[105th Congress Public Law 197]
[From the U.S. Government Printing Office]
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[DOCID: f:publ197.105]
[[Page 112 STAT. 638]]
Public Law 105-197
105th Congress
An Act
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 <<NOTE: July 16, 1998 - [H.R.
2864]>> requirements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Occupational Safety and
Health Administration Compliance Assistance Authorization Act of
1998.>> assembled,
SECTION 1. SHORT <<NOTE: 29 USC 651 note.>> 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 <<NOTE: 29 USC 670.>> of the Occupational Safety and
Health Act of 1970 is amended by adding at the end the following new
subsection:
``(d)(1) <<NOTE: Contracts.>> 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) <<NOTE: Regulations.>> 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;
[[Page 112 STAT. 639]]
``(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 three or more employees) for a period of 1 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.''.
Approved July 16, 1998.
LEGISLATIVE HISTORY--H.R. 2864:
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HOUSE REPORTS: No. 105-444 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Mar. 17, considered and passed House.
June 24, considered and passed Senate.
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