLIANCE ASSISTANCE PROGRAM.

  Section 21 of the Occupational Safety and Health Act of 1970 is 
amended by adding at the end the following new subsection:
  ``(d)(1) The Secretary shall establish and support cooperative 
agreements with the States under which employers subject to this Act 
may consult with State personnel with respect to--
          ``(A) the application of occupational safety and health 
        requirements under this Act or under State plans approved under 
        section 18; and
          ``(B) voluntary efforts that employers may undertake to 
        establish and maintain safe and healthful employment and places 
        of employment.
Such agreements may provide, as a condition of receiving funds under 
such agreements, for contributions by States towards meeting the costs 
of such agreements.
  ``(2) Pursuant to such agreements the State shall provide on-site 
consultation at the employer's worksite to employers who request such 
assistance. The State may also provide other education and training 
programs for employers and employees in the State. The State shall 
ensure that on-site consultations conducted pursuant to such agreements 
include provision for the participation by employees.
  ``(3) Activities under this subsection shall be conducted 
independently of any enforcement activity. If an employer fails to take 
immediate action to eliminate employee exposure to an imminent danger 
identified in a consultation or fails to correct a serious hazard so 
identified within a reasonable time, a report shall be made to the 
appropriate enforcement authority for such action as is appropriate.
  ``(4) The Secretary shall, by regulation after notice and opportunity 
for comment, establish rules under which an employer--
          ``(A) which requests and undergoes an on-site consultative 
        visit provided under this subsection,
          ``(B) which corrects the hazards that have been identified 
        during the visit within the time frames established by the 
        State and agrees to request a subsequent consultative visit if 
        major changes in working conditions or work processes occur 
        which introduce new hazards in the workplace, and
          ``(C) which is implementing procedures for regularly 
        identifying and preventing hazards regulated under this Act and 
        maintains appropriate involvement of, and training for, 
        management and non-management employees in achieving safe and 
        healthful working conditions,
may be exempt from an inspection (except an inspection requested under 
section 8(f) or an inspection to determine the cause of a workplace 
accident which resulted in the death of one or more employees or 
hospitalization for 3 or more employees) for a period of one year from 
the closing of the consultative visit.
  ``(5) A State shall provide worksite consultations under paragraph 
(2) at the request of an employer. Priority in scheduling such 
consultations shall be assigned to requests from small businesses which 
are in higher hazard industries or have the most hazardous conditions 
at issue in the request.''

                                Purpose

     The purpose of H.R. 2864 is to provide worksite safety and 
health consultations and other education and training programs 
through cooperative agreements with states and use of state 
personnel.

                            Committee Action

     The Subcommittee on Workforce Protections held a series of 
three hearings in 1997 on the subject of Occupational Safety 
and Health Administration (OSHA) reinvention. Those hearings 
were the basis of several bills introduced by Representative 
Cass Ballenger on November 7, 1997, including H.R. 2864.
    The first hearing was held on June 24, 1997, to learn the 
views and perspective of OSHA on its effort to ``reinvent'' the 
agency. The Acting Assistant Secretary for OSHA, Greg Watchman, 
testified at the hearing.
     The second hearing was held on July 23, 1997, to examine 
OSHA's reinvention project, hearing testimony from a variety of 
individuals who have either studied or had recent experiences 
with OSHA. The witnesses included Mr. Ronald Schaible, 
Director, Global Safety, AMP Incorporated, Harrisburg, 
Pennsylvania; Ms. Kathleen Winters, Corporate Manager, 
Environmental Health and Safety, Mack Printing Company, Easton, 
Pennsylvania; Dr. Gary Rainwater, President, American Dental 
Association, Dallas, Texas; Mr. James Gonzalez, Attorney-at-
Law, Holland and Hart, Denver, Colorado; Mr. Richard S. 
Baldwin, Safety and Health Director, BE&K, Birmingham, Alabama; 
Professor John Mendeloff, Graduate School of Public and 
International Affairs, University of Pittsburgh, Pittsburgh 
Pennsylvania; Ms. Lee Anne Elliott, Executive Director, 
Voluntary Protection Programs, Participants' Association, Falls 
Church, Virginia; and Mr. Mike Wright, Director, Health, Safety 
and Environment Department, United Steelworkers of America, 
Pittsburgh, Pennsylvania.
     The third hearing was held on September 11, 1997, to hear 
from individuals with a first hand knowledge of OSHA's 
reinvention program and on changes that should occur as OSHA 
moves into the 21st century. The following witnesses testified: 
Mr. Gerald V. Anderson, President, Anderson Construction 
Company, Fort Gaines, Georgia; Mr. James Abrams, Corporate, 
Labor, and Employment Attorney, Denver Colorado; Mr. Frank 
White, Vice President, Organization Resources Counselors, Inc., 
Washington, DC; Mr. Michael C. Nichols, Vice President, 
Management Development/Human Resources, Sysco Corporation, 
Houston, Texas; Mr. Norbert Plassmeyer, Vice President and 
Director of Environmental Affairs, Associated Industries, 
Jefferson City, Missouri; and Dr. Nicholas A. Ashford, Ph.D, 
Professor of Technology and Policy, Massachusetts Institute of 
Technology, Cambridge Massachusetts.
     The Subcommittee on Workforce Protections approved H.R. 
2864, as amended, by voice vote, on February 4, 1998, and 
ordered the bill favorably reported to the Full Committee. The 
Committee on Education and the Workforce approved H.R. 2864 by 
voice vote on March 11, 1998, and ordered the bill favorably 
reported to the House.

                     Committee Statement and Views

     H.R. 2864 amends the Occupational Safety and Health Act 
(OSHAct) to require the Secretary of Labor to enter into 
cooperative agreements with states under which state personnel 
will provide on-site consultations and other education and 
training in workplace safety and health requirements.
     H.R. 2864 is intended to continue and codify the 
consultation grants program which was initiated in 1975 by OSHA 
and the states, and which is set forth in regulations at 29 CFR 
Part 1908. The consultation grants program was established 
under OSHA's general authority ``to accept and use the 
services, facilities, and personnel'' of any state, with the 
consent of the state and reimbursement thereof, in carrying out 
the purposes of the OSHAct. (Section 7(c)(1), 29 USC Section 
656(c)(1))
     Support for specifically authorizing and requiring the 
consultation program in the OSHAct has come from small 
businesses, from the state consultation agencies, and from the 
Department of Labor.
     For example, as one of its proposals to address the burden 
of regulation on small business, the 1995 White House 
Conference on Small Business recommended that--

          Small business and OSHA must work together in a non-
        adversarial, supportive relationship to attain public 
        policy safety goals. To accomplish this, Congress must 
        pass legislation * * * [to] require that voluntary 
        compliance audits be performed within 60 days of a 
        request by a small business. Such audits must be 
        educational and non-threatening with written results 
        and no fines issued.

     Similarly, in testimony before the Workforce Protections 
Subcommittee on June 20, 1995, Mr. Bill Weems, testifying on 
behalf of the National Association of Occupational Safety and 
Health Consultation Programs (OSHCON), described the benefits 
of the state consultation programs for workplace safety and 
health, and recommended that the program be recognized in the 
OSHAct:

          During FY 1994, the state consultation programs 
        collectively provided onsite assistance to 27,278 small 
        employers. Seventy-two percent of the companies served 
        had less than 50 employees, and only 7 percent had more 
        than 150 employees. Forty-seven percent of the 
        companies were engaged in manufacturing, 22 percent in 
        hazardous services, and 15 percent in construction. 
        Almost 170,000 safety or health hazards were identified 
        and voluntarily corrected by these small employers as a 
        result of the consultations. In addition, over 43,000 
        employees received training relative to the specific 
        hazards in their respective workplaces. * * * Forty-
        eight of the consultation programs are funded under 
        Section 7(c)(1) of the OSHAct which provides for up to 
        90 percent federal cost-sharing. The remaining 8 
        programs are funded under Section 23(g) training grants 
        with 50 percent federal match. Neither Section 7(c)(1) 
        nor Section 23(g) refers specifically to consultation 
        services. OSHCON recommends that any amendment of the 
        OSHAct include language that will provide statutory 
        recognition of these 20-year-old programs.

    The Clinton Administration has also supported ``codifying'' 
the consultation program, and supports H.R. 2864 as passed by 
the Committee on Education and the Workforce. On adoption of 
H.R 2864 by the Committee, Mr. Charles Jeffress, Assistant 
Secretary for Occupational Safety and Health, said,

          OSHA's consultation program, which has been a feature 
        of the agency since 1975, is one of the agency's most-
        requested services. The consultation program provides 
        free safety and health assistance to approximately 
        25,000 workplaces annually. It is an important resource 
        to help small employers protect their workers from 
        worksite hazards. Rep. Ballenger's bill codifying this 
        vital and growing element of OSHA's outreach efforts 
        will help us to realize our goal of reducing injuries 
        and illnesses in 100,000 workplaces over the next five 
        years.

    The Committee believes that specifically authorizing the 
consultation program in the OSHAct (1) will help to assure its 
continuation as well as its stability in purpose, (2) reflects 
the importance of this program and of consultative efforts 
generally to achieving the purpose of OSHA of safe and 
healthful workplaces, (3) reinforces the important state role 
in occupational safety and health programs, and (4) is 
consistent with the Committee's desire to see the availability 
of consultative services increased.
    Despite the broad support for the state consultation 
programs described above, the state consultation grants have 
received inadequate funding to meet the demands for 
consultative services. In his testimony in 1995 on behalf of 
OSHCON, Mr. Bill Weems said,

          Finally, it should be noted that the consultation 
        programs do not presently have the resources to keep 
        pace with the growing demand for their services. The 
        average response time due to backlog of requests is 
        approximately 60 days. Some programs have reported a 
        response time of up to 2 years.

The following charts compare recent years' funding for the 
state consultation grants with total funding for OSHA, funding 
for OSHA enforcement, and funding for federal ``compliance 
assistance'' activities.\1\ The Committee is hopeful that 
increased funding for state consultation programs will 
eliminate the gap between the current inability of the 
consultation programs to meet the demand for services noted in 
the testimony of Mr. Weems, and the goal stated by the White 
House Conference on Small Business, that all requests for 
consultation be performed within 60 days.
---------------------------------------------------------------------------
    \1\ State consultation programs have several advantages over 
``compliance assistance'' programs operated directly by OSHA. First, 
the state consultation programs have a long history of effectively 
working with employers, particularly small employers, in providing 
consultative services. Second, the OSHAct limits OSHA's ability to 
provide direct consultative services. Third, programs administered 
directly by OSHA are generally limited to the states which do not 
operate approved state OSHA programs under Section 18 of the OSHAct, 
and thus discriminate in funding against the 23 ``state plan states.'' 
In contrast, the consultation grants are available to all states, 
whether or not the state operates an approved state OSHA program under 
Section 18.

                                           OSHA COMPLIANCE ASSISTANCE                                           
                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                                                     Federal    
                                                             Consultation          State           compliance   
                           Year                                 visits          consultation       assistance   
                                                                                  funding            funding    
----------------------------------------------------------------------------------------------------------------
1993.....................................................            26,296            $28.5               $12.4
1994.....................................................            23,728             30.9                12.9
1995.....................................................            24,799             31.6                13.4
1996.....................................................            24,708             32.5                34.8
1997.....................................................            24,785             34.5                37.4
1998.....................................................        \1\ 25,000             35.4                43.9
1999.....................................................        \1\ 27,000         \2\ 38.757          \2\ 46.5
----------------------------------------------------------------------------------------------------------------
\1\ Estimated.                                                                                                  
\2\ Requested by the Administration in the FY 99 budget request.                                                


                                        OSHA FEDERAL ENFORCEMENT PROGRAM                                        
                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                                   Federal         Total OSHA   
                           Year                                Inspections       enforcement         funding    
----------------------------------------------------------------------------------------------------------------
1993......................................................            39,536            $134.7            $288.3
1994......................................................            42,377             137.3             296.4
1995......................................................            29,113             145.3             311.7
1996......................................................            24,024             120.9             303.8
1997......................................................            34,264             126.2             324.9
1998......................................................        \1\ 34,000             128.9             336.5
1999......................................................        \1\ 34,500         \2\ 135.3         \2\ 355.0
----------------------------------------------------------------------------------------------------------------
\1\ Estimated.                                                                                                  
\2\ Requested by the Administration in the FY 99 budget request.                                                

The bill

    H.R. 2864 adds a new subsection (d) to Section 21 of the 
OSHAct to require the Secretary of Labor to enter into 
cooperative agreements with states under which state personnel 
will provide on-site consultations and other safety and health 
education and training activities.
    The use of the term ``state personnel'' in H.R. 2864 is 
intended to include both employees of state agencies and 
employees of public universities and colleges. Consultative 
services in several states have been or are being provided by a 
public university or college, as provided by the agreement 
between OSHA and the state. The use of the term ``state 
personnel'' (which is also the term used in regulations in 29 
CFR Part 1908) is intended to allow that variety of 
arrangements to continue.
    As noted in the testimony by Mr. Bill Weems quoted above, 
48 consultation programs are currently funded under Section 
7(c)(1) of the OSHAct, and 8 programs are funded by grants 
under Section 23 (g). The current Section 7(c)(1) program 
allows up to 90 percent of the program cost to be paid by the 
federal grant; in other words the minimum state match is 10 
percent. In fact, many of the states have regularly exceeded 
their minimum funding requirements for the consultation 
program. H.R. 2864 does not require a specific state matching 
rate, but does provide that OSHA may require state matching 
funding as a condition for federal funding. The availability 
and provision of funding for the consultation program under 
this bill, like the Section 7(c)(1) grants, is not intended to 
replace, and should not affect or reduce, the availability of 
federal matching funding for education and training activities 
for ``state plan states'' under Section 23 (g).
    Just as is the case with the current consultation services 
program, an employer's participation in consultation services 
under H.R. 2864 would be voluntary on the part of the employer. 
The state consultation programs have worked well because 
employers have confidence that it is a voluntary service and 
that it is not part of any enforcement scheme. That does not, 
of course, prohibit anyone else, whether state or federal 
enforcement personnel or the employer's employees, from 
encouraging the employer to request a consultation. But the 
consultation may only be scheduled if the employer so requests.
    H.R. 2864 emphasizes that consultation services should be 
conducted separately and independently of any enforcement 
activity. Only if during the course of a consultation, the 
consultant observes imminent dangers which the employer fails 
to address immediately, or serious hazards which the employer 
fails to address within a reasonable time established with the 
consultant should a report be made to the appropriate state or 
federal enforcement agency for enforcement action.
    H.R. 2864 requires that states ensure that on-site 
consultations provided to employers under the bill include 
provision for the participation of employees in the 
consultation. The Secretary of Labor has issued regulations, at 
29 CFR Section 1908.5, regarding employee participation in 
consultations currently being provided by states under the 
cooperative agreements. The bill allows the Secretary of Labor 
to continue to establish the requirements for employee 
participation in on-site consultations by regulation. The 
Committee encourages the Secretary to include in the 
regulations assurances that (1) the consultant will have 
reasonable opportunity to confer with employees during the 
consultation, (2) where there is a recognized labor 
organization representing the employees in the workplace, and 
consistent with the collective bargaining agreement, the 
authorized representative will be allowed to accompany the 
consultant during the consultation, and (3) to the extent that 
violations of OSHA standards are identified in the 
consultation, information on the violations and 
correctiveactions taken or to be taken as a result of the consultation 
will be available to affected employees.
    H.R. 2864 requires the Secretary to establish, by 
regulation, rules by which an employer who meets three 
conditions may be exempt from OSHA's ``general schedule'' 
inspections (but not inspections based upon employee complaints 
or major accidents) for one year from the closing date of the 
consultation. The three conditions for exemption are as 
follows: (1) the employer has requested and undergone a 
consultative visit; (2) the hazards identified in the 
consultative visit have been corrected or are being corrected 
in accordance with the time frames established by the 
consultant, and the employer agrees to request a follow-up 
consultative visit if the major changes in working conditions 
or work processes are made; and (3) the employer is 
implementing procedures for regularly identifying and 
preventing hazards which are regulated under the OSHAct, and 
maintains appropriate involvement and safety and health 
training for management and non-management employees. The 
requirement that the Secretary issue regulations regarding 
these conditions is not intended to impose requirements 
regarding hazards beyond those otherwise being regulated by 
OSHA.

                                Summary

    H.R. 2864 amends the OSHAct to require the Secretary of 
Labor to enter into cooperative agreements with states under 
which state personnel will provide on-site consultations and 
other education and training in workplace safety and health 
requirements.

                           Section-by-Section

Section 1. Short title

    The title of the bill is the ``Occupational Safety and 
Health Administration Compliance Assistance Authorization Act 
of 1998.''

Section 2. Compliance Assistance Program

    This section requires OSHA to enter into cooperative 
agreements with the states under which state officials or other 
designated persons provide on-site consultations and education 
and training programs. Employers who request and receive an on-
site consultation may be exempt from certain enforcement 
inspections for one year.

                 Statement of Constitutional Authority

    H.R. 2864 amends the Occupational Safety and Health Act, 
and thus falls within the scope of Congressional powers under 
Article I, section 8, clause 3 of the Constitution of the 
United States to the same extent as does the OSHAct.

                       Explanation of Amendments

    The Amendment in the Nature of a Substitute is explained in 
the body of the report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill funds state consultation programs; the bill 
does not prevent legislative branch employees from receiving 
the benefits of this legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act requires a statement of whether the provisions of 
the reported bill include unfunded mandates. The bill funds 
pre-existing state consultation programs, and as such does not 
contain any unfunded mandates.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 2(l)(3)(A) of rule XI and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the body of this report.

 Statement of Oversight Findings of the Committee on Government Reform 
                             and Oversight

    With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2864.

                           Committee Estimate

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 2864. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 2(l)(3)(B) of 
rule XI of the House of Representatives and section 308(a) of 
the Congressional Budget Act of 1974 and with respect to 
requirements of 2(l)(3)(C) of rule XI of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 2864 from the Director of the Congressional Budget 
Act:

                                     U.S. Congress,
                               Congresssional Budget Office
                                    Washington, DC, March 16, 1998.
Hon. William F. Gooding,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2864, the 
Occupational Safety and Health Administration Compliance 
Assistance Authorization Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Cyndi 
Dudzinski .
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 2864--Occupational Safety and Health Administration Compliance 
        Assistance Authorization Act of 1998

    CBO estimates that enacting this bill would not have a 
significant impact on the federal budget. Because the bill 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 2864 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded mandates Reform Act of 1995 and would not have a 
significant impact on the budgets of state, local, or tribal 
governments.
    H.R. 2864 would codify and amend the existing State 
consultation program administered by the Occupational Safety 
and Health Administration (OSHA). Under current law, states 
participating in this program provide guidance at no cost to 
employers to assist them in establishing effective occupational 
safety and health programs. Such services are provided in 
response to an employer's request with scheduling priority 
given to small businesses with the most hazardous operations. 
If the employer corrects all hazards that have been identified 
during the consultative visit and meets certain other 
requirements under current regulations, then the employer may 
be exempt from a general OSHA inspection for a period of one 
year.
    Under H.R. 2864, the Secretary of Labor would be required 
to establish rules, by regulation after notice and opportunity 
for comment, under which an employer may be exempt from an 
inspection for a period of one year from the closing of a 
consultative visit. Based on conversations with OSHA staff, CBO 
estimates that publishing, responding to comments, and 
submitting the final rule would add approximately $200,000 in 
employee hours to the cost of current OSHA activities.
    In addition, if the publicity and education that might 
result from codifying this program increased the demand for 
state consultation services, the cost of reimbursing states for 
providing these consultations would rise. In fiscal year 1998, 
OSHA reimbursed states $35 million for this program.
    The CBO staff contact for the impact on federal costs is 
Cyndi Dudzinski; the contact for the impact on state, local, 
and tribal governments is Marc Nicole; and the contact for the 
impact on the private sector is Kathryn Rarick. This estimate 
was approved by Paul N. Van de Water, Assistant Director for 
Budget Analsis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (new matter is printed 
in italics and existing law in which no change is proposed is 
shown in roman):

      SECTION 21 OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

                    training and employee education

      Sec. 21. (a) * * *
          * * * * * * *
  (d)(1) The Secretary shall establish and support cooperative 
agreements with the States under which employers subject to 
this Act may consult with State personnel with respect to--
          (A) the application of occupational safety and health 
        requirements under this Act or under State plans 
        approved under section 18; and
          (B) voluntary efforts that employers may undertake to 
        establish and maintain safe and healthful employment 
        and places of employment.
Such agreements may provide, as a condition of receiving funds 
under such agreements, for contributions by States towards 
meeting the costs of such agreements.
  (2) Pursuant to such agreements the State shall provide on-
site consultation at the employer's worksite to employers who 
request such assistance. The State may also provide other 
education and training programs for employers and employees in 
the State. The State shall ensure that on-site consultations 
conducted pursuant to such agreements include provision for the 
participation by employees.
  (3) Activities under this subsection shall be conducted 
independently of any enforcement activity. If an employer fails 
to take immediate action to eliminate employee exposure to an 
imminent danger identified in a consultation or fails to 
correct a serious hazard so identified within a reasonable 
time, a report shall be made to the appropriate enforcement 
authority for such action as is appropriate.
  (4) The Secretary shall, by regulation after notice and 
opportunity for comment, establish rules under which an 
employer--
          (A) which requests and undergoes an on-site 
        consultative visit provided under this subsection,
          (B) which corrects the hazards that have been 
        identified during the visit within the time frames 
        established by the State and agrees to request a 
        subsequent consultative visit if major changes in 
        working conditions or work processes occur which 
        introduce new hazards in the workplace, and
          (C) which is implementing procedures for regularly 
        identifying and preventing hazards regulated under this 
        Act and maintains appropriate involvement of, and 
        training for, management and non-management employees 
        in achieving safe and healthful working conditions,
may be exempt from an inspection (except an inspection 
requested under section 8(f) or an inspection to determine the 
cause of a workplace accident which resulted in the death of 
one or more employees or hospitalization for 3 or more 
employees) for a period of one year from the closing of the 
consultative visit.
  (5) A State shall provide worksite consultations under 
paragraph (2) at the request of an employer. Priority in 
scheduling such consultations shall be assigned to requests 
from small businesses which are in higher hazard industries or 
have the most hazardous conditions at issue in the request.

                                
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