H.R. 2864 (ih) To require the Secretary of Labor to establish a program under which employers may consult with State officials respecting compliance with occupational safety and health requirements. ...

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        H.R.2864

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
  To require the Secretary of Labor to establish a program under which 
 employers may consult with State officials respecting compliance with 
              occupational safety and health requirements.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Occupational Safety and Health 
Administration Compliance Assistance Authorization Act of 1998''.

SEC. 2. COMPLIANCE ASSISTANCE PROGRAM.

    Section 21 of the Occupational Safety and Health Act of 1970 is 
amended by adding at the end the following new subsection:
    ``(d)(1) The Secretary shall establish and support cooperative 
agreements with the States under which employers subject to this Act 
may consult with State personnel with respect to--
        ``(A) the application of occupational safety and health 
    requirements under this Act or under State plans approved under 
    section 18; and
        ``(B) voluntary efforts that employers may undertake to 
    establish and maintain safe and healthful employment and places of 
    employment.
Such agreements may provide, as a condition of receiving funds under 
such agreements, for contributions by States towards meeting the costs 
of such agreements.
    ``(2) Pursuant to such agreements the State shall provide on-site 
consultation at the employer's worksite to employers who request such 
assistance. The State may also provide other education and training 
programs for employers and employees in the State. The State shall 
ensure that on-site consultations conducted pursuant to such agreements 
include provision for the participation by employees.
    ``(3) Activities under this subsection shall be conducted 
independently of any enforcement activity. If an employer fails to take 
immediate action to eliminate employee exposure to an imminent danger 
identified in a consultation or fails to correct a serious hazard so 
identified within a reasonable time, a report shall be made to the 
appropriate enforcement authority for such action as is appropriate.
    ``(4) The Secretary shall, by regulation after notice and 
opportunity for comment, establish rules under which an employer--
        ``(A) which requests and undergoes an on-site consultative 
    visit provided under this subsection;
        ``(B) which corrects the hazards that have been identified 
    during the visit within the time frames established by the State 
    and agrees to request a subsequent consultative visit if major 
    changes in working conditions or work processes occur which 
    introduce new hazards in the workplace; and
        ``(C) which is implementing procedures for regularly 
    identifying and preventing hazards regulated under this Act and 
    maintains appropriate involvement of, and training for, management 
    and non-management employees in achieving safe and healthful 
    working conditions,
may be exempt from an inspection (except an inspection requested under 
section 8(f) or an inspection to determine the cause of a workplace 
accident which resulted in the death of one or more employees or 
hospitalization for three or more employees) for a period of 1 year 
from the closing of the consultative visit.
    ``(5) A State shall provide worksite consultations under paragraph 
(2) at the request of an employer. Priority in scheduling such 
consultations shall be assigned to requests from small businesses which 
are in higher hazard industries or have the most hazardous conditions 
at issue in the request.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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