S.Amdt. 2554

SA 2554. Mr. ENZI submitted an amendment intended to be proposed by
him to the bill S. 178, to condemn gross human rights violations of
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary
detention, torture, and harassment of these communities inside and
outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _. VOLUNTARY PROTECTION PROGRAM.

(a) Cooperative Relationships.--The Secretary of Labor
shall establish a program of entering into cooperative
relationships with employers to encourage the establishment
of comprehensive safety and health management systems that
include--
(1) requirements for systematic assessment of hazards;
(2) comprehensive hazard prevention, mitigation, and
control programs;
(3) active and meaningful management leadership and
employee participation in the voluntary program described in
subsection (b); and
(4) employee safety and health training.
(b) Voluntary Protection Program.--
(1) In general.--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.
(2) Program requirements.--The voluntary protection program
shall include the following:
(A) Application.--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.
(B) Onsite evaluations.--
(i) In general.--There shall be onsite evaluations by
representatives of the Secretary of Labor to ensure a high
level of protection of employees.
(ii) Treatment of hazards.--Any representative of the
Secretary of Labor who is conducting an onsite evaluation
under clause (i)--

(I) shall not issue, or recommend the issuance of,
citations under the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.) related to any of the hazards
identified during the evaluation; and
(II) may refer any hazard identified during the evaluation
to the Assistant Secretary of Labor for Occupational Safety
and Health for review and enforcement action, if--

(aa) employees are exposed to the hazard; and
(bb) after reasonable efforts, the Secretary's
representative is unable to reach agreement with the employer
on the correction of the hazard.
(C) Information.--Each employer whose worksite is approved
by the Secretary of Labor for participation in the program
shall ensure information about the safety and health program
is made readily available to each employee who is performing
work at the worksite.
(D) Reevaluations.--Periodic reevaluations by the Secretary
of Labor of the employers shall be required for continued
participation in the program.
(3) Monitoring.--To ensure proper controls and measurement
of program performance for the voluntary protection 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:
(A) 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 voluntary protection program.
(B) Establish internal controls that ensure consistent
compliance by the regional offices of the Occupational Safety
and Health Administration with the voluntary protection
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.
(C) Establish a system for monitoring the performance of
the voluntary protection program by developing specific
performance goals and measures for the program.
(4) Exemptions.--A worksite with respect to which a
voluntary protection program has been approved shall, during
participation in the program, be exempt from programmed
inspections, except that this paragraph shall not apply to
inspections or investigations arising from employee
complaints, fatalities, catastrophes, or significant toxic
releases.
(5) No payments required.--The Secretary of Labor shall not
require any form of payment for an employer to qualify or
participate in the voluntary protection program.
(c) Transition.--The Secretary of Labor shall take such
steps as may be necessary for the orderly transition from the
cooperative relationships and voluntary protection programs
carried out by the Occupational Safety and Health
Administration as of the day before the date of enactment of
this Act, to the cooperative relationships and voluntary
protection program authorized under this section. In making
such transition, the Secretary shall ensure that--
(1) the voluntary protection 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
(2) each employer that, as of the day before the date of
enactment of this Act, had an active cooperative relationship
under the voluntary protection programs carried out by the
Occupational Safety and Health Administration and was in good
standing with respect to the duties and responsibilities
under such agreement, shall have the option to continue
participating in the voluntary protection program authorized
under this section.
(d) Regulations and Implementation.--Not later than 2 years
after the date of enactment of this Act, the Secretary of
Labor shall issue final regulations for the voluntary
protection program authorized under this section and shall
begin implementation of the program.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
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