To amend the Occupational Safety and Health Act of 1970 to further improve the safety and health of working environments, and for other purposes.

July 22, 2004

Mr. ENZI introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To amend the Occupational Safety and Health Act of 1970 to further improve the safety and health of working environments, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCE.

(a) SHORT TITLE- This Act may be cited as the `Safety Advancement for Employees Act of 2004' or the `SAFE Act'.

(b) REFERENCE- Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

SEC. 2. PURPOSE.

Section 2(b) of the Act (29 U.S.C. 651(b)) is amended--

(1) in paragraph (13), by striking the period and inserting `; and'; and

(2) by adding at the end the following:

`(14) by increasing the joint cooperation of employers, employees, and the Secretary of Labor in the effort to ensure safe and healthful working conditions for employees.'.

SEC. 3. THIRD PARTY CONSULTATION SERVICES PROGRAM.

(a) PROGRAM- The Act (29 U.S.C. 651 et seq.) is amended by inserting after section 8 the following:

`SEC. 8A. THIRD PARTY CONSULTATION SERVICES PROGRAM.

`(a) PURPOSE- It is the purpose of this section to encourage employers to conduct voluntary safety and health audits using the expertise of qualified safety and health consultants and to proactively seek individualized solutions to workplace safety and health concerns.

`(b) ESTABLISHMENT OF PROGRAM-

`(1) IN GENERAL- Not later than 18 months after the date of enactment of this section, the Secretary, in consultation with the advisory committee established under section 7(d), shall establish and implement, by regulation, a program that qualifies individuals to provide consultation services to employers to assist employers in the identification and correction of safety and health hazards in the workplaces of employers.

`(2) ELIGIBILITY- The following individuals shall be eligible to be qualified under the program under paragraph (1) as certified safety and health consultants:

`(A) An individual who is licensed by a State authority as a physician, industrial hygienist, professional engineer, safety engineer, safety professional, or registered nurse.

`(B) An individual who has been employed as an inspector for a State plan State or as a Federal occupational safety and health inspector for not less than a 5-year period.

`(C) An individual who is qualified in an occupational health or safety field by an organization whose program has been accredited by a nationally recognized private accreditation organization or by the Secretary.

`(D) An individual who has not less than 10 years expertise in workplace safety and health.

`(E) Other individuals determined to be qualified by the Secretary.

`(3) GEOGRAPHICAL SCOPE OF CONSULTATION SERVICES- A consultant qualified under the program under paragraph (1) may provide consultation services in any State.

`(4) LIMITATION BASED ON EXPERTISE- A consultant qualified under the program under paragraph (1) may only provide consultation services to an employer with respect to a worksite if the work performed at that worksite coincides with the particular expertise of the individual.

`(c) SAFETY AND HEALTH REGISTRY- The Secretary shall develop and maintain a registry that includes all consultants that are qualified under the program under subsection (b)(1) to provide the consultation services described in subsection (b) and shall publish and make such registry readily available to the general public.

`(d) DISCIPLINARY ACTIONS- The Secretary may revoke the status of a consultant qualified under subsection (b), or the participation of an employer under subsection (b) in the third party consultation program, if the Secretary determines that the consultant or employer--

`(1) has failed to meet the requirements of the program; or

`(2) has committed malfeasance, gross negligence, collusion or fraud in connection with any consultation services provided by the qualified consultant.

`(e) PROGRAM REQUIREMENTS-

`(1) FULL SERVICE CONSULTATION- The consultation services described in subsection (b), and provided by a consultant qualified under the program under subsection (b)(1), shall include an evaluation of the workplace of an employer to determine if the employer is in compliance with the requirements of this Act, including any regulations promulgated pursuant to this Act. Employers electing to participate in such program shall contract with a

consultant qualified under subsection (b)(2) to perform a full service visit and consultation covering the employer's establishment, including a complete safety and health program review. Following the guidance as specified in this section, the consultant shall discuss with the employer the elements of an effective program.

`(2) CONSULTATION REPORT-

`(A) IN GENERAL- After a consultant conducts a comprehensive survey of an employer under a program under this section, the consultant shall prepare and submit to the employer a written report that includes an action plan identifying any violations of this Act, and any appropriate corrective measures to address the violations that are identified using an effective safety and health program.

`(B) ELEMENTS- A consultation report shall contain each of the following elements.

`(i) ACTION PLAN-

`(I) IN GENERAL- An action plan under subparagraph (A) shall be developed in consultation with the employer as part of the initial comprehensive survey. The consultant and the employer shall jointly use the onsite time in the initial visit to the employer's place of business to agree on the terms of the action plan and the time frames for achieving specific items.

`(II) REQUIREMENTS- The action plan shall outline the specific steps that must be accomplished by the employer prior to receiving a certificate of compliance. The action plan shall address in detail--

`(aa) the employer's correction of all identified safety and health hazards, with applicable time frames;

`(bb) the steps necessary for the employer to implement an effective safety and health program, with applicable time frames; and

`(cc) a statement of the employer's commitment to work with the consultation project to achieve a certificate of compliance.

`(ii) SAFETY AND HEALTH PROGRAM- An employer electing to participate in a program under this section shall establish a safety and health program to manage workplace safety and health to reduce injuries, illnesses and fatalities that complies with paragraph (3). Such safety and health program shall be appropriate to the conditions of the workplace involved.

`(3) REQUIREMENTS FOR SAFETY AND HEALTH PROGRAM-

`(A) WRITTEN PROGRAM- An employer electing to participate shall maintain a written safety and health program that contains policies, procedures, and practices to recognize and protect their employees from occupational safety and health hazards. Such procedures shall include provisions for the identification, evaluation and prevention or control of workplace hazards.

`(B) MAJOR ELEMENTS- A safety and health program shall include the following elements, and may include other elements as necessary to the specific worksite involved and as determined appropriate by the qualified consultant and employer:

`(i) EMPLOYER COMMITMENT AND EMPLOYEE INVOLVEMENT-

`(I) IN GENERAL- The existence of both management leadership and employee participation must be demonstrated in accordance with subclauses (II) and (III).

`(II) MANAGEMENT LEADERSHIP- To make a demonstration of management leadership under this subclause, the employer shall--

`(aa) set a clear worksite safety and health policy that employees can fully understand;

`(bb) set and communicate clear goals and objectives with the involvement of employees;

`(cc) provide essential safety and health leadership in tangible and recognizable ways;

`(dd) set positive safety and health examples; and

`(ee) perform comprehensive reviews of safety and health programs for quality assurance using a process which promotes continuous correction.

`(III) EMPLOYEE PARTICIPATION- With respect to employee participation, the employer shall demonstrate a commitment to working to develop a comprehensive, written and operational safety and health program that involves employees in significant ways that affect safety and health. In making such a demonstration, the employer shall--

`(aa) provide for employee participation in actively identifying and resolving safety and health issues in tangible ways that employees can clearly understand;

`(bb) assign safety and health responsibilities in such a way that employees can understand clearly what is expected of them;

`(cc) provide employees with the necessary authority and resources to meet their safety and health responsibilities; and

`(dd) provide that safety and health performance for managers, supervisors and employees be measured in tangible ways.

`(ii) WORKPLACE ANALYSIS- The employer, in consultation with the consultant, shall systematically identify and assess hazards in the following ways:

`(I) Conduct corrective action and regular expert surveys to update hazard inventories.

`(II) Have competent personnel review every planned or new facility, process material, or equipment.

`(III) Train all employees and supervisors, conduct routine joint inspections, and correct items identified.

`(IV) Establish a way for employees to report hazards and provide prompt responses to such reports.

`(V) Investigate worksite accidents and near accidents.

`(VI) Provide employees with the necessary information regarding incident trends, causes and means of prevention.

`(iii) HAZARD PREVENTION- The employer, in consultation with the consultant, shall--

`(I) engage in timely hazard control, working to ensure that hazard controls are fully in place and communicated to employees, with emphasis on engineering controls and enforcing safe work procedures;

`(II) maintain equipment using operators who are trained to recognize maintenance needs and perform or direct timely maintenance;

`(III) provide training on emergency planning and preparation, working to ensure that all personnel know immediately how to respond as a result of effective planning, training, and drills;

`(IV) equip facilities for emergencies with all systems and equipment in place and regularly tested so that all employees know how to communicate during emergencies and how to use equipment; and

`(V) provide for emergency medical situations using employees who are fully trained in emergency medicine.

`(iv) SAFETY AND HEALTH TRAINING- The employer, in consultation with the consultant, shall--

`(I) involve employees in hazard assessment, development and delivery of training;

`(II) actively involve supervisors in worksite analysis by empowering them to ensure physical protections, reinforce training, enforce discipline, and explain work procedures; and

`(III) provide training in safety and health management to managers.

`(4) REINSPECTION- At a time agreed to by the employer and the consultant, the consultant may reinspect the workplace of the employer to verify that the required elements in the consultation report have been satisfied. If such requirements have been satisfied, the employer shall be provided with a certificate of compliance for that workplace by the qualified consultant.

`(f) EXEMPTION FROM CIVIL PENALTIES FOR COMPLIANCE-

`(1) IN GENERAL- If an employer enters into a contract with an individual qualified under the program under this section, to provide consultation services described in subsection (b), and receives a certificate of compliance under subsection (e)(4), the employer shall be exempt from the assessment of any civil penalty under section 17 for a period of 1 year after the date on which the employer receives such certificate.

`(2) EXCEPTIONS- An employer shall not be exempt under paragraph (1)--

`(A) if the employer has not made a good faith effort to remain in compliance as required under the certificate of compliance; or

`(B) to the extent that there has been a fundamental change in the hazards of the workplace.

`(g) RIGHT TO INSPECT- Nothing in this section shall be construed to affect the rights of the Secretary to inspect and investigate worksites covered by a certificate of compliance.

`(h) RENEWAL REQUIREMENTS- An employer that is granted a certificate of compliance under this section may receive a 1 year renewal of the certificate if the following elements are satisfied:

`(1) A qualified consultant shall conduct a complete onsite safety and health survey to ensure that the safety and health program has been effectively maintained or improved, workplace hazards are under control, and elements of the safety and health program are operating effectively.

`(2) The consultant, in an onsite visit by the consultant, has determined that the program requirements have been complied with and the health and safety program has been operating effectively.

`(i) NON-FIXED WORKSITES- With respect to employer worksites that do not have a fixed location, a certificate of compliance shall only apply to that worksite which satisfies the criteria under this section and such certificate shall not be portable to any other worksite. This section shall not apply to service establishments that utilize essentially the same work equipment at each non-fixed worksite.'.

SEC. 4. ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE.

Section 7 of the Act (29 U.S.C. 656) is amended by adding at the end the following:

`(d)(1) Not later than 6 months after the date of enactment of this subsection, the Secretary shall establish an advisory committee (pursuant to the Federal Advisory Committee Act (5 U.S.C. App.)) to carry out the duties described in paragraph (3).

`(2) The advisory committee shall be composed of--

`(A) 3 members who are employees;

`(B) 3 members who are employers;

`(C) 2 members who are members of the general public; and

`(D) 1 member who is a State official from a State plan State.

Each member of the advisory committee shall have expertise in workplace safety and health as demonstrated by the educational background of the member.

`(3) The advisory committee shall advise and make recommendations to the Secretary with respect to the establishment and implementation of a consultation services program under section 8A.'.

SEC. 5. CONTINUING EDUCATION AND PROFESSIONAL CERTIFICATION FOR CERTAIN OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION PERSONNEL.

Section 8 of the Act (29 U.S.C. 657) is amended by adding at the end the following:

`(i) Any Federal employee responsible for enforcing this Act shall, not later than 2 years after the date of enactment of this subsection or 2 years after the initial employment of the employee involved, meet the eligibility requirements prescribed under subsection (b)(2) of section 8A.

`(j) The Secretary shall ensure that any Federal employee responsible for enforcing this Act who carries out inspections or investigations under this section, receive professional education and training at least every 5 years as prescribed by the Secretary.'.

SEC. 6. EXPANDED INSPECTION METHODS.

(a) PURPOSE- It is the purpose of this section to empower the Secretary of Labor to achieve increased employer compliance by using, at the Secretary's discretion, more efficient and effective means for conducting inspections.

(b) GENERAL- Section 8(f) of the Act (29 U.S.C. 657(f) is amended--

(1) by adding at the end the following:

`(3) The Secretary or an authorized representative of the Secretary may, as a method of investigating an alleged violation or danger under this subsection, attempt, if feasible, to contact an employer by telephone, facsimile, or other appropriate methods to determine whether--

`(A) the employer has taken corrective actions with respect to the alleged violation or danger; or

`(B) there are reasonable grounds to believe that a hazard exists.

`(4) The Secretary is not required to conduct an inspection under this subsection if the Secretary determines that a request for an inspection was made for reasons other than the safety and health of the employees of an employer or that the employees of an employer are not at risk.'.

SEC. 7. WORKSITE-SPECIFIC COMPLIANCE METHODS.

Section 9 of the Act (29 U.S.C. 658) is amended by adding at the end the following:

`(d) A citation issued under subsection (a) to an employer who violates section 5, any standard, rule, or order promulgated pursuant to section 6, or any other regulation promulgated under this Act shall be vacated if such employer demonstrates that the employees of such employer were protected by alternative methods that are equally or more protective of the safety and health of the employees than the methods required by such standard, rule, order, or regulation in the factual circumstances underlying the citation.

`(e) Subsection (d) shall not be construed to eliminate or modify other defenses that may exist to any citation.'.

SEC. 8. TECHNICAL ASSISTANCE PROGRAM.

(a) IN GENERAL- Section 21(c) of the Act (29 U.S.C. 670(c)) is amended--

(1) by striking `(c) The' and inserting `(c)(1) The';

(2) by striking `(1) provide' and inserting `(A) provide';

(3) by striking `(2) consult' and inserting `(B) consult'; and

(4) by adding at the end the following:

`(2)(A) The Secretary shall, through the authority granted under section 7(c) and paragraph (1), enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions.

`(B)(i) Except as provided in clause (ii), the Secretary shall reimburse a State that enters into a cooperative agreement under subparagraph (A) in an amount that equals 90 percent of the costs incurred by the State for the provision of consultation services under such agreement.

`(ii) A State shall be reimbursed by the Secretary for 90 percent of the costs incurred by the State for the provision of--

`(I) training approved by the Secretary for State personnel operating under a cooperative agreement; and

`(II) specified out-of-State travel expenses incurred by such personnel.

`(iii) A reimbursement paid to a State under this subparagraph shall be limited to costs incurred by such State for the provision of consultation services under this paragraph and the costs described in clause (ii).'.

(b) PILOT PROGRAM- Section 21 of the Act (29 U.S.C. 670) is amended by adding at the end the following:

`(e)(1) Not later than 90 days after the date of enactment of this subsection, the Secretary shall establish and carry out a pilot program in 3 States to provide expedited consultation services, with respect to the provision of safe and healthful working conditions, to employers that are small businesses (as the term is defined by the Administrator of the Small Business Administration). The Secretary shall carry out the program for a period of not to exceed 2 years.

`(2) The Secretary shall provide consultation services under paragraph (1) not later than 4 weeks after the date on which the Secretary receives a request from an employer.

`(3) The Secretary may impose a nominal fee to an employer requesting consultation services under paragraph (1). The fee shall be in an amount determined by the Secretary. Employers paying a fee shall receive priority consultation services by the Secretary.

`(4) In lieu of issuing a citation under section 9 to an employer for a violation found by the Secretary during a consultation under paragraph (1), the Secretary shall permit the employer to carry out corrective measures to correct the conditions causing the violation. The Secretary shall conduct not more than 2 visits to the workplace of the employer to determine if the employer has carried out the corrective measures. The Secretary shall issue a citation as prescribed under section 5 if, after such visits, the employer has failed to carry out the corrective measures.

`(5) Not later than 90 days after the termination of the program under paragraph (1), the Secretary shall prepare and submit a report to the appropriate committees of Congress that contains an evaluation of the implementation of the pilot program.'.

SEC. 9. VOLUNTARY PROTECTION PROGRAMS.

(a) COOPERATIVE AGREEMENTS- The Secretary of Labor shall establish cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include--

(1) requirements for systematic assessment of hazards;

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

(3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and

(4) employee safety and health training.

(b) VOLUNTARY PROTECTION PROGRAM-

(1) IN GENERAL- The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards.

(2) PROGRAM REQUIREMENT- The voluntary protection program shall include the following:

(A) 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.

(B) 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.).

(C) 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 of the employers shall be made readily available to the Secretary of Labor to share with employees.

(D) REEVALUATIONS- Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the program.

(3) EXEMPTIONS- A site with respect to which a 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.

(4) INCREASED SMALL BUSINESS PARTICIPATION- The Secretary of Labor shall establish and implement, by regulation, a program to increase participation by small businesses (as the term is defined by the Administrator of the Small Business Administration) in the voluntary protection program through outreach and assistance initiatives and developing program requirements that address the needs of small businesses.

SEC. 10. PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE.

The Act (29 U.S.C. 651 et seq.) is amended by adding at the end the following:

`SEC. 34. ALCOHOL AND SUBSTANCE ABUSE TESTING.

`(a) PROGRAM PURPOSE- In order to secure a safe workplace, employers may establish and carry out an alcohol and substance abuse testing program in accordance with subsection (b).

`(b) FEDERAL GUIDELINES-

`(1) REQUIREMENTS- An alcohol and substance abuse testing program described in subsection (a) shall meet the following requirements:

`(A) SUBSTANCE ABUSE- A substance abuse testing program shall permit the use of an onsite or offsite testing.

`(B) ALCOHOL- The alcohol testing component of the program shall take the form of alcohol breath analysis and shall conform to any guidelines developed by the Secretary of Transportation for alcohol testing of mass transit employees under the Department of Transportation and Related Agencies Appropriations Act, 1992.

`(2) DEFINITION- For purposes of this section the term `alcohol and substance abuse testing program' means any program under which test procedures are used to take an analyze blood, breath, hair, urine, saliva, or other body fluids or materials for the purpose of detecting the presence or absence

of alcohol or a drug or its metabolites. In the case of urine testing, the confirmation tests must be performed in accordance with the mandatory guidelines for Federal workplace testing programs published by the Secretary of Health and Human Services on April 11, 1988, at section 11979 of title 53, Code of Federal Regulations (including any amendments to such guidelines). Proper laboratory protocols and procedures shall be used to assure accuracy and fairness and laboratories must be subject to the requirements of subpart B of the mandatory guidelines, State certification, the Clinical Laboratory Improvements Act of the College of American Pathologists.

`(c) TEST REQUIREMENTS- This section shall not be construed to prohibit an employer from requiring--

`(1) an applicant for employment to submit to and pass an alcohol or substance abuse test before employment by the employer; or

`(2) an employee, including managerial personnel, to submit to and pass an alcohol or substance abuse test--

`(A) on a for-cause basis or where the employer has reasonable suspicion to believe that such employee is using or is under the influence of alcohol or a controlled substance;

`(B) where such test is administered as part of a scheduled medical examination;

`(C) in the case of an accident or incident, involving the actual or potential loss of human life, bodily injury, or property damage;

`(D) during the participation of an employee in an alcohol or substance abuse treatment program, and for a reasonable period of time (not to exceed 5 years) after the conclusion of such program; or

`(E) on a random selection basis in work units, locations, or facilities.

`(d) CONSTRUCTION- Nothing in this section shall be construed to require an employer to establish an alcohol and substance abuse testing program for applicants or employees or make employment decisions based on such test results.

`(e) PREEMPTION- The provisions of this section shall not preempt any provision of State law to the extent that such State law is inconsistent with this section.

`(f) INVESTIGATIONS- The Secretary is authorized to conduct testing of employees (including managerial personnel) of an employer for use of alcohol or controlled substances during any investigations of a work-related fatality or serious injury.'.

SEC. 11. DISCRETIONARY COMPLIANCE ASSISTANCE.

Subsection (a) of section 9 of the Act (29 U.S.C. 658(a)) is amended to read as follows:

`(a)(1) Nothing in this Act shall be construed as prohibiting the Secretary or the authorized representative of the Secretary from providing technical or compliance assistance to an employer in correcting a violation discovered during an inspection or investigation under this Act without issuing a citation.

`(2) Except as provided in paragraph (3), if, upon an inspection or investigation, the Secretary or an authorized representative of the Secretary believes that an employer has violated a requirement of section 5, of any regulation, rule, or order promulgated pursuant to section 6, or of any regulations prescribed pursuant to this Act, the Secretary may with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of a violation, including a reference to the provision of the Act, regulation, rule, or order alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation.

`(3) The Secretary or the authorized representative of the Secretary--

`(A) may issue a warning in lieu of a citation with respect to a violation that has no significant relationship to employee safety or health; and

`(B) may issue a warning in lieu of a citation in cases in which an employer in good faith acts promptly to abate a violation if the violation is not a willful or repeated violation.'.

SEC. 12. HAZARD COMMUNICATION.

(a) MODEL MATERIAL SAFETY DATA SHEETS-

(1) PURPOSE- It is the purpose of this section to assist chemical manufactures and importers in preparing material safety data sheets pursuant to the requirements of the Hazard Communication standard published at section 1910.1200 of title 29, Code of Federal Regulations, and to improve the accuracy, consistency, and comprehensibility of such material safety data sheets.

(2) MODEL MATERIAL SAFETY DATA SHEETS FOR HIGHLY HAZARDOUS CHEMICALS- The Secretary of Labor shall develop model material safety data sheets for the list of highly hazardous chemicals contained in Appendix A to the Process Safety Management of Highly Hazardous Chemicals standard published at section 1910.119 of title 29, Code of Federal Regulations. Such model material safety data sheets shall--

(A) comply with the requirements of the Hazard Communication standard published at section 1910.100 of such title 29;

(B) be presented in a consistent format that enhances the reliability and comprehensibility of information about chemical hazards in the workplace and protective measures; and

(C) be made available to the public, including through posting on the Occupational Safety and Health Administration's website, within 18 months after the date of enactment of this Act.

(3) CONSTRUCTION- Nothing in this subsection shall be construed to--

(A) modify or amend the Hazard Communication standard published at section 1910.1200 of title 29, Code of Federal Regulations, the Process Safety Management of Highly Hazardous Chemicals standard published at section 1910.119 of such title 29, or any other provision of law; and

(B) authorize the Secretary of Labor to include in the model material safety data sheet developed under this subsection any suggestion or recommendation as to permissible or appropriate workplace exposure levels for these chemicals.

(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Labor such sums as may be necessary to carry out this subsection.

(b) GLOBALLY HARMONIZED SYSTEM COMMISSION-

(1) ESTABLISHMENT- Not later than 6 months after the date of enactment of this Act, there shall be established a commission, to be known as the Global Harmonization Commission (referred to in this subsection as the `Commission'), to consider the implementation of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals to improve chemical hazard communication and to make recommendations to Congress.

(2) MEMBERSHIP- The Commission shall be composed of 13 members of whom--

(A) 1 shall be the Secretary of Labor;

(B) 1 shall be the Secretary of Transportation;

(C) 1 shall be the Secretary of Health and Human Services;

(D) 1 shall be the Administrator of the Environmental Protection Agency;

(E) 1 shall be the Chairman of the Consumer Product Safety Commission; and

(F) 8 shall be appointed by the Secretary of Labor, of whom--

(i) 2 shall be representatives of manufacturers of hazardous chemicals, including a representative of small businesses;

(ii) 2 shall be representatives of employers who are extensive users of hazardous chemicals supplied by others, including a representative of small businesses;

(iii) 2 shall be representatives of labor organizations; and

(iv) 2 shall be occupational safety and health professionals with expertise in chemical hazard communications.

(3) CHAIR AND VICE-CHAIR- The members of the Commission shall select a chair and vice-chair from among its members.

(4) DUTIES-

(A) STUDY AND RECOMMENDATIONS- The Commission shall conduct a thorough study of, and shall develop recommendations on, the following issues relating to the global harmonization of hazardous chemical communication:

(i) Whether the United States should adopt any or all of the elements of the United Nation's Globally Harmonized System of Classification and Labeling of Chemicals (referred to in this subsection and the `Globally Harmonized System').

(ii) How the Globally Harmonized System should be implemented by the Federal agencies with relevant jurisdiction, taking into consideration the role of the States acting under delegated authority.

(iii) How the Globally Harmonized System compares to existing chemical hazard communication laws and regulations, including the Hazard Communication standard published at section 1910.1200 of title 29, Code of Federal Regulations.

(iv) A consideration of the impact of adopting the Globally Harmonized System on the consistency, effectiveness, comprehensiveness, timing, accuracy, and comprehensibility of chemical hazard communication in the United States.

(v) A consideration of the impact of adopting the Globally Harmonized System on occupational safety and health in the United States.

(vi) A consideration of the impact of adopting the Globally Harmonized System on tort, insurance, and workers compensation laws in the United States.

(vii) A consideration of the impact of adopting the Globally Harmonized System on the ability to bring new products to the market in the United States.

(viii) A consideration of the cost and benefits of adopting the Globally Harmonized System to businesses, including small businesses, in the United States.

(ix) Effective compliance assistance, training, and outreach to help chemical manufacturers, importers, and users, particularly small businesses, understand and comply with the Globally Harmonized System.

(B) REPORT- Not later than 18 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report containing a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation as the Commission considers appropriate.

(5) POWERS-

(A) HEARINGS- The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. The Commission shall, to the maximum extent possible, use existing data and research to carry out this section.

(B) INFORMATION FROM FEDERAL AGENCIES- The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request by the Commission, the head of such department or agency shall promptly furnish such information to the Commission.

(C) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(6) PERSONNEL MATTERS-

(A) COMPENSATION; TRAVEL EXPENSES- Each member of the Commission shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(B) STAFF AND EQUIPMENT- The Department of the Labor shall provide all financial, administrative, and staffing requirements for the Commission including--

(i) office space;

(ii) furnishings; and

(iii) equipment.

(7) TERMINATION- The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report required under paragraph (3)(B).

(8) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Department of Labor, such sums as may be necessary to carry out this subsection.

(c) HAZARD COMMUNICATION DEMONSTRATION PROJECTS-

(1) IN GENERAL- Section 20(a) of the Act (29 U.S.C. 670(a)) is amended by adding at the end the following:

`(8) Subject to the availability of appropriations, the Secretary of Health and Human Services, after consultation with the Secretary, shall award grants to one or more qualified applicants in order to carry out a demonstration project to development, implement, or evaluate strategies or programs to improve chemical hazard communication in the workplace through the use of technology, which may include electronic or Internet-based hazard communication systems.'.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out the amendment made by paragraph (1).

SEC. 13. CRIMINAL PENALTIES.

Subsection (e) of section 17 of the Act (29 U.S.C. 666(e)) is amended--

(1) by striking `fine of not more than $10,000' and inserting `fine in accordance with section 3571 of title 18, United States Code';

(2) by striking `six months' and inserting `18 months';

(3) by striking `fine of not more than $20,000' and inserting `fine in accordance with section 3571 of title 18, United States Code'; and

(4) by striking `1 year' and inserting `3 years'.

END