HR2844-119

1. Short title This Act may be cited as the Michael Enzi Voluntary Protection Program Act.

2. Michael Enzi Voluntary Protection Program The Secretary of Labor shall establish a program of recognizing employers’ voluntary commitment to establish comprehensive safety and health management systems that include— requirements for systematic assessment of hazards; comprehensive hazard prevention, mitigation, and control programs; active and meaningful management and employee participation in the voluntary program described in subsection (b); and employee safety and health training. The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. The voluntary protection program carried out under this section shall be known as the Michael Enzi Voluntary Protection Program (referred to in this Act as the Program). The Program shall include the following: Employers who volunteer under the Program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the Program. Employers approved by the Secretary of Labor for participation in the Program shall conduct annual self-evaluations in accordance with regulations promulgated by the Secretary. There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). Any serious hazard or violation identified during such onsite evaluation shall be corrected within a 90-day period or, if such time period is not feasible, as soon as practicable. Employers who are approved by the Secretary of Labor for participation in the Program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the Program. Worksite audits and evaluations and other activities related to participation in the Program shall— remain under the direct supervision of employees of the Occupational Safety and Health Administration whom the Director of the Directorate of Cooperative and State Programs designates; and be conducted by special Government employees, as defined in section 202(a) of title 18, United States Code, under the direct supervision of the employees designated under clause (i). To ensure proper controls and measurement of program performance for the Program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the Program. Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the Program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the Program. Establish a system for monitoring the performance of the Program by developing specific performance goals and measures for the Program. A worksite with respect to which a Program has been approved shall, during participation in the Program, be exempt from programmed inspections. The Secretary of Labor shall not require any form of payment for an employer to qualify for or participate in the Program. Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall establish a written plan to modernize the technology used to administer the Program. The plan required under subparagraph (A) shall include the procurement, directly or through partnerships with nonprofit organizations, of software or platforms that will modernize the administration of— the application process under the Program; the annual self-evaluation submission required under paragraph (2)(B)(i); the worksite audit reporting process under the Program; and other functions that directly affect the efficiency of the Program’s operations for the Occupational Safety and Health Administration and for current and prospective employers participating in the Program. The Secretary of Labor shall modernize and support a tiered challenge program in the Occupational Safety and Health Administration (consistent with subsection (a)) to serve as a safety and health management system evaluation tool for employers participating in the Program. The Secretary shall not require any form of payment for participation in the Challenge program under this subsection. The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the voluntary protection program carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the Program authorized under this section. In making such transition, the Secretary shall ensure that— the Program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and each employer that, as of the day before the date of enactment of this Act, was participating in a voluntary protection program carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such program, shall have the option to continue participating in the Program authorized under this section. Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall issue final regulations for the Program authorized under this section and shall begin implementation of the Program. Of the funds appropriated for the Occupational Safety and Health Administration for a fiscal year, the Secretary of Labor shall use an amount that is not less than 5 percent of such funds to carry out this Act for such fiscal year.