S.Amdt. 989

SA 989. Mr. BRAUN submitted an amendment intended to be proposed to
amendment SA 891 proposed by Mr. Schumer to the bill H.R. 1319, to
provide for reconciliation pursuant to title II of S. Con. Res. 5;
which was ordered to lie on the table; as follows:

Strike section 2101(b) and insert the following:
(b) Allocation of Amounts.--Amounts appropriated under
subsection (a) shall be allocated as follows:
(1) Not less than $75,000,000 shall be for the Occupational
Safety and Health Administration, of which $5,000,000 shall
be for Susan Harwood training grants, $5,000,000 shall be for
a voluntary protection program under subsection (c), and not
less than $5,000,000 shall be for enforcement activities
relating to COVID-19 at high risk workplaces including
healthcare, meat and poultry processing facilities,
agricultural workplaces and correctional facilities.
(2) $12,500,000 shall be for the Office of Inspector
General.
(c) Voluntary Protection Program.--
(1) Cooperative agreements.--By not later than 2 years
after the date of enactment of this Act, the Secretary of
Labor shall establish a program of entering into cooperative
agreements with employers to encourage the establishment of
comprehensive safety and health management systems that
include--
(A) requirements for systematic assessment of hazards;
(B) comprehensive hazard prevention, mitigation, and
control programs;
(C) active and meaningful management and employee
participation in the voluntary program described in paragraph
(2); and
(D) employee safety and health training.
(2) Voluntary protection program.--
(A) In general.--By not later than 2 years after the date
of enactment of this Act, the Secretary of Labor shall
establish and carry out a voluntary protection program
(consistent with paragraph (1)) to encourage excellence and
recognize the achievement of excellence in both the technical
and managerial protection of employees from occupational
hazards.
(B) Program requirements.--The voluntary protection program
shall include the following:
(i) 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.
(ii) Onsite evaluations.--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.).
(iii) Information.--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.
(iv) Reevaluations.--Periodic reevaluations by the
Secretary of Labor of the employers shall be required for
continued participation in the program.
(C) Monitoring.--To ensure proper controls and measurement
of program performance for the voluntary protection program
under this subsection, the Secretary of Labor shall direct
the Assistant Secretary of Labor for Occupational Safety and
Health to take the following actions:
(i) 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.
(ii) 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.
(iii) Establish a system for monitoring the performance of
the voluntary protection program by developing specific
performance goals and measures for the program.
(D) Exemptions.--A site with respect to which a voluntary
protection program has been approved shall, during
participation in the program, be exempt from inspections or
investigations and certain paperwork requirements to be
determined by the Secretary of Labor, except that this
paragraph shall not apply to inspections or investigations
arising from employee complaints, fatalities, catastrophes,
or significant toxic releases.
(E) 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.
(3) Transition.--The Secretary of Labor shall take such
steps as may be necessary for the orderly transition from the
cooperative agreements 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 agreements and voluntary
protection program authorized under this subsection. In
making such transition, the Secretary shall ensure that--
(A) the voluntary protection program under this subsection
is based upon and consistent with the voluntary protection
programs carried out on the day before the date of enactment
of this Act; and
(B) each employer that, as of the day before the date of
enactment of this Act, had an active cooperative agreement
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 subsection.
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