legislation: 103-s-1950
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| 103-s-1950 | 103 | s | 1950 | Occupational Safety and Health Reform Act | Labor and Employment | 1994-03-17 | 1994-03-22 | Committee on Labor and Human Resources. Hearings held. | Senate | Sen. Kassebaum, Nancy Landon [R-KS] | KS | R | K000017 | 1 | Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to include coverage of Federal employees of the legislative, executive, and judicial branches. (Sec. 3) Requires a regulatory flexibility analysis for each OSHA standard promulgated. Requires a continuing comprehensive economic analysis of the costs and benefits of each OSHA standard, and biennial reports by the Secretary of Labor to the Congress. (Sec. 4) Prohibits citation for violation of a standard for which the employer has a variance pending for at least 90 days. (Sec. 5) Revises inspection provisions. Requires inspections to be conducted by at least one individual trained in and knowledgeable of the industry or the types of hazards. Provides for fire hazard inspection training and referral. Prohibits routine inspections of employers of ten or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; and or (2) in a category of employers having an occupational injury or a lost day rate which is less than the national average. Grants the Secretary discretion in determining which employer complaints must receive formal inspection responses. (Sec. 6) Directs the Secretary to establish a voluntary compliance program granting partial exemption from OSHA general inspections for employers who either retain certain consultation or certification programs or have an exemplary safety record and a safety and health program meeting specified criteria. Makes certain restrictions under the National Labor Relations Act inapplicable to employer involvement with employee health and safety committees. (Sec. 7) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 8) Extends the period for employer contests of citations by the Occupational Safety and Health Review Commission. Requires deference to be given the Commission's reasonable conclusions with respect to questions of law. (Sec. 9) Revises procedures for discrimination protection for whistle-blowers under OSHA, including extending the time for filing complaints, and providing for reviews, appeals, and mediation. (Sec. 10) Revises enforcement, including special conditions and practices, a mandatory special emphasis program, and investigations of deaths and serious incidents. (Sec. 11) Revises penalties in general, and with respect to special assessments, citations, and victims' rights. (Sec. 12) Requires States to make their applicable labeling, content, and hazard information requirements identical to OSHA standards. Authorizes waivers to State safety and health programs. (Sec. 13) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Directs the Secretary to establish standards for such programs. (Sec. 14) Establishes small business assistance and training programs, including: (1) model injury prevention programs completion of which qualifies employers for certain exemptions and reductions in penalties; (2) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (3) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. (Sec. 15) Directs the Secretary to periodically make an award to companies and other organizations which have exemplary safety and health programs. | 2025-08-26T13:51:36Z |