Text: H.R.3160 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3160 SC2
102d CONGRESS
2d Session
 H. R. 3160
To revise the Occupational Safety and Health Act of 1970.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 1, 1991
Mr. FORD of Michigan (for himself, Mr. GAYDOS, Mr. CLAY, Mr. MILLER of
California, Mr. MURPHY, Mr. KILDEE, Mr. MARTINEZ, Mr. OWENS of New York,
Mr. HAYES of Illinois, Mr. PERKINS, Mr. SAWYER, Mr. PAYNE of New Jersey,
Mrs. UNSOELD, Mr. WASHINGTON, Mr. SERRANO, Mrs. MINK, Mr. JEFFERSON, Mr. OLVER,
and Mr. DE LUGO) introduced the following bill; which was referred jointly
to the Committees on Education and Labor and Post Office and Civil Service
January 24, 1992
Additional sponsors: Mr. ANNUNZIO, Mr. BERMAN, Mr. DELLUMS, Mr. EVANS,
Mr. FASCELL, Mr. FORD of Tennessee, Mr. HALL of Ohio, Mr. HERTEL,
Mr. JONTZ, Mr. KLECZKA, Mr. LAFALCE, Mr. LANTOS, Mr. MINETA, Mr. MURTHA,
Ms. NORTON, Ms. PELOSI, Mr. PRICE, Mr. RAHALL, Mr. RANGEL, Mr. ROSE,
Mr. STARK, Mr. TRAFICANT, Mr. VISCLOSKY, Mr. DURBIN, Mr. DWYER of New Jersey,
Mr. EDWARDS of California, Mr. FRANK of Massachusetts, Mr. KOLTER, Mrs. LOWEY
of New York, Mr. MCCLOSKEY, Mr. MCDERMOTT, Mr. NEAL of Massachusetts,
Ms. OAKAR, Mr. OBERSTAR, Mr. REED, Mr. SABO, Mr. SANDERS, Mr. SCHEUER,
Ms. SLAUGHTER, Mr. TORRES, Mr. TRAXLER, Mr. VENTO, Ms. WATERS, Mr. WAXMAN,
Mr. WYDEN, Mr. ABERCROMBIE, Mr. ANDREWS of New Jersey, Mr. ANDREWS of Maine,
Mr. AUCOIN, Mrs. BOXER, Mr. BROWN, Mr. COLEMAN of Texas, Mr. COSTELLO,
Mr. DICKS, Mr. DOWNEY, Mr. DYMALLY, Mr. FAZIO, Mr. FOGLIETTA, Mr. FROST,
Mr. GONZALEZ, Mr. HOCHBRUECKNER, Ms. KAPTUR, Mr. LEVINE of California,
Mr. PALLONE, Mr. PETERSON of Minnesota, Mr. POSHARD, Mr. CONYERS, Mr. DIXON,
Mr. LIPINSKI, Mr. MARKEY, Mr. MRAZEK, Mr. RUSSO, and Mr. STUDDS
March 25, 1992
Additional sponsors: Mr. FLAKE, Mr. KOPETSKI, Mr. LUKEN, Mr. MATSUI,
Mr. SCHUMER, Mr. SIKORSKI, Mr. TOWNS, Mr. ACKERMAN, Mr. BONIOR, Mr. BORSKI,
Mr. BRUCE, Mr. BRYANT, Mrs. COLLINS of Illinois, Mr. COYNE, Mr. ENGEL,
Mr. ESPY, Mr. KENNEDY, Mrs. KENNELLY, Mr. LEHMAN of Florida, Mr. MOAKLEY,
Mr. PEASE, Mr. SAVAGE, Mr. STAGGERS, Mr. STOKES, Mr. TORRICELLI, Mr. WEISS,
and Mr. YATES
A BILL
To revise the Occupational Safety and Health Act of 1970.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.
  (a) SHORT TITLE- This Act may be cited as the `Comprehensive Occupational
  Safety and Health Reform Act'.
  (b) REFERENCE- Except as otherwise specifically provided, 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.).
  (c) TABLE OF CONTENTS- The table of contents is as follows:
Sec. 1. Short title; reference; table of contents.
Sec. 2. Findings.
TITLE I--SAFETY AND HEALTH PROGRAMS
Sec. 101. Safety and health programs.
TITLE II--SAFETY AND HEALTH COMMITTEES AND EMPLOYEE SAFETY AND HEALTH
REPRESENTATIVES
Sec. 201. Safety and health committees and employee safety and health
representatives.
TITLE III--COVERAGE
Sec. 301. Extension of coverage to public employees.
Sec. 302. Application of Act.
Sec. 303. Application of OSHA to DOE nuclear facilities.
Sec. 304. Extension of employer duties to all employees working at a place
of employment.
TITLE IV--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Sec. 401. Time frames for setting standards.
Sec. 402. Occupational safety and health standard.
Sec. 403. Recording of work-related illnesses.
Sec. 404. Public disclosure of all communications on standards.
Sec. 405. Revision of permissible exposure limits.
Sec. 406. Exposure monitoring and medical surveillance.
Sec. 407. Standard on ergonomic hazards.
Sec. 408. Timetable for specific standards.
TITLE V--ENFORCEMENT
Sec. 501. No loss of employee pay for inspections.
Sec. 502. Time frame for response.
Sec. 503. Complaints.
Sec. 504. Mandatory special emphasis.
Sec. 505. Investigations of deaths and serious incidents.
Sec. 506. Abatement of serious hazards during employer contests.
Sec. 507. Right to contest citations and penalties.
Sec. 508. Right of employee representatives to participate in other
proceedings.
Sec. 509. Objections to modification of citations.
Sec. 510. Imminent danger inspections.
Sec. 511. Citations and penalties for violations of section 27 and section 28.
Sec. 512. OSHA criminal penalties.
TITLE VI--PROTECTION OF EMPLOYEES FROM DISCRIMINATION
Sec. 601. Antidiscrimination provisions.
TITLE VII--OSHA AND NIOSH TRAINING AND EDUCATION
Sec. 701. OSHA and NIOSH training activities.
TITLE VIII--RECORDKEEPING AND REPORTING
Sec. 801. Data collected by Secretary.
Sec. 802. Employee reported illnesses.
Sec. 803. Employee access.
TITLE IX--NIOSH
Sec. 901. Hazard evaluation reports.
Sec. 902. Safety research.
Sec. 903. Information and education about occupational illnesses.
Sec. 904. Contractor rights.
Sec. 905. National surveillance program.
Sec. 906. Establishment of NIOSH as a separate agency within Public Health
Service.
Sec. 907. Conforming amendments changing references from HEW to HHS.
TITLE X--STATE PLANS
Sec. 1001. State plan committees and programs.
Sec. 1002. Access to information; employee rights.
Sec. 1003. Application of Federal standards.
Sec. 1004. Complaints against a State plan.
Sec. 1005. Action against State plan.
Sec. 1006. State plan conforming amendments.
TITLE XI--VICTIM'S RIGHTS
Sec. 1101. Victim's rights.
TITLE XII--WORKER'S COMPENSATION STUDY
Sec. 1201. Commission.
TITLE XIII--EFFECTIVE DATE
Sec. 1301. Effective date.
SEC. 2. FINDINGS.
  Congress finds that--
  (1) during the past two decades progress has been made in reducing workplace
  deaths, injuries, and exposure to toxic substances through efforts of
  Federal agencies, States, employers, employees, and employee representatives;
  (2) despite the progress described in paragraph (1), work-related injuries,
  illnesses, and deaths continue to occur at rates that are unacceptable and
  that impose a substantial burden upon employers, employees, and the Nation
  in terms of lost production, wage loss, medical expenses, compensation
  payments, and disability;
  (3) employers and employees are not sufficiently involved in working
  together in joint efforts to identify and correct occupational safety and
  health hazards;
  (4) employers and employees require better training to identify safety
  and health problems;
  (5) Federal agency standard setting has not kept pace with knowledge about
  safety and health hazards;
  (6) enforcement of occupational safety and health standards has not been
  adequate to bring about timely abatement of hazardous conditions or to
  deter violations of occupational safety and health standards.
  (7) millions of employees exposed to serious occupational safety and health
  hazards are excluded from full coverage under the Occupational Safety and
  Health Act of 1970; and
  (8) the lack of accurate data and information on work-related deaths,
  injuries, and illnesses has impeded efforts to prevent such deaths,
  injuries, and illnesses.
TITLE I--SAFETY AND HEALTH PROGRAMS
SEC. 101. SAFETY AND HEALTH PROGRAMS.
  (a) IN GENERAL- Section 27 (29 U.S.C. 676) is amended to read as follows:
`SEC. 27. SAFETY AND HEALTH PROGRAMS.
  `(a) IN GENERAL-
  `(1) PURPOSE- Each employer shall establish and carry out in accordance
  with this section a safety and health program to reduce or eliminate
  hazards and to prevent injuries and illnesses to employees.
  `(2) MODIFICATIONS TO SAFETY AND HEALTH PROGRAMS- The Secretary may by
  regulations issued under subsection (c)(1) modify the application of the
  requirements of this section to classes of employers where the Secretary
  determines that, in light of the nature of the risks faced by the employer's
  employees, such a modification would not reduce the employees' safety and
  health protection.
  `(3) WORKSITE DEFINITION- As used in this section and section 28, the term
  `worksite' means a single physical location where business is conducted
  or operations are performed by employees of an employer.
  `(b) REQUIREMENTS- Each employer covered by this section shall establish
  and carry out a written safety and health program that includes--
  `(1) methods and procedures for identifying, evaluating, and documenting
  safety and health hazards;
  `(2) methods and procedures for correcting the safety and health hazards
  identified under paragraph (1);
  `(3) methods and procedures for investigating work-related illnesses,
  injuries, and deaths;
  `(4) methods and procedures for providing occupational safety and health
  services, including emergency response and first aid procedures;
  `(5) methods and procedures for employee participation in the implementation
  of the employer's safety and health program, including participation through
  a safety and health committee established under section 28, where applicable;
  `(6) methods and procedures for responding to the recommendations of a
  safety and health committee;
  `(7) methods and procedures for providing safety and health training and
  education to employees and to members of a safety and health committee
  established under section 28;
  `(8) the designation of a representative of the employer who has the
  qualifications and responsibility to identify safety and health hazards
  and the authority to initiate corrective action where appropriate;
  `(9) in the case of a worksite where employees of two or more employers
  work, procedures for each employer to protect employees at the worksite
  from hazards under the employer's control, including procedures to provide
  information on safety and health hazards to other employers and employees
  at the worksite, and;
  `(10) such other provisions as the Secretary requires to effectuate the
  purposes of this Act.
  `(c) REGULATIONS ON EMPLOYER SAFETY AND HEALTH PROGRAMS-
  `(1) IN GENERAL- The Secretary shall within one year of the effective date
  of the Comprehensive Occupational Safety and Health Reform Act issue final
  regulations on employer safety and health programs required by subsection
  (a).
  `(2) REGULATIONS ON TRAINING AND EDUCATION- The regulations of the
  Secretary under paragraph (1) respecting an employer's safety and health
  program shall--
  `(A) provide for training and education of employees, including safety
  and health committee members, in a manner that is readily understood by
  such employees, concerning safety and health hazards, control measures,
  the employer's safety and health program, employee rights and applicable
  laws and regulations;
  `(B) provide for training and education of safety and health committee
  members concerning methods and procedures for hazard recognition and control,
  the conduct of worksite safety and health inspections, the rights of the
  safety and health committee, and other information necessary to carry out
  the activities of the committee under section 28;
  `(C) require that training and education be provided to employees at the
  time of employment and to safety and health committee members at the time
  of selection; and
  `(D) require that refresher training be provided on at least an annual basis
  and that additional training be provided to employees and to safety and
  health committee members when there are changes in conditions or operations
  that may expose employees to new or different safety or health hazards
  or when there are changes in safety and health regulations or standards
  under this Act that apply to the employer.
  `(3) NO LOSS OF PAY- Training and education provided in accordance with
  the regulations of the Secretary shall be considered hours worked and shall
  be provided by an employer at no cost, and with no loss of pay, benefits,
  or seniority to employees of the employer.'.
TITLE II--SAFETY AND HEALTH COMMITTEES AND EMPLOYEE SAFETY AND HEALTH
REPRESENTATIVES
SEC. 201. SAFETY AND HEALTH COMMITTEES AND EMPLOYEE SAFETY AND HEALTH
REPRESENTATIVES.
  Section 28 is amended to read as follows:
`SEC. 28. SAFETY AND HEALTH COMMITTEES AND EMPLOYEE SAFETY AND HEALTH
REPRESENTATIVES.
  `(a) REQUIREMENT- Each employer of 11 or more employees shall provide for
  safety and health committees and employee safety and health representatives
  in accordance with this section.
  `(b) SAFETY AND HEALTH COMMITTEE-
  `(1) IN GENERAL- Each employer covered by this section shall establish a
  safety and health committee at each worksite of the employer (hereinafter
  in this section referred to as the `committee'), except that by regulation
  the Secretary may modify the application of this requirement--
  `(A) to an employer whose employees do not primarily report to or work at
  a fixed location;
  `(B) to covered employers at worksites at which less than 11 employees
  are employed; or
  `(C) to worksites where employees of more than one employer are employed.
Each employer required to establish a committee shall, pursuant to regulations
issued by the Secretary, enable the committee to exercise the rights set
forth in this section.
  `(2) MEMBERSHIP- Each committee shall consist of the employee safety
  and health representatives elected or appointed under subsection (c)(2)
  and, as determined by the employer, up to an equal number of employer
  representatives.
  `(3) CHAIRPERSONS- Each committee shall be cochaired by--
  `(A) an employer representative, selected by the employer; and
  `(B) an employee representative, selected by the employee members of
  the committee.
  `(4) RIGHTS- Each committee shall have the right, within reasonable limits
  and in a reasonable manner, to--
  `(A) review any safety and health program established under section 27;
  `(B) review incidents resulting in work-related deaths, injuries, and
  illnesses and complaints regarding safety or health hazards by employees
  or committee members;
  `(C) review, upon request of the committee or upon request of employer or
  employee representatives on the committee, the employer's work injury and
  illness records, other than personally identifiable medical information,
  and other reports or documents relating to occupational safety and health;
  `(D) conduct inspections of the worksite at least once every 3 months and
  in response to complaints regarding safety or health hazards by employees
  or committee members;
  `(E) conduct interviews with employees in conjunction with inspections of
  the worksite;
  `(F) conduct meetings at least once every 3 months and maintain written
  minutes of such meetings;
  `(G) observe the measurement of employee exposure to toxic materials and
  harmful physical agents;
  `(H) establish procedures for exercising the rights of the committee;
  `(I) make--
  `(i) recommendations on behalf of the committee and in making such
  recommendations permit any member of such committee to submit the separate
  views of such member, or
  `(ii) recommendations on behalf of the employer or employee representatives
  on such committee,
to the employer for improvements in the employer's safety and health program
and for the correction of hazards to employee safety or health, except that
such recommendation shall be advisory only and the employer shall retain
full authority to manage the worksite; and
  `(J) accompany the Secretary or the Secretary's representative during any
  physical inspection of the worksite under section 8(a).
  `(5) TIME FOR COMMITTEE ACTIVITIES- The employer shall permit members of
  the committee to take such time from work as is reasonably necessary to
  exercise the rights of the committee, without suffering any loss of pay
  or benefits for time spent on duties of the committee.
  `(6) REGULATIONS- The Secretary shall, within one year of the effective
  date of the Comprehensive Occupational Safety and Health Reform Act, issue
  final regulations for the establishment and functioning of committees. The
  regulations shall include provisions on the following:
  `(A) the establishment and functioning of committees by an employer whose
  employees do not primarily report to or work at a fixed location;
  `(B) the establishment and functioning of committees by a covered employer
  at worksites at which less than 11 employees are employed;
  `(C) the establishment and functioning of committees at worksites where
  employees of more than one employer are employed; and
  `(D) the employer's obligations to enable the committee to function
  properly and effectively, including the provision of facilities and
  materials necessary for the committee to conduct its activities and the
  maintenance of records and minutes developed by the committee.
  `(c) EMPLOYEE SAFETY AND HEALTH REPRESENTATIVES-
  `(1) IN GENERAL- The committees shall include--
  `(A)(i) one employee safety and health representative at each worksite
  where the average number of nonmanagerial employees of the employer during
  the year ending January 1 was more than 10, but less than 50;
  `(ii) two representatives where the number of employees is more than 50
  but less than 100; and
  `(iii) an additional employee safety and health representative for each
  additional such 100 employees, up to a maximum of 6 employee safety and
  health representatives, except as provided in paragraph (2)(C); or
  `(B) where an employer's employees do not primarily report to or work at a
  fixed location, at worksites that have less than 11 employees of a covered
  employer, or at worksites where employees of more than one employer are
  employed, the number of employee safety and health representatives as
  determined by the Secretary by regulation.
  `(2) SELECTION- Employee safety and health representatives shall be selected
  by and from among the employer's nonmanagerial employees, as follows:
  `(A) Where none of the employer's employees at a worksite are represented by
  an exclusive bargaining representative, the employees shall elect employee
  safety and health representatives in an election held in conformity with
  procedures established by regulations issued by the Secretary.
  `(B) Where the employer's employees are represented by a single exclusive
  bargaining representative, the bargaining representative shall designate
  the employee safety and health representatives.
  `(C) Where the employer's employees are represented by more than one
  exclusive bargaining representative or where some but not all of the
  employees are represented by an exclusive bargaining representative,
  each collective bargaining unit of represented employees and any group
  of unrepresented employees shall have a proportionate number of employee
  safety and health representatives based on the number of employees in each
  collective bargaining unit or group, except that each unit of 11 or more
  employees shall select at least one representative.
  `(3) REGULATIONS- The Secretary shall, within one year of the effective
  date of the Comprehensive Occupational Safety and Health Reform Act, issue
  regulations on safety and health representatives. Such regulations shall
  include provisions on--
  `(A) the number of employee safety and health representatives where an
  employer's employees do not primarily report to or work at a fixed location;
  `(B) the number of employee safety and health representatives with regard
  to worksites with less than 11 employees of a covered employer;
  `(C) the number of employee safety and health representatives at worksites
  where employees of more than one employer are employed; and
  `(D) procedures for the selection and election of employee safety and
  health representatives which provide for a free and fair election by secret
  ballot and protect employees' equal rights to participate in the election
  without being subject to penalties, discipline, improper interference,
  or reprisal of any kind.
  `(d) ADDITIONAL RIGHTS- The rights and remedies provided to employees
  and employee safety and health representatives by this section are in
  addition to, and not in lieu of, any other rights and remedies provided
  by contract, by other provisions of this Act or by other applicable law,
  and are not intended to alter or affect such rights and remedies.'.
TITLE III--COVERAGE
SEC. 301. EXTENSION OF COVERAGE TO PUBLIC EMPLOYEES.
  (a) DEFINITION OF EMPLOYER- Section 3(5) (29 U.S.C. 652(5)) is amended by
  striking out `but does not include the United States or' and inserting
  in lieu thereof `including the executive and judicial branch of the
  Government and the Botanic Garden, the General Accounting Office,
  the Government Printing Office, the Library of Congress, the Office of
  Technology Assessment, the Congressional Budget Office, and the Copyright
  Royalty Tribunal of the legislative branch of the Government and'.
  (b) CONFORMING AMENDMENTS-
  (1) Section 19 (29 U.S.C. 668) is repealed.
  (2) Section 410(b) of title 39, United States Code, is amended by amending
  paragraph (7) to read as follows:
  `(7) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
  seq.);'.
SEC. 302. APPLICATION OF ACT.
  Section 4(b) (29 U.S.C. 653(b)(1)) is amended by redesignating paragraphs
  (2), (3), and (4) as paragraphs (5), (6), and (7), respectively, and by
  striking out paragraph (1) and inserting in lieu thereof the following:
  `(b)(1) Where a Federal agency has promulgated and is enforcing standards
  or regulations affecting occupational safety or health of some or all
  of the employees within that agency's regulatory jurisdiction, and the
  Secretary determines that such a standard or regulation as promulgated
  and the manner in which the standard or regulation is being enforced
  provides protection to those employees that is at least as effective as
  the protection provided to those employees by the Secretary's enforcement
  of this Act, the Secretary may publish a notice in the Federal Register
  setting forth that determination and the reasons for the determination
  and certifying that the Secretary has ceded jurisdiction to that Federal
  agency with respect to the specified standards or regulations affecting
  occupational safety and health. Such certification shall remain in effect
  unless and until rescinded by the Secretary.
  `(2) The Secretary shall, by regulation, establish procedures by which any
  person may petition the Secretary to rescind a certification under paragraph
  (1). Upon receipt of such a petition, the Secretary shall investigate the
  matter and shall, within 90 days after receipt of the petition, publish
  a decision with respect to the petition in the Federal Register.
  `(3) Any person who may be adversely affected by--
  `(A) a decision of the Secretary certifying that the Secretary has ceded
  jurisdiction to another Federal agency pursuant to paragraph (1), or
  `(B) a decision of the Secretary denying a petition to rescind such a
  certification,
may at any time prior to the sixtieth day after such decision is published
in the Federal Register file a petition challenging such decision with the
United States court of appeals for the circuit wherein such person resides
or such person has a principal place of business for a judicial review of
such decision. A copy of the petition shall be forthwith transmitted by
the clerk of the court to the Secretary. The Secretary's decision shall
be set aside if found to be arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with law.
  `(4) Nothing in this Act shall apply to working conditions covered by the
  Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).'.
SEC. 303. APPLICATION OF OSHA TO DOE NUCLEAR FACILITIES.
  Paragraph (6) of section 4(b) (29 U.S.C. 653(b)(6)) (as so redesignated)
  is amended to read as follows:
  `(6) Notwithstanding paragraph (1) of this subsection, this Act shall apply
  with respect to employment performed in the Federal nuclear facilities
  under the control or jurisdiction of the Department of Energy.'.
SEC. 304. EXTENSION OF EMPLOYER DUTIES TO ALL EMPLOYEES WORKING AT A PLACE
OF EMPLOYMENT.
  Section 5(a)(1) (29 U.S.C. 654(a)(1)) is amended by striking out `to each
  of his employees' and inserting at the end `or other employees at the
  place of employment'.
TITLE IV--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
SEC. 401. TIME FRAMES FOR SETTING STANDARDS.
  (a) RECOMMENDATIONS AND PETITIONS FOR STANDARDS- Paragraph (2) of section
  6(b) (29 U.S.C. 655(b)(2)) is amended to read as follows:
  `(2)(A) If the Secretary receives--
  `(i) a recommendation of an advisory committee, the Secretary of Health
  and Human Services, or the Administrator of the Environmental Protection
  Agency, or
  `(ii) a petition from an interested person which petition sets forth with
  reasonable particularity the facts which the person claims establish that
  an occupational safety or health standard should be promulgated, modified
  or revoked,
the Secretary shall, within 90 days after receipt of the recommendation or
petition, publish in the Federal Register a response stating whether the
Secretary intends to publish a proposed rule promulgating, modifying or
revoking such standard.
  `(B) If the Secretary's response states that the Secretary does not intend to
  publish a proposed rule, the Secretary shall set forth the reasons for that
  decision. In all other cases, the Secretary shall, within 12 months following
  the receipt of a recommendation or petition pursuant to subpararagraph (A),
  publish in the Federal Register a proposed rule promulgating, modifying,
  or revoking the standard cited in the petition or recommendation.'.
  (b) PROCEDURE FOR COMMENT AND HEARING- Paragraph (3) of section 6(b)
  (29 U.S.C. 655(b)(3)) is amended--
  (1) by designating the present language as subparagraph (B) and by striking
  out `under paragraph (2)'; and
  (2) by inserting at the beginning the following:
  `(3)(A) When information developed by the Secretary or submitted to the
  Secretary indicates that a rule should be proposed promulgating, modifying,
  or revoking an occupational safety or health standard, the Secretary shall
  publish such a proposed rule in the Federal Register and shall afford
  interested persons a period of at least 30 days after publication to submit
  written data or comments.'.
  (c) TIME FRAME FOR ISSUING RULES- Section 6(b)(4) (29 U.S.C. 655(b)(4))
  is amended--
  (1) by striking out `sixty days' both places it appears and inserting in
  lieu thereof `180 days';
  (2) by striking out `(2)' and inserting in lieu thereof `(3)(A)'; and
  (3) by striking out `(3)' and inserting in lieu thereof `(3)(B).'.
  (d) REVIEW OF SECRETARY'S FAILURE OR REFUSAL TO ISSUE RULES- Section 6
  (29 U.S.C. 655) is amended by adding at the end the following:
  `(h)(1) Any person who may be adversely affected by a determination by
  the Secretary under subsection (b)(2) not to propose a rule promulgating,
  modifying, or revoking a standard may at any time prior to the sixtieth
  day after such determination is published in the Federal Register file a
  petition seeking review of such determination with the United States court
  of appeals for the circuit wherein such person resides or such person has
  a principal place of business. A copy of the petition shall be forthwith
  transmitted by the clerk of the court to the Secretary. The Secretary's
  determination shall be set aside if found to be arbitrary, capricious,
  an abuse of discretion, or otherwise not in accordance with law.
  `(2) Any person who may be adversely affected by a failure of the Secretary
  to take any action required by subsection (b)(2)(B) within the time period
  prescribed therefor by such subsection may at any time after such period
  of time has elapsed file a petition for review stating that such action
  has been unlawfully withheld or unreasonably delayed. Such petition may be
  filed with the United States court of appeals for the circuit wherein such
  person resides or such person has a principal place of business. A copy
  of the petition shall be forthwith transmitted by the clerk of the court
  to the Secretary. The reviewing court shall compel the Secretary to take
  any action that is found to have been unlawfully withheld or unreasonably
  delayed. The Secretary's desire to confer with, or to receive approval from
  any other Federal agency or Federal executive official, shall not justify
  the withholding or delaying of action by the Secretary, except where such
  consultation or solicitation of approval is required by applicable law
  and has been pursued in a timely fashion.'.
  (e) JUDICIAL REVIEW- Section 6(f) (29 U.S.C. 655(f)) is amended by adding
  at the end the following: `Judicial review of a standard issued under this
  section may only be obtained by review under this subsection or subsection
  (h) and the validity of any such standard may not be raised in an enforcement
  action under section 11.'.
SEC. 402. OCCUPATIONAL SAFETY AND HEALTH STANDARD.
  Section 3(8) (29 U.S.C. 652(8)) is amended to read as follows:
  `(8) The term `occupational safety and health standard' means a standard
  which addresses a significant risk to the safety or health of employees
  by requiring conditions, or the adoption or use of one or more practices,
  means, methods, operations, or processes that most adequately assure, to the
  extent feasible, safe and healthful employment and places of employment.'.
SEC. 403. RECORDING OF WORK-RELATED ILLNESSES.
  Section 6(b)(7) (29 U.S.C. 655(b)(7)) is amended by inserting after the third
  sentence the following: `The standard shall also prescribe requirements
  for recording or reporting a work-related illness determined as a result
  of a medical examination or test conducted under the standard.'.
SEC. 404. PUBLIC DISCLOSURE OF ALL COMMUNICATIONS ON STANDARDS.
  Section 6(b) (29 U.S.C. 655(b)) is amended by adding at the end the
  following:
  `(9) The Secretary shall place all written comments and communications and a
  summary of all verbal communications with parties outside the Department of
  Labor (including communications with executive branch officials) regarding
  the promulgation, modification, or revocation of a standard under this
  section in the public record.'.
SEC. 405. REVISION OF PERMISSIBLE EXPOSURE LIMITS.
  Section 6 (29 U.S.C. 655) (as amended by section 401(d)) is amended by
  adding at the end the following:
  `(i) In addition to other health and safety standards promulgated under
  subsection (b), the Secretary shall, in cooperation with the Secretary of
  Health and Human Services, modify and establish exposure limits for toxic
  materials and harmful physical agents on a regular basis in the following
  manner and in accordance with the requirements of subsection (b)(5):
  `(1) The Secretary of Health and Human Services, acting through the National
  Institute for Occupational Safety and Health, shall regularly evaluate
  available scientific evidence, data, and information to determine if exposure
  limits for toxic materials and harmful physical agents promulgated under
  subsections (a) and (b) should be modified or established to protect exposed
  employees from material impairment of health or functional capacity. Such
  evaluation shall include a review of the scientific literature, standards
  of private and professional organizations, national consensus standards,
  standards adopted by other countries, and recommendations of State and
  Federal agencies.
  `(2) At least every 3 years the Secretary of Health and Human Services,
  acting through the National Institute for Occupational Safety and Health,
  shall, on the basis of the evaluation under paragraph (1), develop and
  shall transmit to the Secretary recommendations identifying toxic materials
  and harmful physical agents, if any, for which exposure limits should be
  modified or established to protect employees from material impairment
  of health or functional capacity. For each such material or agent, the
  recommendation shall include a suggested permissible exposure limit, the
  basis for the suggested exposure limit, and, where available, information
  on feasible control measures.
  `(3) Within 30 days of receipt of recommendations under paragraph (2),
  the Secretary shall publish the recommendations on exposure limits in the
  Federal Register and provide a period of 30 days for public comment. The
  Secretary shall evaluate the recommendations and public comments and,
  within 6 months of the receipt of the recommendations, the Secretary shall
  publish a proposed rule to modify, maintain, or establish exposure limits
  for each toxic material and harmful physical agent for which the Secretary
  of Health and Human Services has recommended that such limit should be
  modified or established. If a proposed exposure limit is not the same as the
  exposure limit recommended by the Secretary of Health and Human Services,
  the Secretary shall explain why the recommended limit is not being proposed.
  `(4) Within one year of the publication of the proposed exposure limits
  under paragraph (3), the Secretary shall issue a final standard, which
  standard shall be subject to the requirements of subsection (b)(5). If a
  final exposure limit is not the same as the exposure limits recommended
  by the Secretary of Health and Human Services, the Secretary shall explain
  why the recommended exposure limit is not being adopted.
  `(5) In addition to the periodic review of permissible exposure limits
  required by paragraph (1), the Secretary shall also establish or modify
  exposure limits for toxic materials and harmful physical agents whenever
  such action is warranted, pursuant to subsections (b)(5) and (g).'.
SEC. 406. EXPOSURE MONITORING AND MEDICAL SURVEILLANCE.
  Section 6 (29 U.S.C. 655) (as amended by section 405) is amended by adding
  at the end the following:
  `(j) Within two years after the effective date of the Comprehensive
  Occupational Safety and Health Reform Act, the Secretary shall promulgate
  final standards on exposure monitoring and medical surveillance programs
  in the following manner and in accordance with subsection (b).
  `(1) The standard on exposure monitoring shall include the following:
  `(A) Requirements for a formal exposure assessment where workers may be
  exposed to toxic materials or harmful physical agents which are subject to
  standards issued under this section, including toxic materials or harmful
  physical agents covered by regulations published at 29 CFR 1910.1200.
  `(B) Requirements for regular monitoring and measurement of toxic
  materials or harmful physical agents for which an exposure limit has been
  established by the Secretary or adopted by the employer if such monitoring
  and measurements will assist in protecting the health and safety of workers
  exposed to such toxic materials or harmful physical agents.
  `(C) Requirements for a written compliance plan for reducing exposures where
  exposures are determined to exceed limits established by the Secretary or
  adopted by the employer.
  `(D) Requirements for employees to be notified in writing of exposures to
  toxic materials or harmful physical agents above exposure limits established
  by the Secretary or adopted by the employer and the steps the employer is
  taking to reduce such exposures.
  `(E) Requirements for maintenance and access to records of exposure to toxic
  materials or harmful physical agents according to regulations published
  at 29 CFR 1910.20.
  `(F) Requirements for any safety and health committee established under
  section 28 to review the exposure assessment and exposure monitoring
  program under subparagraphs (A) and (B), to observe exposure monitoring,
  to receive and have access to copies of assessment and monitoring results,
  to review written compliance plans, and to make recommendations with
  respect to such programs and plans.
  `(2) The standard on medical surveillance programs shall include the
  following:
  `(A) Requirements for an evaluation of employee exposure assessments
  and exposure monitoring to identify which employees may be at risk of
  material impairment of health or functional capacity due to exposure to
  toxic materials or harmful physical agents.
  `(B) Requirements for periodic medical examinations for employees identified
  to be at risk of material impairment of health or functional capacity
  due to exposure to toxic materials or harmful physical agents where such
  examinations are appropriate to identify or to prevent material impairment
  to health or functional capacity.
  `(C) Requirements for the evaluation of the results of medical examinations
  to determine if an employee or a group of employees are exhibiting
  indications of present or potential material impairment of health
  or functional capacity due to exposure to toxic substances or harmful
  physical agents.
  `(D) Requirements for the notification of employees of the results of
  medical examinations in a manner that is understood by the employees.
  `(E) Provisions setting forth the qualifications for health care providers
  who may conduct required medical examinations. Where feasible, the
  Secretary in cooperation with the Secretary of Health and Human Services
  shall establish criteria and procedures for the certification of health
  care providers who conduct medical examinations.
  `(F) Provisions to assure the confidentiality of personally identifiable
  medical information.
  `(G) Provisions to prohibit discrimination against employees based on the
  results of medical examinations, and as appropriate provisions to provide
  protection of the wages, benefits, seniority and other relevant conditions
  of employment of employees who are transferred or removed from their jobs
  due to the result of medical examinations.
  `(H) Records developed under this subsection shall be maintained and made
  available according to regulations published at 29 CFR 1910.20.
  `(I) Requirements for the safety and health committee established under
  section 28 to review the employer's medical surveillance program and to
  make recommendations with respect thereto.'.
SEC. 407. STANDARD ON ERGONOMIC HAZARDS.
  Section 6 (29 U.S.C. 655) (as amended by section 406) is amended by adding
  at the end the following:
  `(k) Within one year of the effective date of the Comprehensive Occupational
  Safety and Health Reform Act, the Secretary shall issue a final standard
  on ergonomic hazards to protect employees from work-related musculoskeletal
  disorders in accordance with subsection (b)(5). The standard shall include
  the following:
  `(1) Requirement for an ergonomics program where employees are exposed to
  ergonomic hazards which requirements shall include provisions for hazard
  identification, control measures, medical management, training and education,
  and employee participation.
  `(2) Requirements for an evaluation of job processes, work station design,
  rate of work, and work methods to identify ergonomic risk factors that
  cause or are likely to cause musculoskeletal disorders.
  `(3) Requirements for control measures to reduce stressors and
  musculoskeletal disorders, including engineering controls, new equipment,
  or work organization controls.
  `(4) Requirements for an effective medical management program for
  musculoskeletal disorders, including requirements for qualified health
  care providers, health surveillance, appropriate diagnosis, treatment,
  and follow up.
  `(5) Requirements for recording musculoskeletal disorders as an illness
  and reporting such illnesses to the Secretary.
  `(6) Requirements for training and education of employees exposed to
  ergonomic hazards on ergonomic risk factors, control measures, and the
  employer's medical management program.
  `(7) Requirements for employee participation in the establishment and
  implementation of the employer's ergonomic program through any safety and
  health committee established under section 28.'.
SEC. 408. TIMETABLE FOR SPECIFIC STANDARDS.
  Section 6 (29 U.S.C. 655) (as amended by section 407) is amended by adding
  at the end the following:
  `(l) The Secretary shall issue the following safety and health standards
  under subsection (b):
  `(1) By November 1, 1991, the Secretary shall issue a final standard on
  blood borne pathogens.
  `(2) By December 31, 1991, the Secretary shall issue final standards on--
  `(A) permissible exposure limits for construction, maritime, and agriculture,
  `(B) electric power generator, transmission, and distribution,
  `(C) logging operations,
  `(D) face, head, eye and foot protection
  `(E) walking and working surfaces,
  `(F) hazardous materials, and
  `(G) motor vehicle inspection, maintenance, and safety.
  `(3) By June 30, 1992, the Secretary shall issue final standards on--
  `(A) cadmium,
  `(B) confined space entry,
  `(C) asbestos,
  `(D) accreditation of training programs for hazardous waste operations, and
  `(E) methylene chloride.
  `(4) By December 31, 1992, the Secretary shall issue final standards on--
  `(A) respiratory protection,
  `(B) 1.3-butadiene,
  `(C) scaffolds,
  `(D) fall protection, and
  `(E) glycol ethers.
  `(5) By December 31, 1993, the Secretary shall issue final standards on--
  `(A) indoor air quality, and
  `(B) safety and health regulations for longshoring.'.
TITLE V--ENFORCEMENT
SEC. 501. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS.
  Section 8(e) (29 U.S.C. 657(e)) is amended by inserting after the first
  sentence the following: `Time spent by an employee on any such inspection
  shall be deemed to be hours worked and no employee shall suffer any loss
  of pay, benefits, or seniority for having participated in the inspection.'.
SEC. 502. TIME FRAME FOR RESPONSE.
  The last sentence of section 8(f)(1) (29 U.S.C. 657(f)(1)) is amended by
  inserting before the period the following: `within 30 days of receipt of
  the request for inspection'.
SEC. 503. COMPLAINTS.
  Section (8)(f)(1) (29 U.S.C. 657(f)(1)) is amended--
  (1) by inserting `the Act or' after `a violation of'; and
  (2) by adding at the end the following: `If the Secretary, upon notification
  from any other source, determines that there are reasonable grounds to
  believe that an imminent danger (as described in section 13(a)) or serious
  violation (as described in section 17(k)) exists in a place of employment,
  the Secretary shall also make a special inspection in accordance with
  this section.'.
SEC. 504. MANDATORY SPECIAL EMPHASIS.
  Section 8 (29 U.S.C. 657) is amended by adding at the end the following:
  `(h)(1) The Secretary shall establish and carry out a special emphasis
  inspection program for conducting inspections of industries or operations
  where--
  `(A) existing hazards, or
  `(B) newly recognized or new hazards introduced into worksites,
warrant more intensive than normal inspections, as determined by the Secretary.
  `(2) The Secretary shall annually designate the industries and operations
  for the special emphasis inspection program and identify the number of
  special emphasis inspections that the Secretary plans to conduct in each
  designated industry and operation and the number of enforcement personnel
  required for such inspections.
  `(3) Inspections conducted under paragraph (1) shall be in addition to
  other programmed and complaint inspections conducted under this Act before
  the effective date of the Comprehensive Occupational Safety and Health
  Reform Act.
  `(4) The Secretary shall annually submit a report to the Congress on the
  special emphasis inspection program as part of the Secretary's annual report
  required under section 26 which includes information on inspections conducted
  pursuant to paragraph (2) which were carried out during the preceding year.'.
SEC. 505. INVESTIGATIONS OF DEATHS AND SERIOUS INCIDENTS.
  Section 8 (29 U.S.C. 657) (as amended by section 504) is amended by adding
  at the end the following:
  `(i)(1) The Secretary shall investigate any work-related death or serious
  incident.
  `(2) If a death or serious incident occurs in a place of employment covered
  by this Act, the employer shall notify the Secretary of the death or serious
  incident and shall take appropriate measures to prevent the destruction
  or alteration of any evidence that would assist in investigating the death
  or serious incident.
  `(3) As used in this subsection, the term `serious incident' means an
  incident that results in the hospitalization of 2 or more employees.'.
SEC. 506. ABATEMENT OF SERIOUS HAZARDS DURING EMPLOYER CONTESTS.
  (a) CITATIONS- Section 9(a) (29 U.S.C. 658(a)) is amended by adding the
  following new sentence after the third sentence thereof: `If the Secretary
  or an authorized representative of the Secretary believes that an alleged
  violation is serious and presents such a substantial risk to the safety
  or health of employees that the initiation of review proceedings should
  not suspend the running of the period for the correction of the violation,
  the citation shall so state.
  (b) CITATIONS AND ENFORCEMENT- Section 10 (29 U.S.C. 659) is amended
  as follows:
  (1) in subsection (b), by striking out `(which period shall not begin to
  run until the entry of a final order by the Commission in the case of any
  review proceedings under this section initiated by the employer in good
  faith and not solely for delay or avoidance of penalties)';
  (2) by adding at the end the following:
  `(d)(1) The period permitted for correction of a violation shall begin
  to run from the date of receipt of the citation, except as provided in
  paragraphs (2) and (3).
  `(2) If the employer initiates timely review proceedings under this section
  in which the employer contests matters other than the proposed assessment
  of penalty or characterization of the violation and the proceedings
  are initiated by the employer in good faith and not solely for delay,
  the period permitted for the correction of a violation shall, except as
  provided in paragraph (3), not begin to run until the entry of a final
  order by the Commission.
  `(3) If the citation states that the violation presents such a substantial
  risk to the safety and health of employees that the initiation of review
  proceedings shall not suspend the running of the period for correction
  of the violation and if, simultaneous with initiating timely review
  proceedings of that citation, the employer files a statement asserting that
  the period for correction of the violation should be suspended during the
  review proceedings, the Commission shall expedite the consideration and
  decision of the employer's review proceeding. In its decision resolving
  such proceeding, the Commission may modify the citation's provision that the
  period for correction of the violation shall run from the date of receipt of
  the citation, if the Commission determines, based on consideration of the
  nature of the violation, the nature and degree of risk posed to employees
  by the employer's refusal to undertake prompt correction of the violation,
  and the extent of any irreparable injury the employer would incur by
  undertaking correction of the violation during the pendency of review
  proceedings, that such provision is unreasonable in the circumstances.'.
  (c) PENALTIES- Section 17(d) (29 U.S.C. 666(d)) is amended by striking out
  `(which period shall not begin to run until the date of the final order
  of the Commission in the case of any review proceeding under section
  10 initiated by the employer in good faith and not solely for delay or
  avoidance of penalties)'.
  (d) VERIFICATION OF ABATEMENT- Section 10 (as amended by subsection (b))
  is amended by adding at the end thereof the following:
  `(e) Each employer to whom a citation for a serious, willful or repeated
  violation has been issued under section 9 shall verify the abatement of
  such violation in writing to the Secretary not later than 30 days after the
  period for correction of the violation has expired. In addition, each such
  employer shall prominently post, within 10 days after the verification
  of abatement, at or near each place a violation occurred a notice that
  the violation has been abated, and shall make available to employees
  and employee representatives for inspection a copy of the verification
  of abatement provided to the Secretary pursuant to this subsection. The
  Secretary shall issue regulations to implement this subsection within one
  year of the date of the enactment of the Comprehensive Occupational Safety
  and Health Reform Act.'.
SEC. 507. RIGHT TO CONTEST CITATIONS AND PENALTIES.
  The first sentence of section 10(c) (29 U.S.C. 659(c)) is amended
  by inserting after `files a notice with the Secretary' the following:
  `alleging that the citation fails properly to designate the provisions of
  this Act, standard, rule, regulation, or order that have been violated or
  that the citation fails properly to designate the violation as serious,
  willful, or repeated, or that the proposed penalty is not adequate, or'.
SEC. 508. RIGHT OF EMPLOYEE REPRESENTATIVES TO PARTICIPATE IN OTHER
PROCEEDINGS.
  The last sentence of section 10(c) (29 U.S.C. 659(c)) is amended by
  inserting after `participate as parties to hearings' the following:
  `or other proceedings conducted'.
SEC. 509. OBJECTIONS TO MODIFICATION OF CITATIONS.
  Section 10 (29 U.S.C. 659) (as amended by section 506(d)) is amended by
  adding at the end the following:
  `(f)(1) If the Secretary intends to withdraw or to modify a citation as
  a result of any agreement with the cited employer, the rules of procedure
  prescribed by the Commission shall provide for prompt notice to affected
  employees or representatives of affected employees, which notice shall
  include the terms of the proposed agreement.
  `(2) Within 15 working days of receipt of the notice provided in accordance
  with paragraph (1), any employee or representative of employees, regardless
  of whether such employee or representative has previously elected to
  participate in the proceedings, shall have the right to file a notice with
  the Secretary alleging that the proposed agreement fails to effectuate
  the purposes of this Act and stating the respects in which it fails to do so.
  `(3) Upon receipt of a notice filed under paragraph (2), the Secretary
  shall consider the matter, and if the Secretary determines to proceed with
  the proposed agreement, the Secretary shall respond with particularity to
  the statements presented in that notice.
  `(4) Within 15 working days following the Secretary's response provided
  pursuant to paragraph (3), the employee or representative of employees shall,
  upon a request to the Commission, have the right to a hearing as to whether
  adoption of the proposed agreement would effectuate the purposes of this
  Act, including a determination as to whether the proposed agreement would
  adequately abate the alleged violations.
  `(5) If the Commission determines that a proposed agreement fails to
  effectuate the purposes of this Act, the proposed agreement shall not
  be entered as an order of the Commission and the citation shall not be
  withdrawn or modified in accordance with the proposed agreement.'
SEC. 510. IMMINENT DANGER INSPECTIONS.
  (a) SPECIAL CONDITIONS AND PRACTICES- Section 13 (29 U.S.C. 662) is amended--
  (1) by striking out subsection (c), by redesignating subsections (a) and
  (b) as subsections (b) and (c), respectively, and by inserting before
  subsection (b) (as so redesignated) the following:
  `(a)(1) If the Secretary determines, on the basis of an inspection or
  investigation under this section, that a condition or practice in a place
  of employment is such that an imminent danger to safety or health exists
  that could reasonably be expected to cause death or serious physical harm
  or permanent impairment of the health or functional capacity of employees
  if not corrected immediately, the Secretary shall so inform the employer
  and affected employees and shall request that the condition or practice
  be corrected immediately or that employees be immediately removed from
  exposure to such danger.
  `(2) If the employer refuses to comply with the request under paragraph
  (1), the Secretary shall determine whether notice should be posted in the
  workplace pursuant to paragraph (3).
  `(3) If the Secretary so authorizes, the Secretary shall immediately cause
  notice to be posted in the workplace identifying the equipment, process,
  or practice that is the source of the imminent danger. Such notice shall
  take the form of a tag or other device that will be seen by employees
  who might otherwise be exposed to the dangerous equipment, process, or
  practice. The notice shall be removed only by the Secretary.
  `(4) The fact that notice under paragraph (3) has been posted shall be
  noted in any citation issued pursuant to section 9 with respect to the
  hazard involved.
  `(5) No person shall discharge or in any manner discriminate against any
  employee because such employee has refused to perform a duty that has been
  identified as the source of an imminent danger by a notice posted pursuant
  to paragraph (3). The right to refuse to perform such a duty shall be
  in addition to any other right to refuse to perform hazardous work that
  is afforded to employees by this Act, by standards or regulations issued
  pursuant to this Act, by contract, or by other applicable law.'; and
  (2) by amending the first sentence of subsection (b) (as so redesignated) to
  read as follows: `The United States district courts shall have jurisdiction,
  upon petition of the Secretary, to restrain any conditions or practices
  in any place of employment which pose an imminent danger as described in
  subsection (a).'.
  (b) PENALTIES- Section 17 is amended by redesignating subsections (h)
  through (l) as subsections (i) through (m), respectively, and by inserting
  after subsection (g) the following:
  `(h) In the event that an employer does not immediately correct the
  hazard referenced in a notice posted under section 13(a)(3) or remove all
  employees from exposure thereto, the employer shall be assessed a civil
  penalty of not less than $10,000 and not more than $50,000 for each day
  during which an employee continues to be exposed to the hazard unless the
  Commission determines the condition or practice is not of such nature as
  to be covered by section 13(a).'.
SEC. 511. CITATIONS AND PENALTIES FOR VIOLATIONS OF SECTION 27 AND SECTION 28.
  (a) CITATIONS- Section 9(a) is amended by inserting `, 27 or 28' after
  `section 5'.
  (b) PENALTIES- Section 17 is amended--
  (1) in subsection (a), by inserting `, 27 or 28' after `section 5',
  (2) in subsection (b), by inserting `, 27 or 28' after `section 5', and
  (3) in subsection (c), by inserting `, 27 or 28' after `section 5'.
SEC. 512. OSHA CRIMINAL PENALTIES.
  `(a) IN GENERAL- Section 17 (29 U.S.C. 666) (as amended by section 510(b))
  is amended--
  (1) in subsection (e)--
  `(A) by striking out `fine of not more than $10,000' and inserting in
  lieu thereof `fine in accordance with section 3571 of title 18, United
  States Code,';
  `(B) by striking out `six months' and inserting in lieu thereof `10 years';
  `(C) by striking out `fine of not more than $20,000' and inserting in lieu
  thereof `fine in accordance with section 3571 of title 18, United States
  Code,'; and
  `(D) by striking out `one year' and inserting in lieu thereof `20 years';
  (2) in subsection (f), by striking out `fine of not more than $1,000 or by
  imprisonment for not more than six months,' and inserting in lieu thereof
  `fine in accordance with section 3571 of title 18, United States Code,
  or by imprisonment for not more than 2 years,';
  (3) in subsection (g), by striking out `fine of not more than $10,000,
  or by imprisonment for not more than six months,' and inserting in lieu
  thereof `fine in accordance with section 3571 of title 18, United States
  Code, or by imprisonment for not more than 1 year,';
  (4) by redesignating subsections (i) through (m) as subsections (j) through
  (n), respectively;
  (5) by inserting after subsection (h) the following:
  `(i) Any employer who willfully violates any standard, rule, or order
  promulgated pursuant to section 6, or any regulation prescribed pursuant to
  this Act, and that violation causes serious bodily injury to any employee
  but does not cause death to any employee, shall, upon conviction, be
  punished by a fine in accordance with section 3571 of title 18, United
  States Code, or by imprisonment for not more than 5 years, or by both,
  except that if the conviction is for a violation committed after a first
  conviction of such person under this subsection, punishment shall be by
  a fine in accordance with section 3571 of title 18, United States Code,
  or by imprisonment for not more than 10 years, or by both,'; and
  (6) by adding at the end the following:
  `(o) If a penalty or fine is imposed on a director, officer, or agent of an
  employer under subsection (e), (f), (g), or (i), such penalty or fine shall
  not be paid out of the assets of the employer on behalf of that individual.'.
  (b) DEFINITION- Section 3 (29 U.S.C. 652) is amended by adding at the end
  the following:
  `(15) The term `serious bodily injury' means bodily injury that involves--
 `(A) a substantial risk of death;
 `(B) protracted unconsciousness;
 `(C) protracted and obvious physical disfigurement; or
 `(D) protracted loss or impairment of the function of a bodily member,
 organ, or mental faculty.'.
  (c) JURISDICTION FOR PROSECUTION UNDER STATE AND LOCAL CRIMINAL LAWS-
  Section 17 (29 U.S.C. 666) (as amended by subsection (a) of this section)
  is amended by adding at the end the following:
  `(p) Nothing in this Act shall preclude State and local law enforcement
  agencies from conducting criminal prosecutions in accordance with the laws
  of such State or locality.'.
TITLE VI--PROTECTION OF EMPLOYEES FROM DISCRIMINATION
SEC. 601. ANTIDISCRIMINATION PROVISIONS.
  (a) EMPLOYEE ACTIONS- Section 11(c)(1) (29 U.S.C. 660(c)(1)) is amended
  by adding at the end the following: `including reporting any injury,
  illness or unsafe condition to the employer, agent of the employer, the
  safety and health committee, or employee safety and health representative.'
  (b) PROCEDURE- Section 11(c) (29 U.S.C. 660(c) is amended by striking out
  paragraphs (2) and (3) and inserting in lieu thereof the following:
  `(2) No person shall discharge or in any manner discriminate against an
  employee for refusing to perform the employee's duties when the employee
  has a reasonable apprehension that performing such duties would result
  in serious injury to the employee or other employees. The circumstances
  causing the employee's apprehension of serious injury must be of such a
  nature that a reasonable person, under the circumstances then confronting
  the employee would conclude that there is a bona fide danger of an injury
  or serious impairment of health resulting from the circumstances. In order
  to qualify for protection, the employee must have sought from his employer,
  and have been unable to obtain, corrections of the circumstances causing
  the refusal to perform the employee's duties.
  `(3) Any employee who believes that the employee has been discharged,
  disciplined, or otherwise discriminated against by any person in violation
  of paragraph (1) or (2) may, within 180 days after such alleged violation
  occurs, file (or have filed by any person on the employee's behalf)
  a complaint with the Secretary alleging such discharge, discipline,
  or discrimination violates paragraph (1) or (2). Upon receipt of such a
  complaint, the Secretary shall notify the person named in the complaint
  of the filing of the complaint.
  `(4)(A) Within 60 days of receipt of a complaint filed under paragraph (3),
  the Secretary shall conduct an investigation and determine whether there
  is reasonable cause to believe that the complaint has merit and notify the
  complainant and the person alleged to have committed a violation of paragraph
  (1) or (2) of the Secretary's findings. Where the Secretary has concluded
  that there is reasonable cause to believe that a violation has occurred,
  the Secretary's findings shall be accompanied by a preliminary order
  providing the relief prescribed by subparagraph (B). Thereafter, either
  the person alleged to have committed the violation or the complainant may,
  within 30 days, file objections to the findings or preliminary order, or
  both, and request a hearing on the record, except that the filing of such
  objections shall not operate to stay any reinstatement remedy contained in
  the preliminary order. Such hearings shall be expeditiously conducted. Where
  a hearing is not timely requested, the preliminary order shall be deemed a
  final order which is not subject to judicial review. Upon the conclusion of
  such hearing, the Secretary shall issue a final order within 120 days. In
  the interim, such proceedings may be terminated at any time on the basis
  of a settlement agreement entered into by the Secretary, the complainant,
  and the person alleged to have committed the violation.
  `(B) If, in response to a complaint filed under paragraph (3), the Secretary
  determines that a violation of paragraphs (1) or (2) has occurred, the
  Secretary shall order--
  ` (i) the person who committed such violation to correct the violation,
  ` (ii) such person to reinstate the complainant to the complainant's
  former position together with the compensation (including back pay), terms,
  conditions, and privileges of the complainant's employment, and
  `(iii) compensatory damages.
If such an order is issued, the Secretary, at the request of the complainant,
may assess against the person against whom the order is issued a sum equal
to the aggregate amount of all costs and expenses (including attorney's fees)
reasonably incurred, as determined by the Secretary, by the complainant for,
or in connection with, the bringing of the complaint upon which the order
was issued.
  `(5)(A) Any person adversely affected or aggrieved by an order issued after
  a hearing under paragraph (4)(A) may obtain review of the order in the
  United States Court of Appeals for the circuit in which the violation, with
  respect to which the order was issued, allegedly occurred, or the circuit in
  which such person resided on the date of such violation. The petition for
  review must be filed within 60 days from the issuance of the Secretary's
  order. Such review shall be in accordance with the provisions of chapter 7
  of title 5, United States Code, and shall be heard and decided expeditiously.
  `(B) Whenever a person has failed to comply with an order issued under
  paragraph (4)(A), the Secretary shall file a civil action in the United
  States district court for the district in which the violation was found
  to occur in order to enforce such order. In actions brought under this
  subparagraph, the district court shall have jurisdiction to grant all
  appropriate relief, including injunctive relief, reinstatement, and
  compensatory damages.
  `(6) The legal burdens of proof that prevail under subchapter III of
  chapter 12 of title 5, United States Code, shall govern adjudication of
  protected activities under this subsection.'.
TITLE VII--OSHA AND NIOSH TRAINING AND EDUCATION
SEC. 701. OSHA AND NIOSH TRAINING ACTIVITIES.
  (a) EXPANSION- Section 21 (29 U.S.C. 670) is amended--
  (1) in subsection (a), by inserting after `educational programs to provide
  an adequate supply of qualified personnel to carry out the purpose of
  this Act,' the following: `, including education programs for employees
  and members of safety and health committees, as appropriate.', and
  (2) by adding at the end the following:
  `(d) The Secretary shall develop, directly or by grants or contracts,
  training materials, model curricula, and programs to assist employers in
  providing the training and education required by section 27 and standards
  issued under section 6.'.
TITLE VIII--RECORDKEEPING AND REPORTING
SEC. 801. DATA COLLECTED BY SECRETARY.
  Section 24(a) (29 U.S.C. 673) is amended--
  (1) by designating the first through third sentences as paragraphs (1)
  through (3), respectively; and
  (2) by adding at the end the following:
  `(4)(A) For the purpose of setting safety and health standards, targeting
  inspections to individual establishments, evaluating standard setting and
  enforcement programs, and for other purposes, the Secretary shall collect
  information and conduct analyses that identify--
 `(i) industries, employers, processes, operations, and occupations that
 have a high rate of injury or illness;
 `(ii) factors that cause or contribute to injuries and illnesses; and
 `(iii) workers' compensation costs associated with the injuries and illnesses.
  `(B) Data collected under subparagraph (A) shall be publicly available in
  a form suitable for further statistical analysis.
  `(C) The Secretary shall issue regulations that require each employer
  covered by this Act to report to the Secretary each work-related death of
  an employee of the employer immediately upon knowledge of the employer
  and to report each serious incident that results in the hospitalization
  of 2 or more employees of the employer within 24 hours of the incident.'.
SEC. 802. EMPLOYEE REPORTED ILLNESSES.
  Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended--
  `(1) by striking `deaths, injuries and illnesses' and inserting `deaths
  and injuries' and
  `(2) by inserting before the period at the end the following: `, and
  work-related illnesses and suspected work-related illnesses (including a
  work-related illness reported by an employee or an employee's physician),
  unless the employer makes a reasonable determination that the illness is
  not work-related'.
SEC. 803. EMPLOYEE ACCESS.
  Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by adding at the end
  the following: `The records and reports required under this section shall
  be made available to the Secretary, to the Secretary of Health and Human
  Services, to employees, and to employee representatives.'.
TITLE IX--NIOSH
SEC. 901. HAZARD EVALUATION REPORTS.
  Section 20(a)(6) (29 U.S.C. 669(a)(6)) is amended--
  (1) in the second sentence, by inserting `, whether any hazardous condition
  or harmful physical agent found in the place of employment poses a risk
  to exposed employees, after `as used or found'; and
  (2) by inserting after the second sentence the following: `If a determination
  is not made within 6 months of the request, the Secretary shall provide the
  employer and employees with an interim report on the known or suspected
  hazards, a recommendation for control, and an estimate of the time that
  a final determination will be made.'.
SEC. 902. SAFETY RESEARCH.
  Section 20(a) (29 U.S.C. 669(a)) is amended by adding at the end the
  following:
  `(8) The Secretary of Health and Human Services shall identify major
  factors contributing to occupational injuries and deaths through accident
  investigations and epidemiological research.'.
SEC. 903. INFORMATION AND EDUCATION ABOUT OCCUPATIONAL ILLNESSES.
  Section 20(a) (29 U.S.C. 669(a)) (as amended by section 902) is amended
  by adding at the end the following:
  `(9) The Secretary of Health and Human Services shall carry out a program to
  identify and notify employees at increased risk of occupational illnesses,
  injuries, and deaths, including public information and education programs
  for groups of workers at increased risk. In carrying out the program,
  the Secretary shall notify subjects of studies conducted or funded
  by the Secretary who are found to be at increased risk and shall make
  recommendations on appropriate medical surveillance for groups of employees
  at increased risk.'.
SEC. 904. CONTRACTOR RIGHTS.
  Section 20(b) (29 U.S.C. 669(b)) is amended in the first sentence by
  inserting after `Secretary of Health, Education and Welfare' the following:
  `or the Secretary's designees or contractors.'
SEC. 905. NATIONAL SURVEILLANCE PROGRAM.
  Section 20 (29 U.S.C. 669) is amended by adding at the end the following:
  `(f)(1) The Secretary of Health and Human Services, acting through the
  National Institute for Occupational Safety and Health, shall (in cooperation
  with other agencies of the Department of Health and Human Services and
  the Secretary of Labor) establish a national surveillance program to
  identify cases of occupational illnesses, deaths, and serious injuries. In
  conducting the national surveillance program, the Secretary of Health and
  Human Services shall coordinate the activities of the Secretary with State
  health agencies and Federal and State workers' compensation agencies.
  `(2)(A) The Secretary of Health and Human Services shall collect data
  each year on the number and characteristics of all occupational deaths,
  selected occupational illnesses, and selected occupational injuries.
  `(B) In selecting occupational illnesses and injuries for the collection
  of data under subparagraph (A), the Secretary of Health and Human Services
  shall consider the known frequency of the disorder, the severity of the
  disorder, and the size of the population at risk.
  `(3) The Secretary of Health and Human Services shall prepare reports
  and analysis of deaths, occupational illnesses, and injuries collected
  under the national surveillance program and transmit the information
  to the Secretary of Labor, State health agencies, employers, employees,
  and other interested parties.
  `(4) The Secretary of Health and Human Services may issue regulations
  to require an employer, through a physician or other health professional
  employed by or under contract to the employer, to report information on
  occupational deaths, illnesses and injuries in order to carry out the
  provisions of this subsection.'
SEC. 906. ESTABLISHMENT OF NIOSH AS A SEPARATE AGENCY WITHIN PUBLIC HEALTH
SERVICE.
  The second sentence of section 22(b) (29 U.S.C. 671(b)) is amended by
  inserting after `The Institute shall be' the following: `established as
  a separate agency within the United States Public Health Service and be'.
SEC. 907. CONFORMING AMENDMENTS CHANGING REFERENCES FROM HEW TO HHS.
  The Occupational Safety and Health Act of 1970 is amended by striking out
  `Health, Education, and Welfare' each place it appears in sections 6 through
  8 (29 U.S.C. 655 through 657) and sections 20 through 26 (29 U.S.C. 669
  through 675) and inserting in lieu thereof `Health and Human Services'.
TITLE X--STATE PLANS
SEC. 1001. STATE PLAN COMMITTEES AND PROGRAMS.
  Section 18(c) (29 U.S.C. 667(c)) is amended--
  (1) by striking `and' at the end of paragraph (7);
  (2) by striking the period at the end of paragraph (8) and inserting a
  comma; and
  (3) by adding at the end the following:
  `(9) provides for the development of safety and health programs and safety
  and health committees and training programs that are at least as effective
  as those required under sections 27 and 28.'.
SEC. 1002. ACCESS TO INFORMATION; EMPLOYEE RIGHTS.
  Section 18(c) (29 U.S.C. 667(c)) (as amended by section 1001) is amended
  by adding at the end the following:
  `(10) provides for reporting requirements, protection of employee rights,
  and access to information that are at least as effective as those required
  under this Act or other Federal laws which govern access to information
  related to this Act.'.
SEC. 1003. APPLICATION OF FEDERAL STANDARDS.
  Section 18 (29 U.S.C. 667) is amended by adding at the end the following:
  `(i) In the event a State, within 6 months after the promulgation of a
  safety and health standard by the Secretary under section 6, fails to adopt
  or promulgate a standard which is at least as effective as the Secretary's
  standard, the State shall enforce the Secretary's standard until a State
  standard which is at least as effective as such standard is in effect.'.
SEC. 1004. COMPLAINTS AGAINST A STATE PLAN.
  Section 18 (29 U.S.C. 667) (as amended by section 1003) is amended--
  (1) in the third sentence of subsection (e), by inserting after `preceding
  sentence' the following: `except as provided in subsections (f) and (j)'; and
  (2) by adding at the end the following:
  `(j)(1) If the Secretary receives a written complaint from an employer,
  employee, or employee representative that a State is deficient in it
  compliance with a provision of its State plan and the Secretary determines
  that there are reasonable grounds to believe that such deficiency exists,
  the Secretary shall promptly investigate any such complaint, except that
  complaints which allege a deficiency in an enforcement action by a State
  shall be investigated within 30 days of the receipt of the complaint.
  `(2) The Secretary shall, within 30 days of completion of any investigation,
  transmit the findings in writing to the State and to the complainant,
  which findings include recommendations to correct any deficiency which is
  identified. If the Secretary determines there are no reasonable grounds to
  believe that a deficiency exists, the Secretary shall notify the complainant
  in writing of such determination.
  `(3) Within 30 days of the receipt of a finding issued under paragraph (2),
  the State shall respond to the Secretary in writing as to what action the
  State has taken in response to the Secretary's findings and recommendations.
  `(4) If after receipt of the response of the State the Secretary believes
  a serious violation of this Act exists for which the State has failed to
  issue a citation, the Secretary with reasonable promptness shall issue
  a citation.'.
SEC. 1005. ACTION AGAINST STATE PLAN.
  Section 18(f) (29 U.S.C 667(f)) is amended--
  (1) by designating the first sentence as paragraph (1);
  (2) by redesignating the second sentence as paragraph (3); and
  (3) by inserting after paragraph (1) (as so designated) the following
  new paragraph:
  `(2)(A) If the Secretary determines at any time that there are reasonable
  grounds for concluding there is a failure to comply substantially with
  any provision of the State plan (or any assurance contained therein),
  the Secretary shall give notice to the State of the deficiencies which,
  in the Secretary's view, warrant such withdrawal of approval, and shall
  allow 6 months for the correction of the deficiencies.
  `(B) If after 6 months the Secretary determines that the State has not
  corrected the deficiencies and that grounds for withdrawing approval of
  the State plan still exist, the Secretary shall institute proceedings
  pursuant to paragraph (3) for the withdrawal of approval of the plan,
  unless the Secretary determines in writing that exceptional circumstances
  exist that justify a decision not to institute such proceedings.
  `(C) During the pendency of proceedings pursuant to paragraph (3), the
  Secretary shall exercise jurisdiction, concurrent with the State, over
  the safety and health issues that are subject to the State plan.'.
SEC. 1006. STATE PLAN CONFORMING AMENDMENTS.
  Section 18 (29 U.S.C. 667) (as amended by section 1003) is amended by
  adding at the end the following:
  `(k) Each State which is exercising authority to operate a State safety
  and health plan under this section shall within one year of the effective
  date of the Comprehensive Occupational Safety and Health Reform Act modify
  the plan to conform with the requirements of this Act.'.
TITLE XI--VICTIM'S RIGHTS
SEC. 1101. VICTIM'S RIGHTS.
  Section 29 is amended to read as follows:
`SEC. 29. VICTIM'S RIGHTS.
  `(a) DEFINITION- For purposes of this section, the term `victim' means--
  `(1) an employee who has sustained a work-related injury or illness which is
  the subject of an inspection or investigation conducted under section 8, or
  `(2) a family member of an employee if the employee is killed as a result
  of a work-related injury or illness which is the subject of an inspection
  or investigation of a death or serious incident conducted under section
  8 and the employee cannot reasonably exercise the rights of an employee
  under this section.
  `(b) RIGHTS- On request, a victim shall be afforded the right, with respect
  to a work-related injury, illness, or death involving the victim, to--
  `(1) meet with the Secretary or an authorized representative of the
  Secretary respecting the inspection or investigation conducted under
  section 8 concerning the victim's injury, illness, or death before the
  Secretary's decision to issue a citation or to take no action, and
  `(2) receive, at no cost, a copy of any citation or report issued as a
  result of such inspection or investigation on the date the citation or
  report is issued, be informed of any notice of contest filed under section
  10, and be provided an explanation of the rights of employees and employee
  representatives to participate in proceedings conducted under section 10.
For purposes of section 10, a victim shall have the same rights as an employee.
  `(c) MODIFICATION OF CITATION- Before entering into an agreement to withdraw
  or modify a citation issued as a result of an inspection or investigation
  of a death or serious incident under section 8, the Secretary, on request,
  shall provide an opportunity to the victim involved to appear and make a
  statement before the parties conducting any settlement negotiations.
  `(d) REMEDIES- If this section is violated, a victim shall be entitled to--
  `(1) declaratory relief,
  `(2) injunctive relief,
  `(3) recovery of any costs incurred in securing the documents referred to
  in subsections (b)(2) and (c), and
  `(4) reasonable attorney's fees and costs.
  `(e) NOTIFICATION- The Secretary shall take reasonable actions to inform
  victims of their rights under this section.'.
TITLE XII--WORKER'S COMPENSATION STUDY
SEC. 1201. COMMISSION.
  (a) ESTABLISHMENT- There is established the Federal Worker's Compensation
  Commission (hereinafter in this title referred to as the `Commission').
  (b) MEMBERSHIP- The Commission shall be composed of 15 members appointed
  as follows:
  (1) 7 members shall be appointed by the President. One of such members
  shall be the Chairman.
  (2) 4 members shall be appointed by the Speaker of the House of
  Representatives. The Speaker may appoint a Member of Congress to serve on
  the Commission.
  (3) 4 members shall be appointed by the Majority Leader of the Senate. The
  Majority Leader may appoint a Member of the Senate to serve on the
  Commission.
8 members of the Commission shall constitute a quorum for the purpose of
doing business.
  (c) DUTIES- The duties of the Commission are as follows:
  (1) The Commission shall review the recommendations of the National
  Commission on State Workmen's Compensation Laws to determine the extent
  such recommendations were implemented, to identify barriers to such
  implementation which existed or still exist, and to determine if the
  recommendations which were not implemented are still appropriate.
  (2) The Commission shall study the feasibility of utilizing worker's
  compensation data to target loss prevention activities on high risk
  occupations.
  (3) The Commission shall examine worker's compensation laws to determine--
  (A) the effectiveness of the laws in meeting financial and medical needs
  of injured workers,
  (B) the adequacy of the administrative system under such laws and the
  appropriateness of such laws being the exclusive remedy for injuries and
  deaths in light of disputes, litigation, and delays in resolving cases
  brought under such laws,
  (C) whether such laws provide adequately for occupational illnesses and
  diseases and provide for quality control and medical and rehabilitation
  costs with cost control,
  (D) whether such laws provide sufficient time for recuperation and counseling
  before an injured or ill worker returns to full duty,
  (E) the relationship between worker's compensation, safety and health
  programs, and insurance rates and services,
  (F) the feasibility and appropriateness of transferring the branch of the
  Department of Labor involved in worker's compensation studies from the
  Employment Standards Administration to the Occupational Safety and Health
  Administration, and
  (G) the feasibility of preempting State worker's compensation laws with
  a national program.
  (4) The Commission shall transmit to the President and the Congress not later
  than two years after the effective date of this Act a final report containing
  a detailed statement of its findings, conclusions, and recommendations.
  (d) AUTHORITY-
  (1) The Commission or, on the authorization of the Commission, any
  subcommittee or members thereof, may, for the purpose of carrying out
  subsection (c), hold such hearings, take such testimony, and sit and act
  at such times and places as the Commission deems advisable. Any member
  authorized by the Commission may administer oaths or affirmations to
  witnesses appearing before the Commission or any subcommittee or members
  thereof.
  (2) Each department, agency, and instrumentality of the executive branch
  of the Government, including independent agencies, shall furnish to the
  Commission, upon request made by the Chairman, such information as the
  Commission deems necessary to carry out its functions under subsection (c).
  (3) Subject to such regulations as may be adopted by the Commission,
  the Chairman shall have the power to--
  (A) appoint and fix the compensation of an executive director, and such
  additional staff personnel as the Chairman deems necessary, without regard
  to the provisions of title 5, United States Code, governing appointments in
  the competitive service, and without regard to the provisions of chapter 51
  and subchapter III of chapter 53 of such title relating to classification
  and General Schedule pay rates, but at rates not in excess of the maximum
  rate for GS-18 of the General Schedule under section 5332 of such title, and
  (B) procure temporary and intermittent services to the same extent as is
  authorized by section 3109 of title 5, United States Code.
  (4) The Commission may enter into contracts with Federal or State agencies,
  private firms, institutions, and individuals for the conduct of research
  or surveys, the preparation of reports, and other activities necessary to
  the discharge of its duties.
  (5) Members of the Commission who are not Members of Congress shall receive
  compensation for each day they are engaged in the performance of their
  duties as members of the Commission at the daily rate prescribed for GS-18
  under section 5332 of title 5, United States Code, and shall be entitled
  to reimbursement for travel, subsistance, and other necessary expenses.
TITLE XIII--EFFECTIVE DATE
SEC. 1301. EFFECTIVE DATE.
  This Act and the amendments made by this Act shall become effective on
  the date that is 90 days after the date of the enactment of this Act.