Text: H.R.1280 — 103rd Congress (1993-1994)All Information (Except Text)

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Introduced in House (07/22/1993)

 
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 1280 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1280

       To revise the Occupational Safety and Health Act of 1970.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1993

Mr. Ford of Michigan (for himself, Mr. Clay, Mr. Miller of California, 
Mr. Murphy, Mr. Kildee, Mr. Martinez, Mr. Owens, Mr. Sawyer, Mr. Payne 
of New Jersey, Mrs. Unsoeld, Mrs. Mink, Mr. Andrews of New Jersey, Mr. 
  Engel, Mr. Becerra, Mr. Gene Green of Texas, Mr. Strickland, Mr. de 
 Lugo, and Mr. Faleomavaega) introduced the following bill; which was 
  referred jointly to the Committees on Education and Labor and House 
                             Administration

                             July 22, 1993

   Additional Sponsors: Mr. Dingell, Mr. McCloskey, Mr. Borski, Mr. 
   Sanders, Mr. Berman, Mr. Stokes, Mr. Ackerman, Ms. Eddie Bernice 
 Johnson of Texas, Mr. Dellums, Mr. Meehan, Mr. Olver, Mr. Foglietta, 
  Ms. Woolsey, Mr. Pastor, Mr. Hastings, Mr. Nadler, Ms. Pelosi, Mr. 
 Visclosky, Mr. Filner, Mr. Stupak, Mr. Rangel, Mr. Lantos, Mr. Sabo, 
   Mrs. Maloney, Mr. Blackwell, Mr. Bonior, Mr. Torres, Mr. Neal of 
  Massachusetts, Mr. Mineta, Mr. Brown of California, Ms. Kaptur, Mr. 
 Rahall, Mr. Gonzalez, Mr. Gutierrez, Mr. Frank of Massachusetts, Mr. 
Coleman, Mr. Moakley, Mr. Edwards of California, Mr. Stark, Mr. Barlow, 
Mr. Wilson, Mr. Kennedy, Mr. LaFalce, Mr. Vento, Mr. Dixon, Mr. Evans, 
   Ms. Velazquez, Mr. Yates, Mrs. Schroeder, Mr. Hochbrueckner, Mr. 
   McDermott, Mr. Hinchey, Mr. Serrano, Mr. Deutsch, Mr. Mfume, Mrs. 
Collins of Illinois, Miss Collins of Michigan, Mr. Wynn, Mr. Reynolds, 
Mr. Hall of Ohio, Mr. Towns, Ms. Roybal-Allard, Mr. Flake, Mr. Studds, 
               Mr. Bilbray, Ms. Norton, and Ms. Slaughter

_______________________________________________________________________

                                 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. Congressional coverage.
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 adverse medical condition.
Sec. 404. Public disclosure of all communications on standards.
Sec. 405. Revision of permissible exposure limits.
Sec. 406. Exposure monitoring and health surveillance.
Sec. 407. Standard on ergonomic hazards.
Sec. 408. Emergency temporary standard.
Sec. 409. Air contaminants.
                          TITLE V--ENFORCEMENT

Sec. 501. No loss of employee pay for inspections.
Sec. 502. Time frame for response to complaints.
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 to a 
                            citation.
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.
Sec. 512. OSHA criminal penalties.
Sec. 513. Commission members' terms.
Sec. 514. Inspections.
Sec. 515. Employee accountability.
Sec. 516. Serious penalty.
         TITLE VI--PROTECTION OF EMPLOYEES FROM DISCRIMINATION

Sec. 601. Antidiscrimination provisions.
Sec. 602. Posting of employee rights.
              TITLE VII--TECHNICAL ASSISTANCE AND TRAINING

Sec. 701. Technical assistance to employers and employees.
                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. Contractor rights.
Sec. 904. National surveillance program.
Sec. 905. Establishment of NIOSH as a separate agency within Public 
                            Health Service.
Sec. 906. Conforming amendments changing references from HEW to HHS.
Sec. 907. NIOSH Training.
                          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.
Sec. 1007. Validity of State laws.
                       TITLE XI--VICTIM'S RIGHTS

Sec. 1101. Victim's rights.
                     TITLE XII--CONSTRUCTION SAFETY

Sec. 1201. Definitions.
Sec. 1202. Office of Construction Safety, Health, and Education.
Sec. 1203. Construction safety and health plans and programs.
Sec. 1204. Inspections, investigations, reporting, and recordkeeping.
Sec. 1205. Advisory Committee on Construction Safety and Health.
Sec. 1206. State construction safety and health plans.
Sec. 1207. Construction Safety and Health Academy.
Sec. 1208. Enforcement.
Sec. 1209. Reports to Congress.
Sec. 1210. Federal construction contracts.
Sec. 1211. Relationship to existing law and regulations.
Sec. 1212. Timetable for regulations.
                TITLE XIII--WORKER'S COMPENSATION STUDY

Sec. 1301. Commission.
                       TITLE XIV--ADMINISTRATION

Sec. 1401. Administration.
                        TITLE XV--EFFECTIVE DATE

Sec. 1501. 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) mandatory regulation is necessary to protect employees 
        from health and safety hazards but Federal agency standard 
        setting has not kept pace with knowledge about such 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 requirements of this section on classes of employers 
        where the Secretary determines that in light of the nature of 
        the risks faced by the employers' employees, such a 
        modification would not adversely affect employee safety and 
        health.
            ``(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, including 
        investigating and recording work-related illnesses, injuries, 
        and deaths;
            ``(2) methods and procedures for correcting the safety and 
        health hazards identified under paragraph (1);
            ``(3) methods and procedures for providing emergency 
        response first-aid and other occupational health services;
            ``(4) 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;
            ``(5) 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;
            ``(6) the designation of representatives of the employer 
        who have the qualifications and responsibility to identify 
        safety and health hazards and the authority to initiate 
        corrective action where appropriate;
            ``(7) 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
            ``(8) 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) which shall take 
        effect no later than 18 months after such effective date.
            ``(2) Regulations on training and education.--The 
        regulations of the Secretary under paragraph (1) respecting an 
        employer's safety and health program shall--
                    ``(A)(i) provide for training and education of 
                employees at the time of employment, in a manner that 
                is readily understood by such employees, concerning 
                safety and health hazards, control measures, and the 
                employer's safety and health program;
                    ``(ii) provide for the dissemination of information 
                to employees at the time of employment, in a manner 
                that is readily understood by such employees, regarding 
                employee rights and applicable laws and regulations; 
                and
                    ``(iii) provide for training and education of 
                employees who are selected to be safety and health 
                committee members, at the time of their selection, to 
                enable such employees to carry out the activities of 
                the committee under section 28; and
                    ``(B) 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) Coordination of programs.--The regulations of the 
        Secretary under paragraph (1) shall provide that any specific 
        program or training requirements imposed by regulations issued 
        under section 6 may be combined or coordinated with an 
        employer's safety and health program.
            ``(4) No loss of pay.--The time during which employees are 
        participating in training and education provided in accordance 
        with the regulations of the Secretary shall be considered hours 
        worked for purposes of wages, benefits, and other terms and 
        conditions of employment. The training and education shall be 
        provided by an employer at no cost to the employer's 
        employees.''.

 TITLE II--SAFETY AND HEALTH COMMITTEES AND EMPLOYEE SAFETY AND HEALTH 
                            REPRESENTATIVES

SEC. 201. SAFETY AND HEALTH COMMITTEES AND EMPLOYEE SAFETY AND HEALTH 
              REPRESENTATIVES.

    (a) In General.--Section 28 is amended to read as follows:

``SEC. 28. SAFETY AND HEALTH COMMITTEES AND EMPLOYEE SAFETY AND HEALTH 
              REPRESENTATIVES.

    ``(a) Purpose.--The purpose of this section is to bring employees 
and employers together in a nonadversarial, cooperative effort to 
promote safety and health in each worksite. A safety and health 
committee established under subsection (b) assists the employer and 
makes recommendations regarding methods of addressing safety and health 
hazards.
    ``(b) Safety and Health Committee Establishment.--Each employer of 
11 or more employees shall establish a safety and health committee at 
each worksite of the employer except as provided in subsections (e) and 
(g) (hereinafter in this section referred to as the `safety and health 
committee'). For purposes of this section, the term `employee' means an 
employee who is employed by an employer an average of 20 or more hours 
per week.
    ``(c) Committee Rights.--
            ``(1) In general.--Each safety and health 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 
                safety and health committee members;
                    ``(C) review, upon request to the employer by any 
                safety and health committee member, 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 
                safety and health 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 safety and health committee; and
                    ``(I) make, and receive a response from the 
                employer to--
                            ``(i) recommendations on behalf of the 
                        safety and health committee (including the 
                        separate views of any member of the committee), 
                        or
                            ``(ii) recommendations on behalf of the 
                        employer or employee representatives on such 
                        safety and health 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.
        Recommendations under subparagraph (I) shall be advisory only 
        and the employer shall retain full authority to manage the 
        worksite.
            ``(2) Time for safety and health committee activities.--The 
        employer shall permit members of the safety and health 
        committee to take such time from work as is reasonably 
        necessary to exercise the rights of the committee, without 
        suffering any loss of wages, benefits, and other terms and 
        conditions of employment for time spent on duties of the 
        committee.
    ``(d) Safety and Health Committee.--
            ``(1) Membership.--Each safety and health committee shall 
        consist of the employee safety and health representatives 
        selected or appointed under paragraph (3) and up to an equal 
        number of employer representatives.
            ``(2) Employee safety and health representatives.--The 
        safety and health committee shall include--
                    ``(A) 1 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;
                    ``(B) 2 representatives where the number of 
                employees is at least 50 but less than 100; and
                    ``(C) an additional employee safety and health 
                representative for each additional 100 such employees, 
                up to a maximum of 6 employee safety and health 
                representatives.
            ``(3) Selection.--The employer's nonmana- gerial employees 
        shall select employee safety and health representatives by and 
        from among them-selves as follows:
                    ``(A) Where none of the employer's employees at a 
                worksite are represented by an exclusive bargaining 
                representative, the employees shall select employee 
                safety and health representatives.
                    ``(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 representative 
                or where some but not all of the employees are 
                represented by an exclusive representative, each 
                bargaining unit of represented employees (and any 
                residual group of unrepresented employees) shall have a 
                proportionate number of employee safety and health 
                representatives based on the number of employees in 
                each bargaining unit or group, except that each such 
                unit or group of 11 or more employees shall have at 
                least one representative. The selection process shall 
                be conducted in accordance with subparagraph (A) or 
                (B), as applicable.
            ``(4) Each employee's right to seek to be an employee 
        safety and health representative and to otherwise participate 
        in the selection process without being subject to penalties, 
        discipline, employer interference, or reprisal of any kind 
        shall be protected.
    ``(e) Regulations.--The Secretary shall, within 1 year of the 
effective date of the Comprehensive Occupational Safety and Health 
Reform Act, issue regulations on safety and health committees. Such 
regulations shall be effective within 18 months of the effective date. 
Such regulations shall include provisions on--
            ``(1) the functioning of committees, including the 
        selection of employee safety and health representatives, the 
        terms of employee safety and health representatives, and 
        maintenance of records; and
            ``(2) the functioning of committees, the method of 
        selection, and the number of employee safety and health 
        representatives--
                    ``(A) where an employer's employees do not 
                primarily report to or work at a fixed location;
                    ``(B) with regard to worksites with less than 11 
                employees of a covered employer; and
                    ``(C) where employees of more than 1 employer are 
                employed.
    ``(f) 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.
    ``(g) Alternative Mechanisms for Employee Participation.--Upon 
application of the employer, the Secretary may approve the 
establishment of a mechanism for employee participation in safety and 
health decision making which differs in form from the safety and health 
committee if the alternative ensures that employees may meaningfully 
participate in safety and health activities at the worksite. An 
application to establish an alternative mechanism for employee 
participation may not be approved by the Secretary unless--
            ``(1) the mechanism for employee participation provides for 
        the free and fair selection of employee participants by and 
        from among the employer's nonmanagerial employees in a manner 
        that ensures that employees will not be subject to penalties, 
        discipline, employer interference, or reprisals of any kind;
            ``(2) the mechanism for employee participation ensures that 
        the rights under subsection (c) may be exercised by the 
        employee participants; and
            ``(3) the mechanism for employee participation contains 
        such other provisions as the Secretary may require.
The Secretary shall not approve an application unless the employer's 
nonmanagerial employees have received notice and have been provided at 
least 60 days in which to comment on the application.
    ``(h) A safety and health committee established under and operating 
in conformity with section 28 shall not constitute a labor organization 
within the meaning of section 2(5) of the National Labor Relations Act 
or a representative within the meaning of section 1, sixth, of the 
Railway Labor Act.''.
    (b) Employee Participation in Inspections.--Section 8(e) (29 U.S.C 
657(e)) is amended to read as follows:
    ``(e) Subject to regulations issued by the Secretary, a 
representative of the employer and a designee of the employee safety 
and health representatives shall be given an opportunity to accompany 
the Secretary or the Secretary's authorized representative during the 
physical inspection of any workplace under subsection (a) for the 
purpose of aiding such inspection. Where no employee safety and health 
representatives have been selected, a representative authorized by an 
employer's employees shall be given an opportunity to accompany the 
Secretary in lieu of the designee of the employee safety and health 
representative. Where there is no authorized employee representative, 
the Secretary or the Secretary's authorized representative shall 
consult with a reasonable number of employees concerning matters of 
health and safety in the workplace.''.

                          TITLE III--COVERAGE

SEC. 301. EXTENSION OF COVERAGE TO PUBLIC EMPLOYEES.

    Section 3(5) (29 U.S.C. 652(5) is amended by inserting ``, 
including any State or political subdivision of a State'' after ``who 
has employees'' and by striking out ``or any State or political 
subdivision of a State''.

SEC. 302. CONGRESSIONAL COVERAGE.

    (a) House actions.--The Committee on House Administration of the 
House of Representatives shall establish and maintain an effective and 
comprehensive occupational safety and health program to protect the 
health and safety of congressional employees (as defined in section 
2107 of title 5, United States Code, but not including an employee who 
is paid by the Secretary of the Senate). The program shall provide--
            (1) for compliance with section 5(a)(1) of the Occupational 
        Safety and Health Act of 1970 (referred to in this subsection 
        as the ``Act''), the occupational health and safety standards 
        issued under section 6 of the Act, and the regulations issued 
        under section 8 of the Act;
            (2) for the development of written health and safety 
        programs consistent with section 27 of the Act and the 
        establishment of joint health and safety committees consistent 
        with section 28 of the Act; and
            (3) for the establishment of an effective enforcement 
        mechanism to ensure compliance with the requirements of the 
        health and safety programs developed under this section.
            (4) for the Fair Employment Practices Board of the House of 
        Representatives to establish procedures (consistent with the 
        procedures under section 11(c) of the Occupational Safety and 
        Health Act of 1970) for discrimination cases brought under the 
        program.
Under the program, if a willful violation of a standard issued under 
section 6 results in the death or serious bodily injury of an employee, 
such violation may be referred to the Attorney General for prosecution.
    (b) Committee on House Administration.--In connection with the 
program established under subsection (a), the Committee on House 
Administration of the House of Representatives shall--
            (1) acquire, maintain, and require the use of engineering 
        controls, work practice controls, safety equipment, personal 
        protective equipment, and other devices reasonably necessary to 
        protect employees; and
            (2) employ, as appropriate, individuals qualified by 
        education and experience to identify occupational safety and 
        health hazards and to recommend corrective actions.
    (c) Rulemaking.--The provisions of this section are enacted by the 
House of Representatives as an exercise of the rulemaking power of the 
House of Representatives with full recognition of the right of the 
House to change its rules in the same manner and to the same extent as 
in the case of any other rule of the House.

SEC. 303. APPLICATION OF OSHA TO DOE NUCLEAR FACILITIES.

    Paragraph (3) of section 4(b) (29 U.S.C. 653(b)(6)) is amended to 
read as follows:
    ``(3) 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--
            (1) by striking ``each of his employees'' and inserting 
        ``each employee''; and
            (2) by striking ``to his employees'' and inserting ``to 
        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 decision, 
        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 by striking ``Within'' and all that follows 
through ``paragraph (3)'' and inserting ``Within 18 months following 
publication of a proposed rule under paragraph (2)(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 this section within the time 
period prescribed therefor by this section 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 statute 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: ``The procedures of this subsection 
shall be the exclusive means of challenging the validity of any 
occupational safety and health standard and the validity of any such 
standard may not be raised in an enforcement action under section 10 or 
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. For purposes of this paragraph, the term 
        `significant risk' means a risk from an occupational safety or 
        health hazard which may be reasonably anticipated to cause 
        material impairment of health or functional capacity to 
        employees exposed to such safety or health hazard. A risk shall 
        not be considered significant--
                    ``(A) in the case of a toxic substance or harmful 
                physical agent that may cause cancer, if the risk 
                resulting from employee exposure to such substance or 
                agent does not exceed one in a million (as determined 
                by conservative risk assessment models), or
                    ``(B) in the case of an occupational safety or 
                health hazard other than a potential carcinogen, if a 
                condition, practice, or exposure is not reasonably 
                anticipated to cause material impairment of health or 
                functional capacity to employees exposed to such 
                hazard, taking into account an ample margin of 
                safety.''.

SEC. 403. RECORDING OF ADVERSE MEDICAL CONDITION.

    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 work-related adverse medical 
conditions determined as a result of medical examinations or tests 
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 but not 
        including communications with the President) regarding the 
        promulgation, modification, or revocation of a standard under 
        this section in the public record within 10 working days of the 
        receipt of such communications.''.

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 if an exposure 
        limit should be 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, 
        recommendations of State and Federal agencies, and 
        consideration of whether such toxic materials and harmful 
        physical agents pose a significant risk to employee health or 
        safety.
            ``(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 HEALTH 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 health 
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.
                    ``(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.
            ``(2) The standard on health 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 of 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, and other terms and 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.''.

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 2 years 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) Requirements 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. EMERGENCY TEMPORARY STANDARD.

    Section 6(c) (29 U.S.C. 655(c)) is amended--
            (1) in paragraph (1), by striking ``if he determines'' and 
        inserting ``if the Secretary determines on the basis of the 
        best available evidence''; and
            (2) in paragraph (3), by striking ``six months'' and 
        inserting ``18 months''.

SEC. 409. AIR CONTAMINANTS.

    Not later than 60 days after the date of the enactment of this Act, 
The Secretary of Labor shall issue an interim final regulation reducing 
permissible exposure limits to toxic substances. Such interim final 
regulation shall include and place into effect--
            (1) the final rule on air contaminants published at 54 
        Federal Register 2332 (January 19, 1989), and
            (2) the proposed rule on air contaminants for construction, 
        agriculture, and maritime published at 57 Federal Register 
        26001 (June 12, 1992).
Such interim final regulation shall take effect upon its issuance 
(except that such regulation may include a reasonable delay in the 
effective date of specific provisions) and shall have the legal effect 
of an occupational safety and health standard issued under section 6 of 
the Occupational Safety and Health Act of 1970.

                          TITLE V--ENFORCEMENT

SEC. 501. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS.

    Section 8(e) (29 U.S.C. 657(e)) (as amended by section 201(b)) 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 wages, benefits, and 
other terms and conditions of employment for having participated in the 
inspection.''.

SEC. 502. TIME FRAME FOR RESPONSE TO COMPLAINTS.

     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'';
            (2) in the second sentence, by striking out ``Any such 
        notice'' through ``and a copy shall be provided'' and inserting 
        in lieu thereof the following: ``Any such notice shall set 
        forth with reasonable particularity the grounds for the notice, 
        and a copy of the notice if written or a summary of the notice 
        if oral shall be provided''; and
            (3) by adding at the end the following: `The Secretary 
        shall make a special inspection in accordance with this section 
        upon notification from any Federal or State agency that there 
        are reasonable grounds to believe that a violation of this Act 
        or safety and health standard under section 6 exists that 
        threatens physical harm.''.

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.
    ``(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. The appropriate 
measures required by this paragraph do not prevent an employer from 
taking action on a worksite to prevent injury to employees or 
substantial damage to property. If an employer takes such action, the 
employer shall notify the Secretary of the action in a timely fashion.
    ``(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 TO A 
              CITATION.

    (a) Citations and Enforcement.--Section 10 (29 U.S.C. 659) is 
amended as follows:
            (1) in subsection (b), by inserting after ``which period'' 
        the following: ``for other than serious violations'';
            (2) by adding at the end the following:
    ``(d) For each violation which the Secretary characterizes as 
serious, willful, or repeated, the period permitted for the correction 
of the violation shall begin to run upon receipt of the citation. The 
filling of a notice of contest by an employer shall not operate as a 
stay of the period for correction of the violation. In cases where the 
failure to stay the period for correction of the violation may pose an 
undue hardship for an employer, the Commission, on the basis of an 
employer's motion, may stay the running of such period while 
proceedings before the Commission are pending. In determining whether a 
stay should be issued, the Commission shall consider--
            ``(1) whether the employer has demonstrated a likelihood of 
        success on the merits;
            ``(2) whether the employer will suffer irreparable harm 
        absent a stay;
            ``(3) whether issuance of the stay will substantially 
        injure the other parties interested in the proceeding; and
            ``(4) the public interest.''.
    (b) Penalties.--Section 17(d) (29 U.S.C. 666(d)) is amended by 
inserting after ``which period'' the following: ``for other than 
serious violations''.
    (c) Employer Contest.--Section 10(c) (29 U.S.C 659) is amended by 
inserting after the first sentence the following: ``The pendence of a 
contest before the Commission shall not bar the Secretary from 
inspecting a place of employment or from issuing a citation under 
section 9.''.
    (d) Statute of Limitation.--Section 9(c) (29 U.S.C 658(c)) is 
amended by adding at the end the following: ``The six month time limit 
shall not apply to a notification of penalty.''.
    (e) Verification of Abatement.--Section 10 (as amended by 
subsection (a)) 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. 
Such verification shall include appropriate documentary evidence of 
abatement. 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--
            (1) inserting after ``9(a)'' the second time it appears the 
        following: ``or a modification of a citation'', and
            (2) inserting after ``files a notice with the Secretary'' 
        the following: ``alleging 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 
striking out ``hearings'' and inserting in lieu thereof 
``proceedings''.

SEC. 509. OBJECTIONS TO MODIFICATION OF CITATIONS.

    Section 10 (29 U.S.C. 659) (as amended by section 506(e)) 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 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.
    ``(3) The fact that notice under paragraph (2) has been posted 
shall be noted in any citation issued pursuant to section 9 with 
respect to the hazard involved.
    ``(4) 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 (2). 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)(2) 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.

    (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, 28, or 30'' 
        after ``section 5'',
            (2) in subsection (b), by inserting ``, 27, 28, or 30'' 
        after ``section 5'', and
            (3) in subsection (c), by inserting ``, 27, 28, or 30'' 
        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 inserting after ``employer'' the following: 
                ``and every officer, management official, or supervisor 
                having direction, management, control, or custody of 
                any place of employment of such employee'';
                    (B) 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,'';
                    (C) by striking out ``six months'' and inserting in 
                lieu thereof ``10 years'';
                    (D) 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
                    (E) 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 and any officer, management official, or 
supervisor having direction, management, control, or custody of any 
place of employment 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 
or subsection (e), 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.''.

SEC. 513. COMMISSION MEMBER'S TERMS.

    Section 12(b) (29 U.S.C. 661(b)) is amended by adding after the 
first sentence the following: ``A member of the Commission may serve 
after the expiration of the member's term until a successor has taken 
office.''.

SEC. 514. INSPECTIONS.

    Section 8(a) (29 U.S.C. 657(a)) is amended by adding after and 
below paragraph (2) the following: ``In carrying out the inspection 
authority under this section, the Secretary shall establish an 
effective system for targeting inspections of worksites, especially 
worksites with a high potential for death, serious injury, or exposure 
to toxic materials or harmful physical agents and shall establish 
priorities for such inspections to ensure that enforcement activities 
are concentrated on such worksites.''.

SEC. 515. EMPLOYEE ACCOUNTABILITY.

    Section 9 (29 U.S.C. 658) is amended by adding at the end the 
following:
    ``(d) A citation issued under subsection (a) to an employer who 
violates the requirements of section 5, any standard, rule, or order 
promulgated pursuant to section 6, or any other regulation promulgated 
under this Act shall be vacated if such employer demonstrates that--
            ``(1) employees of such employer have been provided with 
        the proper training and equipment to prevent such a violation;
            ``(2) work rules designed to prevent such a violation have 
        been established and adequately communicated to employees by 
        such employer and have been effectively enforced when such a 
        violation has been discovered;
            ``(3) the failure of employees to observe work rules led to 
        the violation; and
            ``(4) reasonable steps have been taken by such employer to 
        discover any such violation.''.

SEC. 516. SERIOUS PENALTY.

    Section 17(b) (29 U.S.C. 656(b)) is amended by inserting ``(1)'' 
after ``(b)'' and by adding at the end the following:
    ``(2) The minimum penalty for a violation described in paragraph 
(1) shall be at least $1,000. The amount of any such increased penalty 
collected by the Secretary (beyond fiscal year 1992 penalty collection 
levels) shall be credited as an offsetting collection to the 
appropriation account of the Secretary for expenses for the 
administration of this Act and shall remain available to the Secretary 
until expended.''.

         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 before the period 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, when practicable, must have sought from his employer, and 
have been unable to obtain, correction 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)(i) 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. During the investigation, the Secretary shall 
notify the respondent to the complaint of the charges made in the 
complaint, shall provide the respondent with an opportunity to meet the 
investigator conducting the investigation, to submit a response to such 
charges, and to present witnesses to rebut such charges. The Secretary 
shall also consider the result of any collectively bargained grievance 
proceeding which may have been held with respect to such charges. Upon 
completion of the investigation, the Secretary shall notify the 
complainant and the respondent to the complaint 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).
    ``(ii) After the Secretary has made findings 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. If the Secretary does not issue findings with 
respect to a complaint within 90 days of the receipt of the complaint, 
the complainant may request a hearing on the record on the complaint.
    ``(iii) A hearing requested under clause (ii) 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) In determining whether a violation of paragraph (1) or (2) 
has occurred, the legal burdens of proof are as follows:
            ``(A) A violation of paragraph (1) or (2) may be determined 
        to have occurred only if the complainant demonstrates that the 
        exercise of a right protected by such paragraph was a 
        contributing factor in the discharge or discrimination alleged 
        in the complaint.
            ``(B) Relief may not be ordered if the employer named in 
        the complaint demonstrates by clear and convincing evidence 
        that the employer would have taken the same unfavorable action 
        against the complainant in the absence of the complainant's 
        exercise of such protected rights.''.

SEC. 602. POSTING OF EMPLOYEE RIGHTS.

    Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by adding at the 
end the following: ``Such regulations shall include provisions 
requiring employers to post for employees the protections afforded 
under section 11(c).''.

              TITLE VII--TECHNICAL ASSISTANCE AND TRAINING

SEC. 701. TECHNICAL ASSISTANCE TO EMPLOYERS AND EMPLOYEES.

    Section 7 (29 U.S.C. 656) is amended by adding at the end the 
following:
    ``(d)(1) The Secretary shall develop and disseminate, directly or 
by grant or contract, training curricula, model programs, and other 
information and materials designed to assist employers in complying 
with--
            ``(A) the requirements for safety and health programs and 
        employee safety and health training and education under section 
        27,
            ``(B) the requirements for safety and health committees 
        under section 28,
            ``(C) the requirements of section 5, including the 
        requirements of standards issued under section 6, and
            ``(D) other requirements of this Act.
    ``(2) The Secretary shall establish and implement a program to 
provide technical assistance and consultative services for employers 
and employees, either directly or by grant or contract, concerning 
worksite safety and health and compliance with this Act. Such 
assistance and consultative services shall be targeted at small 
employers, high hazard worksites, and high hazard industries.
    ``(e)(1) There is established in the Treasury of the United States 
a revolving fund to be known as the `OSHA Assistance Fund' (hereinafter 
in this subsection referred to as the `Fund'). The Fund shall be used 
to pay the costs of implementing subsection (d) (including 
administrative and personnel expenses). Monies in the Fund shall be 
available without fiscal year limitation to the Secretary for such 
purpose.
    ``(2)(A) The Secretary shall charge fees in accordance with this 
paragraph to offset the cost of implementing subsection (d). Such 
fees--
            ``(i) shall be imposed on a uniform basis on persons 
        receiving assistance under subsection (d);
            ``(ii) shall not exceed the cost of implementing subsection 
        (d); and
            ``(iii) with respect to each person receiving such 
        assistance, shall bear a reasonable relationship to the cost of 
        providing such assistance to such person.
    ``(B) Fees received by the Secretary under this subsection shall be 
deposited in the Fund.
    ``(C) The Secretary shall report with respect to each fiscal year 
to the Congress on the operation of the Fund and shall include in such 
report--
            ``(i) a summary of the assistance which the Secretary has 
        provided under subsection (d) with monies in the Fund in the 
        fiscal year for which such report is prepared;
            ``(ii) the cost to the Secretary to provide such 
        assistance; and
            ``(iii) the amount of any fee received by the Secretary for 
        such assistance.
    ``(3) The Secretary of the Treasury shall invest the portion of the 
Fund not required to satisfy current expenditures from the Fund, as 
determined by the Secretary, in obligations of the United States or 
obligations guaranteed as to principal by the United States. Investment 
proceeds shall be deposited in the Fund.
    ``(4) There is transferred to the Fund $30,000,000 from the 
Salaries and Expenses appropriation of the Secretary for fiscal year 
1994.''.

                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 such information as may be necessary and conduct analyses 
that identify--
            ``(i) industries, employers, establishments, processes, 
        operations, and occupations that have a high rate of injury or 
        illness;
            ``(ii) factors that cause or contribute to injuries and 
        illnesses;
            ``(iii) workers' compensation and other costs associated 
        with the injuries and illnesses; and
            ``(iv) employee exposures to toxic substances and harmful 
        physical agents.
    ``(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 by striking 
``injuries and illnesses other than minor injuries requiring only first 
aid treatment and'' and inserting ``injuries, illnesses, 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, and an adverse medical condition determined as a result of a 
medical examination or test conducted under an occupational safety and 
health standard. Records and reports shall not be required for minor 
injuries requiring only first aid treatment and''.

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 
        potentially 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. CONTRACTOR RIGHTS.

    Section 20(b) (29 U.S.C. 669(b)) is amended in the first sentence 
by inserting after ``Secretary of Health and Human Services'' the 
following: ``or the Secretary's designees or contractors''

SEC. 904. 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), within 2 years of the date of the 
enactment of the Comprehensive Occupational Safety and Health Reform 
Act, 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. 905. 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. 906. 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), sections 20 
through 26 (29 U.S.C. 669 through 675), and section 27(c)(1) (29 U.S.C 
676(c)(1) and inserting in lieu thereof ``Health and Human Services''.

SEC. 907. NIOSH TRAINING.

    Section 21(a) (29 U.S.C. 670(a)) is amended by inserting after 
``education programs to provide an adequate supply of qualified 
personnel to carry out the purposes of this Act,'' the following: 
``including education programs for employees and members of safety and 
health committees, as appropriate,''

                          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, and.''.

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. Section 9(c) shall not apply with respect to a 
citation issued under this paragraph.''.

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 1004) is amended 
by adding at the end the following:
    ``(k)(1) 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.
    ``(2) In the case of a State which the Secretary identifies as--
            ``(A) requiring State legislation (other than legislation 
        appropriating funds) to modify the State safety and health plan 
        to conform to the requirements of this Act, and
            ``(B) having a legislature which is not scheduled to meet 
        within 1 year of the effective date of the Comprehensive 
        Occupational Safety and Health Reform Act in legislative 
        session in which such legislation may be considered,
the State shall modify the plan to conform to the requirements of this 
Act within 1 year or by the first day of the first calendar quarter 
beginning after the close of the first legislative session of the State 
legislature that begins after the effective date of the Comprehensive 
Occupational Safety and Health Reform Act, whichever is later. For 
purposes of the previous sentence, in the case of a State that has a 2-
year legislative session, each year of such session shall be deemed to 
be a separate session of the State legislature.''.

SEC. 1007. VALIDITY OF STATE LAWS.

    Section 18 (29 U.S.C. 667) (as amended by section 1006) is amended 
by adding at the end the following:
    ``(l) Nothing in this section shall prevent any State from enacting 
or enforcing State public safety and health laws which are not limited 
to providing safe and healthful employment or places of employment, 
including--
            ``(1) laws that regulate employees or places of employment 
        as a means of protecting the safety and health of both non-
        employee members of the public and employees, and
            ``(2) laws that license individuals to perform particular 
        types of work.''.

                       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--
                    ``(A) 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; or
                    ``(B) sustains a work-related injury which is the 
                subject of an inspection or investigation conducted 
                under section 8 and the employee cannot reasonably 
                exercise the employee's rights under this section.
    ``(b) Rights.--On request, a victim shall be afforded the right, 
with respect to a work-related injury, illness, or death, to--
            ``(1) meet with the Secretary or an authorized 
        representative of the Secretary respecting the inspection or 
        investigation conducted under section 8 concerning the 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.
    ``(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) Notification.--The Secretary shall take reasonable actions to 
inform victims of their rights under this section.''.

                     TITLE XII--CONSTRUCTION SAFETY

SEC 1201. DEFINITIONS.

    Section 3 (29 U.S.C. 652) (as amended by section 512(b)) is further 
amended by adding at the end thereof the following new paragraph:
            ``(16) For purposes of section 7(c), subsections (j) 
        through (l) of section 8, and sections 30 and 31:
                    ``(A) The term `construction employer' means an 
                employer as defined in paragraph (5) (including an 
                employer who has no employees) who is engaged primarily 
                in the building and construction industry or who 
                performs construction work under a contract with a 
                construction owner, except that a utility providing or 
                receiving mutual assistance in the case of a natural or 
                man-made disaster shall not be considered a 
                construction employer.
                    ``(B) The term `construction owner' means a person 
                who owns, leases or has effective control over property 
                with or without improvements, a structure, or other 
                improvement on real property on which construction work 
                is being, or will be, performed.
                    ``(C) The term `construction project' means all 
                construction work by one or more construction employers 
                which is performed for a construction owner and which 
                is described in work orders, permits, requisitions, 
                agreements, and other project documents.
                    ``(D) The term `construction work' means work for 
                construction, alteration, demolition, or repair, or any 
                combination thereof, including painting and decorating, 
                but does not include work performed under a contract 
                between a construction employer and a homeowner for 
                work on the homeowner's own residence, or routine 
                maintenance and upkeep performed at least monthly, and 
                such term shall include work performed under a contract 
                between a construction employer and an agency of the 
                United States or any State or political subdivision of 
                a State.
                    ``(E) The term `construction worksite' means a site 
                within a construction project where construction work 
                is performed by one or more construction employers.
                    ``(F) The term `competent person' means a 
                representative of a construction employer who is 
                capable of identifying safety and health hazards and 
                has authorization from the employer to take prompt 
                corrective action.''.

SEC. 1202. OFFICE OF CONSTRUCTION SAFETY, HEALTH, AND EDUCATION.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) is amended--
            (1) by striking out sections 29 through 32 and section 34; 
        and
            (2) by inserting after section 28 the following new 
        section:

``SEC. 30. OFFICE OF CONSTRUCTION SAFETY, HEALTH, AND EDUCATION.

    ``(a) Establishment.--There is established in the Occupational 
Safety and Health Administration an Office of Construction Safety, 
Health, and Education (hereinafter in this section referred to as the 
`Office') to ensure safe and healthful working conditions in the 
performance of construction work.
    ``(b) Duties.--The Secretary shall--
            ``(1) identify construction employers that have high 
        fatality rates or high lost workday injury or illness rates or 
        who have demonstrated a pattern of noncompliance with safety 
        and health standards, rules, and regulations;
            ``(2) develop a system for notification of employers 
        identified under paragraph (1);
            ``(3) establish, after consultation with the Advisory 
        Committee on Construction Safety and Health, training courses 
        and curriculum for the training of inspectors and other persons 
        with duties related to construction safety and health who are 
        employed by the Occupational Safety and Health Administration;
            ``(4) establish model compliance programs for construction 
        safety and health standards and assist employers, employees, 
        and organizations representing employers and employees in 
        establishing training programs appropriate to such standards; 
        and
            ``(5) establish a toll-free line on which reports, 
        complaints, and notifications required under this Act may be 
        made.
    ``(c) Personnel.--
            ``(1) Deputy assistant secretary for construction.--The 
        Office shall be headed by a Deputy Assistant Secretary of Labor 
        for Construction, appointed by the Secretary. The Deputy 
        Assistant Secretary shall coordinate the activities of the 
        Office and the Advisory Committee on Construction Safety and 
        Health with the activities of other offices and directorates 
        within the Occupational Safety and Health Administration to the 
        extent that the activities of those other offices and 
        directorates relate to safety, health, and education in the 
        construction industry.
            ``(2) Qualifications of inspectors.--The Secretary, with 
        the advice of the Advisory Committee on Construction Safety and 
        Health, shall determine the necessary qualifications and 
        training requirements for individuals employed by the 
        Occupational Safety and Health Administration whose 
        responsibilities include the inspection of construction 
        worksites. Such qualifications and requirements shall, at a 
        minimum, include--
                    ``(A) a requirement that the inspector, after 
                receiving appropriate training, have a full 
                understanding of this Act and the Secretary's standards 
                and regulations applicable to construction work; and
                    ``(B) in the case of a construction safety 
                inspector, at least 5 years of experience working in 
                the construction industry.''.

SEC. 1203. CONSTRUCTION SAFETY AND HEALTH PLANS AND PROGRAMS.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) (as amended by section 1202) is further amended by adding after 
section 30 the following new section:

``SEC. 31. CONSTRUCTION SAFETY AND HEALTH PLANS AND PROGRAMS.

    ``(a) Project Constructor.--The Secretary shall, by regulation, 
require each construction project to have an individual or entity 
(hereinafter referred to as the `project constructor') that is 
responsible for the establishment of the safety and health plan for 
such project and for ensuring that the project safety coordinator 
exercises the duties set forth in this Act. Such regulations shall 
require that--
            ``(1) if only one general or prime contractor exists on a 
        construction project, such contractor shall be the project 
        constructor, unless such contractor designates another 
        individual or entity with its consent to be the project 
        constructor; and
            ``(2) if a construction project has more than one general 
        or prime contractor, the construction owner shall be the 
        project constructor unless such construction owner designates 
        another individual or entity with its consent to be the project 
        constructor.
    ``(b) Construction Safety and Health Plan.--
            ``(1) In general.--The Secretary shall, by regulation, 
        require that the project constructor for a construction project 
        develop and implement a written construction safety and health 
        plan for the construction project (hereinafter in this section 
        referred to as the `plan') to protect employees against hazards 
        which may occur at such project.
            ``(2) Requirements.--The regulations under paragraph (1) 
        shall, at a minimum, require that the plan shall include a 
        hazard analysis and construction process protocol which shall 
        apply to each worksite of the project. The analysis and 
        protocol shall include a specific reference to critical 
        conditions in the construction process which may cause hazards 
        to exist, identify the methods to be used at such worksite to 
        ensure the structural stability of all buildings, structures, 
        and excavations, and list all inspections and tests required at 
        such worksite to protect the safety and health of employees.
            ``(3) Availability.--Copies of the plan shall be made 
        available to each construction employer prior to commencement 
        of construction work by that employer.
    ``(c) Project Safety Coordinator.--
            ``(1) In general.--The Secretary shall, by regulation, 
        require that for every construction project, the project 
        constructor shall designate a project safety coordinator 
        appointed by and acting on behalf of the project constructor. 
        Such regulations shall, at a minimum, require the following:
                    ``(A) The project safety coordinator shall, on 
                behalf of the project constructor--
                            ``(i) implement the plan;
                            ``(ii) ensure that each construction 
                        employer on the project has a safety and health 
                        program which complies with the plan and the 
                        requirements of subsection (d);
                            ``(iii) conduct regular inspections of the 
                        worksite to monitor compliance by employers 
                        with the plan and with their safety and health 
                        programs;
                            ``(iv) notify affected construction 
                        employers of any hazardous conditions 
                        discovered at a construction worksite or of 
                        noncompliance by an employer with the project 
                        safety and health plan, or the employer's own 
                        safety and health plan; and
                            ``(v) if the hazard or noncompliance is not 
                        corrected, notify the construction owner and 
                        the project constructor.
                    ``(B) The project safety coordinator shall issue 
                written approval before an employer may engage in an 
                operation of a type determined by the Secretary to pose 
                a substantial risk of death or serious bodily injury.
                    ``(C) The project safety coordinator shall--
                            ``(i) upon request of any construction 
                        employer, employee, or employee representative 
                        conduct an inspection at a construction 
                        worksite to determine if an imminent danger 
                        exists and shall stop work at, or remove 
                        affected employees from, an area in which such 
                        a danger exists;
                            ``(ii) investigate each fatality, serious 
                        bodily injury, structural failure, fire, or 
                        explosion that occurs on the project; and
                            ``(iii) notify the Secretary if a 
                        construction employer fails promptly to abate 
                        an imminent danger, and request the Secretary 
                        to conduct an immediate inspection of the 
                        worksite.
                    ``(D) The project safety coordinator shall be on 
                site as necessary and be promptly available at all 
                times that work is being performed on the project.
            ``(2) Qualifications.--The project safety coordinator shall 
        be an individual who is certified by an organization or 
        organizations approved by the Secretary as having fulfilled the 
        requirements of a standardized training course and testing 
        program developed or approved by the Secretary with the advice 
        of the Advisory Committee on Construction Safety and Health. 
        Until the Secretary develops such approved procedures, the 
        project safety coordinator shall meet the requirements of a 
        competent person under subsection (e).
    ``(d) Construction Safety and Health Programs.--The Secretary 
shall, by regulation, require every construction employer on a 
construction project to have a written safety and health program 
applicable to the employer's work on such project. The Secretary's 
regulations shall, in addition to the requirements under section 27(b), 
at a minimum, require the following:
            ``(1) The program shall provide for safety and health 
        meetings to review the safety and health program to be 
        conducted with construction employees during working hours 
        prior to the commencement of the employer's work on the 
        project. Thereafter, safety and health meetings shall be held 
        at least monthly to provide updated information to employees on 
        the construction process and the hazards associated with those 
        processes. A safety and health meeting shall be held with newly 
        hired employees and with those employees assigned to 
        construction work with which they are unfamiliar before such 
        work commences.
            ``(2) The program shall contain procedures for the 
        emergency evacuation of the employer's employees from a 
        construction worksite.
            ``(3) The program shall contain procedures to ensure that a 
        competent person is on the construction worksite at all times 
        that work is being performed by such employer.
            ``(4) The program shall contain procedures to ensure that 
        all construction employees of the employer shall receive or 
        have received within the 12-month period immediately preceding 
        their employment, general safety and health training in a 
        manner prescribed by the Secretary. The Secretary shall 
        prescribe a procedure or procedures by which an employer may 
        verify that employees have received the required training.
            ``(5) The program shall indicate if the employer has 
        received notification under section 30(b)(2).
    ``(e) Competent Persons.--The Secretary shall, by regulation, 
require each construction employer to designate one or more competent 
persons who shall be responsible for the administration of the safety 
and health program. Such regulations shall, at a minimum, require the 
following:
            ``(1) A competent person shall be on the construction 
        worksite at all times that work is being performed by such 
        employer.
            ``(2) A competent person shall engage in inspections of the 
        site, materials, and equipment, as appropriate, and shall stop 
        work of such employer at, or remove affected employees of the 
        employer from, an area in which an imminent danger exists. The 
        competent person shall notify forthwith the project constructor 
        or project safety coordinator of the imminent danger and of the 
        action taken to ensure the prompt abatement of such danger and 
        to prevent its recurrence.
    ``(f) Application.--
            ``(1) In general.--The Secretary, by regulation, may modify 
        the requirements of subsections (a) through (e), or portions 
        thereof, as they apply to certain types of construction work or 
        operations where the Secretary determines that, in light of the 
        nature of the risks faced by employees engaged in such work or 
        operation, such a modification would not adversely affect 
        employee safety and health. In making such modifications, the 
        Secretary shall take into account the risk of death or serious 
        injury or illness, and the frequency of fatalities and the lost 
        work day injury rate attendant to such work or operations.
            ``(2) Emergency work.--If it is necessary to perform 
        construction work on a worksite immediately in order to prevent 
        injury to persons, or substantial damage to property, and such 
        work must be conducted before compliance with the requirements 
        of the regulations under subsections (a) through (e) can be 
        made, the Secretary shall be given notice as soon as 
        practicable of such work. Compliance with such requirements 
        shall then be made as soon as practicable thereafter.''.

SEC. 1204. INSPECTIONS, INVESTIGATIONS, REPORTING, AND RECORDKEEPING.

    Section 8 (29 U.S.C. 657) (as amended by sections 504 and 505) is 
further amended by adding at the end thereof the following new 
subsections:
    ``(j)(1) The Secretary shall establish an effective targeting 
system for general schedule construction inspections. In establishing 
such system, the Secretary shall establish priorities to ensure that 
construction enforcement activities are concentrated on construction 
projects, worksites, or operations having a high potential for deaths, 
injuries or illnesses.
    ``(2) In establishing construction inspection priorities under 
paragraph (1), the Secretary shall give due weight to--
            ``(A) the record of compliance with this Act and its 
        regulations by particular construction employers; and
            ``(B) the fatality rate and the lost workday injury rate 
        attributable to particular construction owners and construction 
        employers and particular types of construction projects and 
        construction operations.
    ``(3) The Secretary shall use reports and notices filed with the 
Secretary and other pertinent information to develop the construction 
inspection priorities required under this subsection.
    ``(4) The construction inspection priorities required by paragraph 
(1) shall not have the effect of limiting the Secretary's authority to 
conduct inspections of any employer or worksite under other provisions 
of this Act.
    ``(5) The Secretary shall, by regulation, require that, before the 
commencement of (A) specific, highly hazardous construction work, or 
(B) work by employers identified under section 30(b)(1), the project 
constructor shall report to the Secretary information regarding the 
project to allow the Secretary, on the basis of the inspection priority 
system required by paragraph (1), to determine whether to conduct an 
inspection of such project or of a worksite or worksites on such 
project. Such regulations shall require, at a minimum, that the 
information reported include the location of the project or worksite, 
the names of the construction owner, project constructor, project 
safety coordinator, and construction employers working on the project, 
the type of work to be performed, and the anticipated dates of such 
construction activities.
    ``(k)(1) The Secretary shall, by regulation, require that the 
project constructor of a construction project promptly report to the 
Secretary any incident involving construction work that results in--
            ``(A) an injury or illness causing 2 or more 
        hospitalizations; or
            ``(B) a structural failure or fire or explosion which 
        caused or could have caused serious bodily injury to employees.
    ``(2) The Secretary's regulations shall provide at a minimum that 
each report required under paragraph (1) shall contain the names, 
business addresses, and telephone numbers of the construction owner of 
the worksite, the project constructor and project safety coordinator, 
and the construction employer whose construction employee was killed or 
seriously injured.
    ``(3) The Secretary shall investigate any incident reported 
pursuant to paragraph (1).
    ``(l) The Secretary shall, by regulation, require project 
constructors to make and maintain accurate records concerning 
fatalities, serious bodily injuries, structural failures, fires, and 
explosions at construction projects.''.

SEC. 1205. ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.

    Section 7 (29 U.S.C. 656) (as amended by section 701) is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (e), (f), and (g), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(c)(1) The Advisory Committee on Construction Safety and Health, 
established by the Secretary pursuant to section 107(e) of the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 333(e)), shall be 
composed of 15 members, as follows:
            ``(A) One member shall be designated by the Secretary of 
        Health and Human Services.
            ``(B) Five members, appointed by the Secretary, shall be 
        qualified by experience and affiliation with construction 
        employer and employer associations to present the viewpoint of 
        the employers involved and five members, appointed by the 
        Secretary, shall be qualified by experience and affiliation 
        with labor organizations in the building and construction 
        industry to present the viewpoint of employees involved.
            ``(C) Two members, appointed by the Secretary, shall be 
        representatives of State safety and health agencies.
            ``(D) Two members, appointed by the Secretary, shall be 
        qualified by knowledge and experience to be able to make useful 
        contribution to the work of the Advisory Committee.
    ``(2) The term of office of each member shall be 3 years. The terms 
of 5 members shall expire each year and the terms of no more than 2 
representatives of the same interest shall expire the same year. A 
member whose term has expired shall continue to serve until a successor 
is appointed unless such member resigns or becomes unable to serve.
    ``(d)(1) In addition to the functions prescribed by section 107(e) 
of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333(e)), 
the Advisory Committee on Construction Safety and Health shall also 
serve as an advisory committee to the Secretary and the Secretary of 
Health and Human Services on matters relating to the administration of 
this Act. The Committee shall advise, consult with, and make 
recommendations to the Secretary and the Secretary of Health and Human 
Services in the formulation of construction safety and health standards 
and other regulations and with respect to policy matters arising in the 
administration of this Act as it affects the construction industry. In 
carrying out its functions, the Advisory Committee may--
            ``(A) with the consent of the Secretary, obtain special 
        advisory and technical experts or consultants as may be 
        necessary to carry out the functions of the Advisory Committee;
            ``(B) establish working groups to address matters coming 
        before the Committee during times the Committee is not in 
        session;
            ``(C) schedule no fewer than four meetings during each 
        calendar year and require a transcript to be kept of the 
        meetings and to be made available for public inspection; and
            ``(D) consider such matters as it may determine to be 
        appropriate, in addition to those matters referred by the 
        Secretary.
    ``(2) The Secretary shall respond in writing to any recommendations 
made by a majority of the members of the Advisory Committee within 60 
days of the Advisory Committee's issuance of such recommendation.''.

SEC. 1206. STATE CONSTRUCTION SAFETY AND HEALTH PLANS.

    Section 18 (29 U.S.C. 667) (as amended by sections 1003, 1004 and 
1006) is further amended by adding at the end thereof the following new 
subsection:
    ``(l) Any State plan that covers construction safety and health 
shall contain requirements which, and the enforcement of which, are, 
and will be, at least as effective, in providing safe and healthful 
employment and places of employment in the construction industry as the 
requirements contained in subsection (c), and the requirements imposed 
by, and enforced under, this Act and section 107 of the Contract Work 
Hours Standards Act (40 U.S.C. 333), including--
            ``(1) requirements relating to the training and 
        qualifications of State agency construction inspectors;
            ``(2) requirements relating to construction safety and 
        health plans and programs; and
            ``(3) requirements relating to inspections, investigations, 
        reporting, and recordkeeping.''.

SEC. 1207. CONSTRUCTION SAFETY AND HEALTH ACADEMY.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) (as amended by section 1203) is further amended by inserting 
after section 31 the following new section:

``SEC. 32. CONSTRUCTION SAFETY AND HEALTH ACADEMY.

    ``There is established in the Occupational Safety and Health 
Administration a Construction Safety and Health Academy to conduct 
training of employees of the Occupational Safety and Health 
Administration who conduct inspections of construction worksites and 
such other persons as the Secretary, with the advice of the Advisory 
Committee on Construction Safety and Health, shall consider 
appropriate.''.

SEC. 1208. ENFORCEMENT.

    Section 9 (29 U.S.C. 658) (as amended by section 515) is further 
amended by adding at the end the following:
    ``(e) For purposes of this section and sections 8, 10, 11, and 17, 
a project constructor shall be considered an employer.''.

SEC. 1209. REPORTS TO CONGRESS.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) (as amended by section 1202) is further amended by adding after 
section 33 the following new section:

``SEC. 34. REPORTS TO CONGRESS.

    ``(a) In General.--The Secretary, in consultation with the Advisory 
Committee on Construction Safety and Health, shall prepare and submit 
to the President for transmittal to the Congress an annual report upon 
the same general subjects as are set forth in section 26 and as they 
relate to the construction industry, including the operation of the 
Office of Construction Safety, Health, and Education.
    ``(b) Effect of Existing Conditions in Construction Industry.--
Within 120 days following the conclusion of 3 years of operation of the 
Office of Construction Safety, Health, and Education, the Secretary, 
with the advice and assistance of the Advisory Committee on 
Construction Safety and Health, shall prepare and submit to the 
President for transmittal to the Congress a report upon the subject 
whether the then existing conditions of occupational safety and health 
in the construction industry, the effectiveness of regulation and 
enforcement, and any other relevant information supports the continued 
existence of the Office within the Occupational Safety and Health 
Administration, or the enactment of legislation to establish in the 
Department of Labor a Construction Industry Safety and Health 
Administration to be headed by an Assistant Secretary of Labor for 
Construction Safety and Health, or the enactment of legislation making 
any other changes in the law.''.

SEC. 1210. FEDERAL CONSTRUCTION CONTRACTS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Labor shall deliver to the Committee on Education and 
Labor of the House of Representatives and the Committee on Labor and 
Human Resources of the Senate recommendations regarding legislative 
changes required to make the safety records (including records of 
compliance with Federal safety and health laws and regulations) of 
persons bidding for contracts subject to section 107 of the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 333) a criterion to be 
considered in the awarding of such contracts.

SEC. 1211. RELATIONSHIP TO EXISTING LAW AND REGULATIONS.

    (a) In General.--Nothing contained in the amendments made by this 
title or the regulations issued to carry out the amendments shall limit 
the application of, or lessen, any of the requirements of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the 
Contract Work Hours Standards Act (40 U.S.C. 327 et seq.), or the 
standards or regulations issued by the Secretary of Labor to carry out 
either such Act.
    (b) Project Constructors.--The presence and duties of a project 
constructor or a project safety coordinator on a project shall not in 
any way diminish the responsibilities of construction employers under 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) 
for the safety and health of their employees.

SEC. 1212. TIMETABLE FOR REGULATIONS.

    The Secretary shall publish in the Federal Register in proposed 
form, no later than 90 days after the effective date of this Act, the 
regulations that this Act directs the Secretary to prescribe, and shall 
promulgate the final regulations no later than 180 days after the 
effective date of this title. The final rules and regulations shall 
become effective 60 days after the date on which they are promulgated.

                TITLE XIII--WORKER'S COMPENSATION STUDY

SEC. 1301. 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 evaluate the factors responsible 
        for the differentials in workers' compensation insurance 
        premiums in different States in high hazard occupations and 
        shall make recommendations for reducing injury rates and 
        excessive workers' compensation costs in such occupations. Such 
        an evaluation shall include a review of the injury rates, laws, 
        and programs and practices pursuant to the laws in the States. 
        The recommendations of the Commission shall be sent to the 
        Governors of the States, State legislatures, and the Congress.
            (5) The Commission shall report to the Congress on the 
        effect of preemption under section 514 of the Employee 
        Retirement Income Security Act of 1974 on State workers' 
        compensation laws and on whether such preemption has been used 
        by employers to undercut worker protection, coverage, and the 
        premium structure under State workers' compensation laws.
            (6) 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, subsistence, and other necessary 
        expenses.

                       TITLE XIV--ADMINISTRATION 

SEC. 1401. ADMINISTRATION.

    There is established in the Department of Labor an Occupational 
Safety and Health Administration to be headed by an Assistant Secretary 
of Labor for Occupational Safety and Health appointed by the President, 
by and with the advice and consent of the Senate. The Secretary shall, 
except as specifically provided otherwise, carry out the Secretary's 
functions under the Occupational Safety and Health Act of 1970 through 
the Occupational Safety and Health Administration.

                        TITLE XV--EFFECTIVE DATE

SEC. 1501. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect upon 
the expiration of 90 days after the date of the enactment of this Act.

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