S.Amdt. 2764

1. 1

   Change 1: Strikes “and the regulations banning asbestos promulgated under section 501 of this Act),”

   StrikesPage 370, lines 9–11

   In S.Amdt. 2746 as proposed

   (A) in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, identify all employers that, during the previous year, were subject to final orders finding that they violated standards issued by the Occupational Safety and Health Administration for control of occupational exposure to asbestos (29 C.F.R. 1910.1001, 1915.1001, and 1926.1101) or the equivalent asbestos standards issued by any State under section 18 of the Occupational Safety and Health Act (29 U.S.C. 668); and

   (B) in consultation with the Administrator of the Environmental Protection Agency, identify all employers or other individuals who, during the previous year, were subject to final orders finding that they violated asbestos regulations administered by the Environmental Protection Agency (including the National Emissions Standard for Asbestos established under the Clean Air Act (42 U.S.C. 7401 et seq.), the asbestos worker protection standards established under part 763 of title 40, Code of Federal Regulations, [struck: and the regulations banning asbestos promulgated under section 501 of this Act), ]or equivalent State asbestos regulations.

   (3) Assessment for contribution.--The Administrator shall assess each such identified employer or other individual for a contribution to the Fund for that year in an amount equal to--

   Original wording

   On page 370, lines 9 through 11, strike “and the regulations banning asbestos promulgated under section 501 of this Act),”.

2. 2

   Change 2: Rewrites page 368, line 23 through page 370, line 24

   Replaces

   Removes page 368, line 23 through page 370, line 24.

   Inserted: (e) Contributions to the Asbestos Trust Fund by OSHA Asbestos Violators.--

   Inserted: (1) In general.--The Administrator shall assess employers or other individuals determined to have violated asbestos statutes, standards, or regulations administered by the Department of Labor and State agencies that are counterparts, for contributions to the Asbestos Injury Claims Resolution Fund.

   Inserted: (2) Identification of violators.--Each year, the Administrator shall in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, identify all employers that, during the previous year, were subject to final orders finding that they violated standards issued by the Occupational Safety and Health Administration for control of occupational exposure to asbestos (29 C.F.R. 1910.1001, 1915.1001, and 1926.1101) or the equivalent asbestos standards issued by any State under section 18 of the Occupational Safety and Health Act (29 U.S.C. 668).

   Inserted: (3) Assessment for contribution.--The Administrator shall assess each such identified employer or other individual under paragraph (2) for a contribution to the Fund for that year in an amount equal to--

   Inserted: (A) 2 times the amount of total penalties assessed for the first violation of occupational health statutes, standards, or regulations;

   Inserted: (B) 4 times the amount of total penalties for a second violation of such statutes, standards, or regulations; and

   Inserted: (C) 6 times the amount of total penalties for any violations thereafter.

   Original wording

   On page 368, line 23, strike all through page 370, line 24 and insert the following:

3. 3

   Change 3: Strikes page 385, line 1 through page 392, line 5

   Strikes

   Removes page 385, line 1 through page 392, line 5.

   Original wording

   On page 385, line 1, strike all through page 392, line 5.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed