To authorize the Secretary of Labor to establish voluntary protection programs.

June 19, 2001

Mr. PETRI (for himself, Mr. ANDREWS, Mr. ISAKSON, Ms. WOOLSEY, Mr. PAUL, Mr. LAHOOD, and Mr. HUTCHINSON) introduced the following bill; which was referred to the Committee on Education and Workforce

To authorize the Secretary of Labor to establish voluntary protection programs.

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 `Models of Safety and Health Excellence Act of 2001'.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- The Congress finds the following:

(1) Since 1982, the Occupational Safety and Health Administration has conducted voluntary protection programs designed to recognize excellence in occupational safety and health.

(2) Such programs have fostered partnerships between employers, employees, and the Occupational Safety and Health Administration to improve workplace safety and health through the implementation of effective safety and health programs.

(3) Employers participating in such programs provide their employees with a level of protection that substantially exceeds the level of protection provided by compliance with the requirements of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(4) As a result of these efforts, employers participating in such programs have experienced injury and illness rates that are on average less than half of their respective industry averages, sparing thousands of America's working families needless workplace tragedies.

(b) PURPOSES- The purposes of this Act are the following:

(1) To recognize the exemplary leadership of voluntary protection programs participants in improving occupational safety and health at workplaces;

(2) To encourage other employers to adopt such approaches to protect their workers; and

(3) To codify such programs to ensure that the Occupational Safety and Health Administration continues to develop them in the future.

SEC. 3. VOLUNTARY PROTECTION PROGRAMS.

(a) IN GENERAL- The Secretary of Labor or the Secretary's authorized representative shall establish and carry out voluntary protection programs (hereinafter in this section referred to as `programs') to promote and recognize the achievement of worksites that demonstrate excellence in workplace health and safety. The Secretary may choose, in limited situations, to alter the application requirements in order to expand the scope of worksites participating in the programs to include nonstandard worksites such as short-term construction sites and mobile worksites. The Secretary shall encourage the participants in the programs to share occupational safety and health expertise with other employers. The Secretary shall also encourage the participation of small business (as that term is defined by the Administrator of the Small Business Administration) in the programs by implementing outreach and assistance initiatives in cooperation with program participants and shall develop program requirements that address the needs of small businesses. The Secretary may provide for the development of equivalent programs in State plan States.

(b) PROGRAM REQUIREMENTS- A program shall include the following:

(1) APPLICATION- Applications for participation in the programs shall be submitted by the worksite's management, shall reflect the support of a substantial number of site employees, and, where applicable, shall have the express written support of the collective bargaining representative of such employees. Employers who volunteer under the programs 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 may require for participation in the program. Such requirements shall include demonstrations of exemplary comprehensive programs to assure--

(A) upper management leadership and active and meaningful employee involvement;

(B) systematic assessment of hazards;

(C) comprehensive hazard prevention, mitigation, and control programs;

(D) employee safety and health training; and

(E) safety and health program evaluation.

(2) ONSITE EVALUATIONS- There shall be onsite evaluations of each permanent worksite by representatives of the Secretary and others from the private and public sector as determined by the Secretary.

(3) INFORMATION- Employers who are approved by the Secretary for participation in a program shall assure the Secretary that such information as is necessary to evaluate the employer's application and continued participation in the program is made available to the Secretary.

(4) REEVALUATIONS- Periodic reevaluations by the Secretary shall be required for continued participation in a program.

(c) PROGRAM ADMINISTRATION-

(1) EXEMPTIONS- A worksite which has been selected to participate in a program shall, while participating in the program, be exempt from inspections or investigations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), except that the exemption shall not apply to inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases.

(2) PROGRAM ACCEPTANCE AND CONTINUED PARTICIPATION- Decisions regarding acceptance into the program and continued participation in the program will be based on the applicant's superior safety and health performance, as determined by the Secretary or the Secretary's authorized representatives.

(3) PROGRAM PARTICIPATION- Decisions regarding participation in a program are in the sole discretion of the Secretary or an authorized representative of the Secretary.

END