Text: S.575 — 103rd Congress (1993-1994)All Information (Except Text)

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Introduced in Senate (03/11/1993)

 
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 575 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 575

To amend the Occupational Safety and Health Act of 1970 to improve the 
    provisions of such Act with respect to the health and safety of 
                   employees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 11 (legislative day, March 3), 1993

 Mr. Kennedy (for himself and Mr. Metzenbaum) introduced the following 
 bill; which was read twice and referred to the Committee on Labor and 
                            Human Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Occupational Safety and Health Act of 1970 to improve the 
    provisions of such Act with respect to the health and safety of 
                   employees, and for other purposes.

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

SECTION 1. SHORT TITLE; REFERENCE; 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 and purposes.
                  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.
Sec. 202. Employee participation in inspections.
                          TITLE III--COVERAGE

Sec. 301. Extension of coverage to public employees.
Sec. 302. Application of Act.
Sec. 303. Application of OSHA to DOE nuclear facilities.
Sec. 304. Extension of employer duties to all employees working at a 
                            place of employment.
           TITLE IV--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Sec. 401. Time frames for setting standards.
Sec. 402. Basis for standards.
Sec. 403. Recording of work related adverse medical conditions.
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 standards.
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.
Sec. 507. Right to contest citations and penalties.
Sec. 508. Right of employee representatives to participate in other 
                            proceedings.
Sec. 509. Objections to modification of citations.
Sec. 510. Imminent danger inspections.
Sec. 511. Citations and penalties for violations of sections 27, 28 and 
                            31.
Sec. 512. OSHA criminal penalties.
Sec. 513. Commission member's terms.
Sec. 514. Inspections.
Sec. 515. Employee accountability.
         TITLE VI--PROTECTION OF EMPLOYEES FROM DISCRIMINATION

Sec. 601. Antidiscrimination provisions.
Sec. 602. Posting of employee rights.
                 TITLE VII--OSHA TRAINING AND EDUCATION

Sec. 701. Technical assistance to employers and employees.
Sec. 702. OSHA assistance fund.
                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. 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 a State plan.
Sec. 1006. State plan conforming amendments.
Sec. 1007. Effect on State law.
                       TITLE XI--VICTIMS' RIGHTS

Sec. 1101. Victims' rights
                     TITLE XII--CONSTRUCTION SAFETY

Sec. 1201. Short title.
Sec. 1202. Definitions.
Sec. 1203. Office of Construction Safety, Health, and Education.
Sec. 1204. Construction safety and health plans and programs.
Sec. 1205. Inspections, investigations, reporting, and recordkeeping.
Sec. 1206. Advisory Committee on Construction Safety and Health.
Sec. 1207. State construction safety and health plans.
Sec. 1208. Construction Safety and Health Academy.
Sec. 1209. Enforcement.
Sec. 1210. Reports to Congress.
Sec. 1211. Federal construction contracts.
Sec. 1212. Relationship to existing law and regulations.
Sec. 1213. Timetable for regulations.
                       TITLE XIII--ADMINISTRATION

Sec. 1301. Administration.
                       TITLE XIV--EFFECTIVE DATE

Sec. 1401. Effective date.

SEC. 2. FINDINGS AND PURPOSES.

    (a) 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 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 
        health and safety 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.
    (b) Purposes.--The purposes of this Act are to--
            (1) increase the joint participation of employers and 
        employees in identifying and correcting occupational safety and 
        health hazards, by requiring the establishment of employer 
        safety and health programs, joint employer-employee safety and 
        health committees, and training and education programs;
            (2) improve and expedite the setting of occupational safety 
        and health standards;
            (3) strengthen Federal and State agency enforcement of 
        violations of safety and health standards;
            (4) assure that all employees are afforded full coverage 
        and protection from safety and health hazards under the 
        Occupational Safety and Health Act of 1970 or other Federal 
        laws; and
            (5) improve information and data on work related injuries, 
        illnesses and fatalities for purposes of enhancing occupational 
        safety and health.

                  TITLE I--SAFETY AND HEALTH PROGRAMS

SEC. 101. SAFETY AND HEALTH PROGRAMS.

    Section 27 (29 U.S.C. 676) is amended to read as follows:

``SEC. 27. SAFETY AND HEALTH PROGRAMS.

    ``(a) Establishment of Program.--
            ``(1) In general.--Each employer shall, in accordance with 
        this section, establish and carry out 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 with respect to 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 reduce the employees' safety and 
        health protection.
            ``(3) Definition of worksite.--As used in this section and 
        section 28, the term `worksite' means a single physical 
        location where business is conducted or where operations are 
        performed by employees of one or more employers.
    ``(b) Requirements.--A safety and health program established and 
carried out under subsection (a) shall be a written program that shall 
include--
            ``(1) methods and procedures for identifying, evaluating, 
        and documenting safety and health hazards;
            ``(2) methods and procedures for correcting the safety and 
        health hazards identified under paragraph (1);
            ``(3) methods and procedures for investigating and 
        recording work-related deaths, injuries, and illnesses;
            ``(4) methods and procedures for providing occupational 
        safety and health services, including emergency response and 
        first aid procedures;
            ``(5) methods and procedures for employee participation in 
        the implementation of the employer's safety and health program, 
        including (where applicable) participation through a safety and 
        health committee established under section 28;
            ``(6) methods and procedures for providing a timely 
        response in writing to the recommendations of the safety and 
        health committee, where applicable;
            ``(7) methods and procedures for providing safety and 
        health training and education to employees and to members of a 
        safety and health committee established under section 28 (where 
        applicable);
            ``(8) the designation of one or more 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;
            ``(9) in the case of a worksite where employees of two or 
        more employers work, procedures for each employer to protect 
        employees at the worksite from hazards under the employer's 
        control, including procedures to provide information on safety 
        and health hazards to other employers and employees at the 
        worksite; and
            ``(10) such other provisions as the Secretary requires to 
        effectuate the purposes of this Act.
    ``(c) Regulations on Employer Safety and Health Programs.--
            ``(1) In general.--Within 1 year of the date of enactment 
        of the Comprehensive Occupational Safety and Health Reform Act, 
        the Secretary shall issue final regulations on employer safety 
        and health programs required by subsection (a), which shall 
        take effect no later than 18 months after such date of 
        enactment.
            ``(2) Regulations on training and education.--The 
        regulations of the Secretary under paragraph (1) with respect 
        to 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, that 
                is necessary to enable such employees to carry out the 
                activities of the committee under section 28; and
                    ``(B) require that refresher training and 
                dissemination of information be provided on at least an 
                annual basis and that additional training and 
                dissemination of information be provided to affected 
                employees and to safety and health committee members 
                when there are changes in conditions or operations that 
                may expose such 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 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 the 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.

    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) is intended to assist the 
employer and make recommendations regarding methods of addressing 
safety and health hazards.
    ``(b) Safety and Health Committee Establishment.--Each employer who 
has 11 or more employees for each working day in each of 20 or more 
calendar weeks in the current or preceding calendar year shall 
establish a safety and health committee (hereafter in this section 
referred to as the `safety and health committee') at each worksite of 
the employer, except as provided in subsection (e)(2).
    ``(c) Rights of Committee and Committee Members.--
            ``(1) In general.--Each safety and health committee shall 
        have the right, within reasonable limits and in a reasonable 
        manner, to--
                    ``(A) review the employer's safety and health 
                program established under sections 27 and 31 (where 
                applicable);
                    ``(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 a request made 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; and
                    ``(H) establish procedures for exercising the 
                rights of the 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.
            ``(2) Recommendations.--Each safety and health committee 
        and each member of the committee shall have the right to--
                    ``(A) make recommendations to the employer for 
                improvements in the employer's safety and health 
                program and for the correction of hazards to employee 
                safety or health; and
                    ``(B) receive from the employer a timely written 
                response to any such recommendation.
        Recommendations under this paragraph shall be advisory only and 
        the employer shall retain full authority to manage the 
        worksite.
            ``(3) Time for 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) Committee Membership.--
            ``(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.--Except 
        as provided in subsection (e)(2), each safety and health 
        committee shall, at a minimum, include--
                    ``(A) one employee safety and health representative 
                at each worksite where the average number of 
                nonmanagerial employees of the employer during the year 
                ending January 1 was more than 10, but less than 51;
                    ``(B) two representatives where the number of such 
                employees was more than 50 but less than 101; and
            ``(C) an additional employee safety and health 
        representative for each additional 100 such employees, up to 6 
        employee safety and health representatives.
            ``(3) Selection.--The employer's nonmanagerial employees 
        shall select employee safety and health representatives by and 
        from among themselves 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 the provisions of 
                subparagraph (A) or (B) as applicable.
            ``(4) Protection of employee right.--An 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.--Within 1 year of the date of enactment of the 
Comprehensive Occupational Safety and Health Reform Act, the Secretary 
shall issue regulations on safety and health committees. Such 
regulations shall be effective within 18 months of the date of 
enactment. Such regulations shall include provisions on--
            ``(1) the functioning of committees, including selection of 
        employee safety and health representatives, the terms of such 
        representatives, and the maintenance of records; and
            ``(2) the functioning of committees, including the number 
        and selection 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 where less than 11 
                employees of a covered employer are employed; and
                    ``(C) with regard to worksites where employees of 
                more than one 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) Construction.--A safety and health committee established 
under and operating in conformity with this section 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.''.

SEC. 202. 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 the 
employer's employees shall be given an opportunity to accompany the 
Secretary in lieu of the designee of the employee safety and health 
representatives. 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.

    (a) Definition of Employer.--Section 3(5) (29 U.S.C. 652(5)) is 
amended by striking out ``but does not include'' and inserting in lieu 
thereof ``including''.
    (b) Conforming Amendments.--
            (1) Section 19 (29 U.S.C. 668) is repealed.
            (2) Section 410(b) of title 39, United States Code, is 
        amended by striking out paragraph (7) and inserting in lieu 
        thereof the following new paragraph:
            ``(7) the Occupational Safety and Health Act of 1970 (29 
        U.S.C. 651 et seq.);''.

SEC. 302. APPLICATION OF ACT.

    Section 4(b) (29 U.S.C. 653(b)(1)) is amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (5), (6), and (7), respectively; and
            (2) by striking out paragraph (1) and inserting in lieu 
        thereof the following new paragraphs:
    ``(b)(1) Where a Federal agency has promulgated and is enforcing 
standards or regulations affecting occupational safety or health of 
some or all of the employees within that agency's regulatory 
jurisdiction, and the Secretary determines that such a standard or 
regulation as promulgated and the manner in which the standard or 
regulation is being enforced provides protection to those employees 
that is at least as effective as the protection provided to those 
employees by the Secretary's enforcement of this Act, the Secretary may 
publish a notice in the Federal Register setting forth that 
determination and the reasons for the determination and certifying that 
the Secretary has ceded jurisdiction to that Federal agency with 
respect to the specified standards or regulations affecting 
occupational safety and health. In determining whether to cede 
jurisdiction to a Federal agency, the Secretary shall seek to avoid 
duplication of, and conflicts between, health and safety requirements. 
Such certification shall remain in effect unless and until rescinded by 
the Secretary.
    ``(2) The Secretary shall, by regulation, establish procedures by 
which any person who may be adversely affected by a decision of the 
Secretary certifying that the Secretary has ceded jurisdiction to 
another Federal agency pursuant to paragraph (1) may petition the 
Secretary to rescind a certification under paragraph (1). Upon receipt 
of such a petition, the Secretary shall investigate the matter and 
shall, within 90 days after receipt of the petition, publish a decision 
with respect to the petition in the Federal Register.
    ``(3) Any person who may be adversely affected by--
            ``(A) a decision of the Secretary certifying that the 
        Secretary has ceded jurisdiction to another Federal agency 
        pursuant to paragraph (1); or
            ``(B) a decision of the Secretary denying a petition to 
        rescind such a certification,
may at any time prior to the sixtieth day after such decision is 
published in the Federal Register file a petition challenging such 
decision with the United States court of appeals for the circuit 
wherein such person resides or such person has a principal place of 
business for judicial review of such decision. A copy of the petition 
shall be forthwith transmitted by the clerk of the court to the 
Secretary. The Secretary's decision shall be set aside if found to be 
arbitrary, capricious, an abuse of discretion, or otherwise not in 
accordance with law.
    ``(4) Nothing in this Act shall apply to working conditions covered 
by the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et 
seq.).''.

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

    Paragraph (6) of section 4(b) (29 U.S.C. 653(b)(6)) (as so 
redesignated by section 302(1)) is amended to read as follows:
            ``(6) Notwithstanding paragraph (1), 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.

    Paragraph (1) of section 5(a) (29 U.S.C. 654(a)(1)) is amended to 
read as follows:
            ``(1) shall furnish employment and a place of employment 
        which are free from recognized hazards that are causing or are 
        likely to cause death or serious physical harm to the employees 
        of the employer or to other employees at the place of 
        employment.''.

           TITLE IV--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

SEC. 401. TIME FRAMES FOR SETTING STANDARDS.

    (a) Recommendations and Petitions for Standards.--Paragraph (2) of 
section 6(b) (29 U.S.C. 655(b)(2)) is amended to read as follows:
            ``(2)(A) If the Secretary receives--
                    ``(i) a recommendation of an advisory committee, 
                the Secretary of Health and Human Services, or the 
                Administrator of the Environmental Protection Agency; 
                or
                    ``(ii) a petition from an interested person which 
                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 of the 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 of 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 redesignating such paragraph as subparagraph (B);
            (2) by striking out ``under paragraph (2)''; and
            (3) by inserting immediately before subparagraph (B) (as so 
        redesignated) the following new subparagraph:
            ``(3)(A) Where 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 out ``Within'' and all that follows 
through ``paragraph (3)'' and inserting in lieu thereof ``Within 18 
months of 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 thereof the 
following new subsection:
    ``(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--
            (1) by inserting after the first sentence the following new 
        sentence: ``However, no contention that the standard is 
        infeasible may be entertained in such petition unless the 
        contention and evidence to support the contention were 
        presented to the Secretary in the rulemaking proceeding wherein 
        the challenged standard was promulgated.''; and
            (2) by adding at the end thereof the following new 
        sentence: ``The procedures under this subsection shall be the 
        exclusive means of challenging the validity of any occupational 
        safety or health standard and the validity of any such standard 
        may not be raised in an enforcement action under section 10 or 
        11.''.

SEC. 402. BASIS FOR STANDARDS.

    Paragraph (8) of section 3 (29 U.S.C. 652(8)) is amended to read as 
follows:
            ``(8) The term `occupational safety and health standard' 
        means a standard which addresses a significant risk to the 
        safety or health of employees by requiring conditions, or the 
        adoption or use of one or more practices, means, methods, 
        operations, or processes that most adequately assure, to the 
        extent feasible, safe and healthful employment and places of 
        employment.''.

SEC. 403. RECORDING OF WORK RELATED ADVERSE MEDICAL CONDITIONS.

    Section 6(b)(7) (29 U.S.C. 655(b)(7)) is amended by inserting after 
the third sentence the following new sentence: ``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 
thereof the following new paragraph:
            ``(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 not later than 10 working 
        days after 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 further 
amended by adding at the end thereof the following new subsection:
    ``(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 exposure 
        limits for other toxic materials and harmful physical agents 
        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 once 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 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 the 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, 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 a limit should be modified or 
        established. If a proposed exposure limit is not the same as 
        the exposure limit suggested by the Secretary of Health and 
        Human Services, the Secretary shall explain why the recommended 
        limit is not being proposed.
            ``(4) Within 1 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 limit 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 this subsection, 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 (42 U.S.C. 655) (as amended by section 405) is further 
amended by adding at the end thereof the following new subsection:
    ``(j) Within 2 years of 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 section 1910.20 of title 29, 
                Code of Federal Regulations.''.

SEC. 407. STANDARD ON ERGONOMIC HAZARDS.

    Section 6 (42 U.S.C. 655) (as amended by section 406) is further 
amended by adding at the end thereof the following new subsection:
    ``(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 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 followup.
            ``(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 STANDARDS.

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

SEC. 409. AIR CONTAMINANTS.

    Notwithstanding the provisions of chapter 5 of title 5, United 
States Code, or the provisions of section 6 of the Occupational Safety 
and Health Act of 1970, the Secretary of Labor shall, not later than 60 
days after the date of the enactment of the Comprehensive Occupational 
Safety and Health Reform Act, by rule promulgate as an occupational 
safety or health standard--
            (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).
The rule mandated by this section shall take effect upon its issuance, 
however, the Secretary may provide in such rule for a reasonable delay 
in the compliance deadlines for specific provisions. Such rule after 
its issuance may be modified or revoked in the same manner as any 
occupational safety or health standard promulgated pursuant to 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)) is amended by inserting after the 
first sentence the following new sentence: ``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: ``not later than 
30 days after the receipt of the request for inspection''.

SEC. 503. COMPLAINTS.

    Section (8)(f)(1) (29 U.S.C. 657(f)(1)) is amended--
            (1) in the first sentence by inserting ``the Act or'' after 
        ``a violation of'';
            (2) in the second sentence, by striking out ``Any such 
        notice'' and all that follows 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 thereof the following new 
        sentence: ``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 a safety and health standard 
        exists that threatens physical harm or that an imminent danger 
        exists.''.

SEC. 504. MANDATORY SPECIAL EMPHASIS.

    Section 8 (29 U.S.C. 657) is amended by adding at the end thereof 
the following new subsection:
    ``(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 shall include 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 further 
amended by adding at the end thereof the following new subsection:
    ``(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 in accordance with section 24(a)(5) 
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 two or more 
employees.''.

SEC. 506. ABATEMENT OF SERIOUS HAZARDS DURING EMPLOYER CONTESTS.

    (a) Citations.--Section 9(a) (29 U.S.C. 658(a)) is amended by 
inserting after the third sentence the following new sentence: ``If the 
Secretary or an authorized representative of the Secretary believes 
that an alleged violation is serious and presents such a substantial 
risk to the safety or health of employees that the initiation of review 
proceedings should not suspend the running of the period for the 
correction of the violation, the citation shall so state.''.
    (b) Citations and Enforcement.--Section 10 (29 U.S.C. 659) is 
amended--
            (1) in subsection (b), by striking out ``(which period 
        shall not begin to run until the entry of a final order by the 
        Commission in the case of any review proceedings under this 
        section initiated by the employer in good faith and not solely 
        for delay or avoidance of penalties)''; and
            (2) by adding at the end thereof the following new 
        subsection:
    ``(d)(1) Except as provided in paragraphs (2) and (3), the period 
permitted for the correction of a violation shall begin to run from the 
date of the receipt of the citation.
    ``(2) If the employer initiates timely review proceedings under 
this section in which the employer contests matters other than the 
proposed assessment of penalty or characterization of the violation and 
the proceedings are initiated by the employer in good faith and not 
solely for delay, the period permitted for the correction of a 
violation shall, except as provided in paragraph (3), not begin to run 
until the entry of a final order by the Commission.
    ``(3) If the citation states that the violation is serious and 
presents such a substantial risk to the safety or health of employees 
that the initiation of review proceedings shall not suspend the running 
of the period for correction of the violation and if, simultaneous with 
initiating timely review proceedings under the citation, the employer 
files a statement asserting that the period for correction of the 
violation should be suspended during such proceedings, the Commission 
shall expedite the consideration and decision of the employer's review 
proceeding. In its decision resolving that proceeding, the Commission 
may modify the citation's provision that the period for the correction 
of the violation shall run from the date of the receipt of the 
citation, if the Commission determines, based on a consideration of the 
nature of the violation, that the nature and degree of risk posed to 
employees by the employer's refusal to undertake prompt correction of 
the violation, and the extent of any irreparable injury the employer 
would incur by undertaking correction of the violation during the 
pendency of review proceedings, that such provision is unreasonable in 
the circumstances.''.
    (c) Penalties.--Section 17(d) (29 U.S.C. 666(d)) is amended by 
striking out ``(which period shall not begin to run until the date of 
the final order of the Commission in the case of any review proceeding 
under section 10 initiated by the employer in good faith and not solely 
for delay or avoidance of penalties)''.
    (d) Employer Contest.--Section 10(c) (29 U.S.C. 659(c)) is amended 
by inserting after the first sentence the following new sentence: ``The 
pendency 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.''.
    (e) Statute of Limitation.--Section 9(c) (29 U.S.C. 658(c)) is 
amended by adding at the end thereof the following new sentence: ``The 
6-month time limit shall not apply to a notification of penalty.''.
    (f) Verification of Abatement.--Section 10 (as amended by 
subsection (b)) is further amended by adding at the end thereof the 
following new subsection:
    ``(e)(1) 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 the correction of the violation has 
expired. Such verification shall include appropriate documentary 
evidence. Each such employer shall prominently post, within 10 days 
after the verification of abatement, at or near each place that a 
violation referred to in the citation 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.
    ``(2) Not later than 1 year after the effective date of this 
subsection, the Secretary shall promulgate final regulations regarding 
the requirements of this subsection.''.

SEC. 507. RIGHT TO CONTEST CITATIONS AND PENALTIES.

    The first sentence of section 10(c) (29 U.S.C. 659(c)) is amended--
            (1) by inserting after ``the issuance of a citation'' the 
        following: ``or a modification of a citation issued''; and
            (2) by 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 thereof the following new subsection:
    ``(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, and which notice shall include the terms of the proposed 
agreement.
    ``(2) Not later than 15 working days after the 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) Not later than 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);
            (2) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively;
            (3) by inserting before subsection (b) (as so redesignated) 
        the following new subsection:
    ``(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 an employee 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 a 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 would expose the employee to the condition or a practice 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
            (4) in 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--
            (1) by redesignating subsections (h) through (l) as 
        subsections (i) through (m), respectively; and
            (2) by inserting after subsection (g) the following new 
        subsection:
    ``(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 that the condition or 
practice is not of such a nature as to be covered by section 13(a).''.

SEC. 511. CITATIONS AND PENALTIES FOR VIOLATIONS OF SECTIONS 27, 28 AND 
              31.

    (a) Citations.--Section 9(a) (29 U.S.C. 658(a)) is amended by 
inserting ``, 27, 28, or 31'' after ``section 5''.
    (b) Penalties.--Section 17 (29 U.S.C. 666) is amended--
            (1) in subsection (a), by inserting ``, 27, 28, or 31'' 
        after ``section 5'';
            (2) in subsection (b), by inserting ``, 27, 28, or 31'' 
        after ``section 5''; and
            (3) in subsection (c), by inserting ``, 27, 28, or 31'' 
        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 further amended--
            (1) in subsection (e)--
                    (A) by inserting after ``employer'' the following: 
                ``or any officer, management official, or supervisor 
                having direction, management, control, or custody of 
                any place of employment'';
                    (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,'';
                    (E) by striking out ``one year'' and inserting in 
                lieu thereof ``20 years''; and
                    (F) by inserting ``under this subsection or 
                subsection (i)'' after ``first conviction of such 
                person'';
            (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 new 
        subsection:
    ``(i) Any employer or 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 new subsection:
    ``(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 thereof the following new subsection:
            ``(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)) is 
further amended by adding at the end thereof the following new 
subsection:
    ``(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 inserting after the 
first sentence the following new sentence: ``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 
paragraph (2) the following new flush left margin sentence: ``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 thereof 
the following new subsection:
    ``(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.''.

         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 inserting before the period at the end thereof 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 new paragraphs:
    ``(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, or serious impairment of the health 
of, 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 a serious 
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 he or she 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 that 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) Not later than 60 days after the 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 person named in the complaint of the charges made in the 
complaint, shall provide such person with an opportunity to meet with 
the inspector 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 respondent 
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 named in the complaint.
    ``(B) If, in response to a complaint filed under paragraph (3), the 
Secretary determines that a violation of paragraphs (1) or (2) has 
occurred, the Secretary shall order--
            ``(i) the person who committed such violation to correct 
        the violation;
            ``(ii) such person to reinstate the complainant to the 
        complainant's former position together with the compensation 
        (including back pay), terms, conditions, and privileges of the 
        complainant's employment; and
            ``(iii) compensatory damages.
If such an order is issued, the Secretary, at the request of the 
complainant, may assess against the person against whom the order is 
issued a sum equal to the aggregate amount of all costs and expenses 
(including attorney's fees) reasonably incurred, as determined by the 
Secretary, by the complainant for, or in connection with, the bringing 
of the complaint upon which the order was issued.
    ``(5)(A) Any person adversely affected or aggrieved by an order 
issued after a hearing under paragraph (4)(A) may obtain review of the 
order in the United States Court of Appeals for the circuit in which 
the violation, with respect to which the order was issued, allegedly 
occurred, or the circuit in which such person resided on the date of 
such violation. The petition for review must be filed within 60 days 
from the issuance of the Secretary's order. Such review shall be in 
accordance with the provisions of chapter 7 of title 5, United States 
Code, and shall be heard and decided expeditiously.
    ``(B) Whenever a person has failed to comply with an order issued 
under paragraph (4)(A), the Secretary shall file a civil action in the 
United States district court for the district in which the violation 
was found to occur in order to enforce such order. In actions brought 
under this subparagraph, the district court shall have jurisdiction to 
grant all appropriate relief, including injunctive relief, 
reinstatement, and compensatory damages.
    ``(6) The legal burdens of proof set forth in section 1221(e) of 
title 5, United States Code, shall govern adjudication of protected 
activities under this subsection.''.

SEC. 602. POSTING OF EMPLOYEE RIGHTS.

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

                 TITLE VII--OSHA TRAINING AND EDUCATION

SEC. 701. TECHNICAL ASSISTANCE TO EMPLOYERS AND EMPLOYEES.

    Section 21 (29 U.S.C. 670) is amended by adding at the end thereof 
the following new subsections:
            ``(d) The Secretary shall develop and disseminate, directly 
        or by grants or contracts, model curricula, model programs and 
        other information and materials to assist employers in 
        complying with the requirements for safety and health programs 
        and employee safety and health training and education under 
        section 27, with the requirements for safety and health 
        committees under section 28, with the requirements of section 
        5, including the requirements of standards issued under section 
        6, and other requirements of the Act.
    ``(e) The Secretary shall establish and implement a program to 
provide technical assistance and consultative services for employers 
and employees, either directly or through grants or contracts, 
concerning worksite safety and health and compliance with this Act. 
Such assistance and consultation shall be targeted at small employers, 
high hazard worksites, and high hazard industries.
    ``(f) The Secretary shall award grants for the establishment and 
functioning of regional or State safety resource councils or centers. 
Such councils or centers shall identify safety and health resources 
within the State or region that employers and employees can utilize--
            ``(1) to improve safety and health;
            ``(2) to assist with the development of industry-specific 
        projects to promote safety and health; and
            ``(3) to assist employers and employees with the 
        development of safety and health programs.
Such councils or centers shall be not-for-profit organizations, and 
shall include representatives from State agencies, employers and labor 
organizations.
    ``(g) The Secretary shall establish a program under which the 
Secretary may annually recognize employers with outstanding safety and 
health records by presenting such employers with a safety and health 
excellence award. The Secretary may annually recognize other 
organizations through the presentation of such awards in recognition of 
the outstanding efforts of such organization to promote occupational 
safety and health.''

SEC. 702. OSHA ASSISTANCE FUND.

    Section 7 (29 U.S.C. 656) is amended by adding at the end thereof 
the following new subsection:
    ``(d)(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 offset the costs of implementing section 21 (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 is authorized to charge fees in accordance 
with this paragraph for technical assistance and consultative services 
provided under section 21. Such fees--
            ``(i) shall be imposed on a uniform basis on persons 
        receiving such assistance or services under section 21;
            ``(ii) shall not exceed the cost of implementing section 
        21; and
            ``(iii) with respect to each person receiving such 
        assistance or services, shall bear a reasonable relationship to 
        the cost of providing such assistance or services 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.
    ``(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.''.

                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 margining such 
        paragraphs accordingly; and
            (2) by adding at the end the following new paragraphs:
    ``(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 this subsection shall be publicly 
available in a form suitable for further statistical analysis.
    ``(5) 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 two or more employees 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 out 
``deaths, injuries, and illnesses other than'' and inserting in lieu 
thereof ``deaths, injuries, illnesses, suspected work-related illnesses 
reported by an employee or an employee's physician unless the employer 
makes a reasonable determination that the illness is not work-related, 
and adverse medical conditions determined as a result of a medical 
examination or test conducted under an occupational safety or health 
standard. Records and reports shall not be required for''.

SEC. 803. EMPLOYEE ACCESS.

    Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by adding at the 
end the following new sentence: ``The records and reports required 
under this section shall be made available to the Secretary, the 
Secretary of Health and Human Services, employees and 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 ``, or 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 
        new sentence: ``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 new paragraph:
    ``(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 thereof 
the following new subsection:
    ``(f)(1) Not later than 2 years after the date of enactment of the 
Comprehensive Occupational Safety and Health Reform Act, the Secretary 
of Health and Human Services, acting through the National Institute for 
Occupational Safety and Health, shall (in cooperation with other 
agencies of the Department of Health and Human Services and the 
Secretary of Labor) establish a national surveillance program to 
identify cases of occupational illnesses, deaths, and serious injuries. 
In conducting the national surveillance program, the Secretary of 
Health and Human Services shall coordinate the activities of the 
Secretary with State health agencies and Federal and State workers' 
compensation agencies.
    ``(2)(A) The Secretary of Health and Human Services shall collect 
data each year on the number and characteristics of all occupational 
deaths, selected occupational illnesses, and selected occupational 
injuries.
    ``(B) In selecting occupational illnesses and injuries for the 
collection of data under subparagraph (A), the Secretary of Health and 
Human Services shall consider the known frequency of the disorder, the 
severity of the disorder, and the size of the population at risk.
    ``(3) The Secretary of Health and Human Services shall prepare 
reports and analysis of deaths, occupational illnesses, and injuries 
collected under the national surveillance program and transmit the 
information to the Secretary of Labor, State health agencies, 
employers, employees, and other interested parties.
    ``(4) The Secretary of Health and Human Services may issue 
regulations to require an employer, through a physician or other health 
professional employed by or under contract to the employer, to report 
information on occupational deaths, illnesses and injuries in order to 
carry out the provisions of this subsection.''.

SEC. 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. NIOSH TRAINING.

    Section 21(a) (29 U.S.C. 670(a)) is amended by inserting after 
``educational programs to provide an adequate supply of qualified 
personnel to carry out the purpose of this Act,'' the following: ``, 
including education programs for employees and member 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 new paragraph:
            ``(9) provides for the development of safety and health 
        programs, 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 
further amended by adding at the end thereof the following new 
paragraph:
            ``(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 thereof 
the following new subsection:
    ``(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 further 
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 new subsection:
    ``(j)(1) If the Secretary receives a written complaint from an 
employer, employee, or employee representative that a State is 
deficient in its 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, not later than 30 days after the 
completion of any investigation, transmit the findings in writing to 
the State and to the complainant, which findings shall include 
recommendations for the correction of 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) Not later than 30 days after the receipt of findings issued 
under paragraph (2), the State shall respond to the Secretary in 
writing, describing 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 the Act exists for which the State has 
failed to issue a citation, the Secretary with reasonable promptness 
shall issue a citation. Section 9(e) shall not apply with respect to a 
citation issued under this paragraph.''.

SEC. 1005. ACTION AGAINST A 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);
            (3) by margining such paragraphs accordingly; and
            (4) 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 that 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 a 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(2)) is 
further amended by adding at the end thereof the following new 
subsection:
    ``(k)(1) Except as provided in paragraph (2), each State which is 
exercising authority to operate a State safety and health plan under 
this section shall within 1 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 with 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 with 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. EFFECT ON STATE LAW.

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

                       TITLE XI--VICTIMS' RIGHTS

SEC. 1101. VICTIMS' RIGHTS.

    Section 29 is amended to read as follows:

``SEC. 29. VICTIMS' 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--
                    ``(A) the employee is killed as a result of a work-
                related injury or illness which is the subject of an 
                inspection or investigation conducted under section 8; 
                or
                    ``(B) the employee sustains a work-related injury 
                which is the subject of an inspection or investigation 
                conducted under section 8, and the employee cannot 
                reasonably exercise his or her 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 involving the 
employee, to--
            ``(1) meet with the Secretary, or an authorized 
        representative of the Secretary, regarding the inspection or 
        investigation conducted under section 8 concerning the 
        employee's injury, illness, or death before the Secretary's 
        decision to issue a citation or take no action; and
            ``(2) receive, at no cost, a copy of any citation or 
        report, issued as a result of such inspection or investigation 
        on the date the citation or report is issued, be informed of 
        any notice of contest filed under section 10, and be provided 
        an explanation of the rights of employee and employee 
        representatives to participate in proceedings conducted 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 to 
appear and make a statement before the parties conducting settlement 
negotiations.
    ``(d) Notification and Review.--The Secretary shall establish 
procedures--
            ``(1) to inform victims of their rights under this section; 
        and
            ``(2) for the informal review of any claim of a denial of 
        such rights.''.

                     TITLE XII--CONSTRUCTION SAFETY

SEC 1201. SHORT TITLE.

    This title may be cited as the ``Construction Safety, Health, and 
Education Improvement Act of 1993''.

SEC. 1202. 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 satisfies 
                the requirements of section 27(b)(8).''.

SEC. 1203. 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 30, 31 and 34;
            (2) by redesignating sections 32 through 33 as section 34 
        and 35, respectively; and
            (2) by inserting after section 29 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. 1204. 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 1203) 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 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 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) ensure the implementation of 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 
established in accordance with section 27 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, in accordance with section 27(b)(8), 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 reduce the employees' 
        safety and health protection. 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. 1205. 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 
work and construction projects having a high potential for deaths, 
injuries or illnesses and, within such construction projects, on 
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 work.
    ``(3) The Secretary shall use reports and notices filed under this 
subsection and subsection (i) and other pertinent information to 
develop the system of prioritized inspections required under this 
subsection.
    ``(4) The inspection priority system 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) a fatality;
            ``(B) an injury or illness causing 2 or more 
        hospitalizations; or
            ``(C) a structural failure or fire or explosion which 
        caused or could have caused serious bodily injury to an 
        employee.
    ``(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. 1206. ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.

    Section 7 (29 U.S.C. 656) is amended--
            (1) by redesignating subsections (c) and (d) (as added by 
        section 702) as subsections (e) and (f), 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 five members shall expire each year, provided that the terms of no 
more than two 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 
the 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. 1207. 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. 1208. CONSTRUCTION SAFETY AND HEALTH ACADEMY.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) (as amended by section 1204) 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. 1209. ENFORCEMENT.

    (a) Citations.--Section 9(a) (29 U.S.C. 658(a)) is amended by 
inserting ``, 8, or 31'' after ``section 5''.
    (b) Project Constructors.--Section 9 (29 U.S.C. 658) (as amended by 
section 514) is further amended by adding at the end the following:
    ``(f) For purposes of this section and sections 8, 10, 11, and 17 a 
project constructor shall be considered an employer.''.

SEC. 1210. REPORTS TO CONGRESS.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) (as amended by section 1208) is further amended by adding after 
section 32 the following new section:

``SEC. 33. 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. 1211. FEDERAL CONSTRUCTION CONTRACTS.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) (as amended by section 1210) is further amended by adding after 
section 33 the following new section:

``SEC. 34. FEDERAL CONSTRUCTION CONTRACTS.

    ``Not later than 90 days after the date of the enactment of this 
section, the Secretary 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. 1212. 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. 1213. TIMETABLE FOR REGULATIONS.

    The Secretary of Labor 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 title 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--ADMINISTRATION

SEC. 1301. 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 who shall be appointed by 
the President, by and with the advice and consent of the Senate. The 
Secretary of Labor 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 XIV--EFFECTIVE DATE

SEC. 1401. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b) and section 
1213, 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.
    (b) Exceptions.--The amendments made by section 302 shall take 
effect 1 year after the date of enactment of this Act.

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