Voluntary Protection Program Act
This bill provides statutory authority for the voluntary protection program within the Occupational Safety and Health Administration (OSHA). Under the program, management, labor, and OSHA must establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 904 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 904
To authorize the Department of Labor's voluntary protection program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2019
Mr. Enzi (for himself, Mr. Bennet, Mr. Isakson, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize the Department of Labor's voluntary protection program.
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 ``Voluntary Protection Program Act''.
SEC. 2. VOLUNTARY PROTECTION PROGRAM.
(a) Cooperative Agreements.--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--
(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 requirements.--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 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) Monitoring.--To ensure proper controls and measurement
of program performance for the voluntary protection program
under this section, the Secretary of Labor shall direct the
Assistant Secretary of Labor for Occupational Safety and Health
to take the following actions:
(A) 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.
(B) 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.
(C) Establish a system for monitoring the
performance of the voluntary protection program by
developing specific performance goals and measures for
the program.
(4) 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.
(5) 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.
(c) 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 section. In making
such transition, the Secretary shall ensure that--
(1) the voluntary protection program authorized under this
section is based upon and consistent with the voluntary
protection programs carried out on the day before the date of
enactment of this Act; and
(2) 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
section.
(d) Regulations and Implementation.--Not later than 2 years after
the date of enactment of this Act, the Secretary of Labor shall issue
final regulations for the voluntary protection program authorized under
this section and shall begin implementation of the program.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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