[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2844 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2844
To authorize the Department of Labor's voluntary protection program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2025
Mrs. Harshbarger (for herself and Mr. Thompson of California)
introduced the following bill; which was referred to the Committee on
Education and Workforce
_______________________________________________________________________
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 ``Michael Enzi Voluntary Protection
Program Act''.
SEC. 2. MICHAEL ENZI VOLUNTARY PROTECTION PROGRAM.
(a) Program Established.--The Secretary of Labor shall establish a
program of recognizing employers' voluntary commitment to establish
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) Michael Enzi Voluntary Protection Program Established.--
(1) Establishment.--
(A) 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.
(B) Designation.--The voluntary protection program
carried out under this section shall be known as the
``Michael Enzi Voluntary Protection Program'' (referred
to in this Act as the ``Program'').
(2) Program requirements.--The 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) Self-evaluations and onsite evaluations.--
(i) Self-evaluations.--Employers approved
by the Secretary of Labor for participation in
the Program shall conduct annual self-
evaluations in accordance with regulations
promulgated by the Secretary.
(ii) 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.). Any serious
hazard or violation identified during such
onsite evaluation shall be corrected within a
90-day period or, if such time period is not
feasible, as soon as practicable.
(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.
(E) Oversight.--Worksite audits and evaluations and
other activities related to participation in the
Program shall--
(i) remain under the direct supervision of
employees of the Occupational Safety and Health
Administration whom the Director of the
Directorate of Cooperative and State Programs
designates; and
(ii) be conducted by special Government
employees, as defined in section 202(a) of
title 18, United States Code, under the direct
supervision of the employees designated under
clause (i).
(3) Monitoring.--To ensure proper controls and measurement
of program performance for the 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 Program.
(B) Establish internal controls that ensure
consistent compliance by the regional offices of the
Occupational Safety and Health Administration with the
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 Program by developing specific
performance goals and measures for the Program.
(4) Exemptions.--A worksite with respect to which a Program
has been approved shall, during participation in the Program,
be exempt from programmed inspections.
(5) No payments required.--The Secretary of Labor shall not
require any form of payment for an employer to qualify for or
participate in the Program.
(6) Modernization of technology to administer the
program.--
(A) Written plan.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Labor
shall establish a written plan to modernize the
technology used to administer the Program.
(B) Contents of plan.--The plan required under
subparagraph (A) shall include the procurement,
directly or through partnerships with nonprofit
organizations, of software or platforms that will
modernize the administration of--
(i) the application process under the
Program;
(ii) the annual self-evaluation submission
required under paragraph (2)(B)(i);
(iii) the worksite audit reporting process
under the Program; and
(iv) other functions that directly affect
the efficiency of the Program's operations for
the Occupational Safety and Health
Administration and for current and prospective
employers participating in the Program.
(c) Basic, No-Cost Tiered Safety and Health Management System
Challenge Program.--
(1) In general.--The Secretary of Labor shall modernize and
support a tiered challenge program in the Occupational Safety
and Health Administration (consistent with subsection (a)) to
serve as a safety and health management system evaluation tool
for employers participating in the Program.
(2) No payment required.--The Secretary shall not require
any form of payment for participation in the Challenge program
under this subsection.
(d) Transition.--The Secretary of Labor shall take such steps as
may be necessary for the orderly transition from the voluntary
protection program carried out by the Occupational Safety and Health
Administration as of the day before the date of enactment of this Act,
to the Program authorized under this section. In making such
transition, the Secretary shall ensure that--
(1) the 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, was participating in a voluntary
protection program carried out by the Occupational Safety and
Health Administration and was in good standing with respect to
the duties and responsibilities under such program, shall have
the option to continue participating in the Program authorized
under this section.
(e) 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 Program authorized under this section and
shall begin implementation of the Program.
(f) Funding.--Of the funds appropriated for the Occupational Safety
and Health Administration for a fiscal year, the Secretary of Labor
shall use an amount that is not less than 5 percent of such funds to
carry out this Act for such fiscal year.
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