,,ib ,union ,calendar ,no4 #dfc #aaith ,,congress #b;d ,session ,h4 ,r4 #bhdd ,report ,no4 #aai-ech ,,in ,,the ,,house ,,of ,,representatives ,april #aj1 #bjbe,mrs4 ,harshbarger 7for herself and ,mr4 ,thompson of ,california7 introduced the following bill2 which was referred to the ,committee on ,education and ,workforce ,march #c1 #bjbf,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,april #aj1 #bjbe ,a ,,bill ,to authorize the ,department of ,labor's voluntary protection program4 #a4 ,short title ,this ,act may be cited as the ,michael ,enzi ,voluntary ,protection ,program ,act of #bjbe4 #b4 ,michael ,enzi ,voluntary ,protection ,program 7a7 ,program established ,the ,secretary of ,labor shall establish a program of recognizing employers' voluntary commitment to establish comprehensive safety and health management systems that include-- 7#a7 requirements for systematic assessment of hazards2 7#b7 comprehensive hazard prevention1 mitigation1 and control programs2 7#c7 active and meaningful management and employee participation in the voluntary program described in subsection 7b72 and 7#d7 employee safety and health training4 7b7 ,michael ,enzi ,voluntary ,protection ,program established 7#a7 ,establishment 7,a7 ,in general ,the ,secretary of ,labor shall establish and carry out a voluntary protection program 7consistent with subsection 7a77 to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards4 7,b7 ,designation ,the voluntary protection program carried out under this section shall be known as the ,michael ,enzi ,voluntary ,protection ,program 7referred to in this ,act as the ,program74 7#b7 ,program requirements ,the ,program shall include the following3 7,a7 ,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 ,program4 7,b7 ,self-evaluations and onsite evaluations 7i7 ,self-evaluations ,employers approved by the ,secretary of ,labor for participation in the ,program shall conduct annual self-evaluations in accordance with regulations promulgated by the ,secretary4 7ii7 ,onsite evaluations ,there shall be onsite evaluations by representatives of the ,secretary of ,labor to ensure a high level of protection of employees4 ,the onsite visits shall not result in enforcement of citations under the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq474 ,any serious hazard or violation identified during such onsite evaluation shall be corrected within a #ij-;day period or1 if such time period is not feasible1 as soon as practicable4 7,c7 ,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 employees4 7,d7 ,reevaluations ,periodic reevaluations by the ,secretary of ,labor of the employers shall be required for continued participation in the ,program4 7,e7 ,oversight ,worksite audits and evaluations and other activities related to participation in the ,program shall-- 7i7 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 designates2 and 7ii7 be conducted by special ,government employees1 as defined in section #bjb7;a7 of title #ah1 ,united ,states ,code1 under the direct supervision of the employees designated under clause 7i74 7#c7 ,monitoring ,to ensure proper controls and measurement of program performance for the ,program under this section1 the ,secretary of ,labor shall direct the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health to take the following actions3 7,a7 ,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 ,program4 7,b7 ,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 rates1 to ensure that only qualified worksites participate in the ,program4 7,c7 ,establish a system for monitoring the performance of the ,program by developing specific performance goals and measures for the ,program4 7#d7 ,exemptions ,a worksite with respect to which a ,program has been approved shall1 during participation in the ,program1 be exempt from programmed inspections4 7#e7 ,no payments required ,the ,secretary of ,labor shall not require any form of payment for an employer to qualify for or participate in the ,program4 7#f7 ,modernization of technology to administer the program 7,a7 ,written plan ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,labor shall establish a written plan to modernize the technology used to administer the ,program4 7,b7 ,contents of plan ,the plan required under subparagraph 7,a7 shall include the procurement1 directly or through partnerships with nonprofit organizations1 of software or platforms that will modernize the administration of-- 7i7 the application process under the ,program2 7ii7 the annual self-evaluation submission required under paragraph 7#b77;,b77i72 7iii7 the worksite audit reporting process under the ,program2 and 7iv7 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 ,program4 7c7 ,basic1 no-,cost tiered safety and health management system challenge program 7#a7 ,in general ,the ,secretary of ,labor shall modernize and support a tiered challenge program in the ,occupational ,safety and ,health ,administration 7consistent with subsection 7a77 to serve as a safety and health management system evaluation tool for employers participating in the ,program4 7#b7 ,no payment required ,the ,secretary shall not require any form of payment for participation in the ,challenge program under this subsection4 7d7 ,transition ,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 ,act1 to the ,program authorized under this section4 ,in making such transition1 the ,secretary shall ensure that-- 7#a7 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 ,act2 and 7#b7 each employer that1 as of the day before the date of enactment of this ,act1 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 program1 shall have the option to continue participating in the ,program authorized under this section4 7e7 ,regulations and implementation ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,labor shall issue final regulations for the ,program authorized under this section and shall begin implementation of the ,program4 7f7 ,funding ,of the funds appropriated for the ,occupational ,safety and ,health ,administration for a fiscal year1 the ,secretary of ,labor shall use an amount that is not less than #e percent of such funds to carry out this ,act for such fiscal year4 ,march #c1 #bjbf,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed