What This Bill Does
This bill creates a new voluntary program called the Michael Enzi Voluntary Protection Program that employers can join to improve workplace safety and health. The program encourages companies to develop comprehensive safety systems and recognizes businesses that do excellent work protecting employees from job hazards.
Who It Affects
Employers who choose to volunteer for the program. The Department of Labor's Secretary and the Assistant Secretary of Labor for Occupational Safety and Health, who will run the program. Employees at participating worksites.
Key Provisions
Employers must submit applications to the Secretary of Labor and demonstrate they meet safety requirements to join the program, including having systems to assess hazards, prevent hazards, and train employees on safety (Sec. 2(b)(2)(A)).
The Secretary of Labor will conduct onsite evaluations to ensure high protection levels, but these visits will not result in enforcement actions or citations under the Occupational Safety and Health Act of 1970 (Sec. 2(b)(2)(B)).
Participating worksites will be exempt from routine inspections while they remain in the program (Sec. 2(b)(4)).
The Secretary of Labor will not charge employers any fees to qualify for or participate in the program (Sec. 2(b)(5)).
The Secretary must issue final regulations and begin implementing the program no later than 2 years after the bill becomes law (Sec. 2(d)).
What Changes
If enacted, employers can voluntarily join a new federal safety program that recognizes excellence in workplace protection. Participating employers avoid routine safety inspections while in the program. The Department of Labor will oversee the program and conduct periodic evaluations to ensure participating worksites maintain high safety standards.
Important Definitions
None defined.
I
118TH CONGRESS
1ST SESSION H. R. 1706
To authorize the Department of Labor’s voluntary protection program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 2023
Mrs. HARSHBARGER (for herself and Mr. THOMPSON of California) introduced
the following bill; which was referred to the Committee on Education and
the Workforce
A BILL
To authorize the Department of Labor’s voluntary protection
program.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Michael Enzi Vol-
4
untary Protection Program Act’’.
5
SEC. 2. MICHAEL ENZI VOLUNTARY PROTECTION PRO-
6
GRAM.
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(a) COOPERATIVE AGREEMENTS.—The Secretary of
8
Labor shall establish a program of entering into coopera-
9
tive agreements with employers to encourage the establish-
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•HR 1706 IH
ment of comprehensive safety and health management sys-
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tems that include—
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(1) requirements for systematic assessment of
3
hazards;
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(2) comprehensive hazard prevention, mitiga-
5
tion, and control programs;
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(3) active and meaningful management and em-
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ployee participation in the voluntary program de-
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scribed in subsection (b); and
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(4) employee safety and health training.
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(b) MICHAEL ENZI VOLUNTARY PROTECTION PRO-
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GRAM ESTABLISHED.—
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(1) ESTABLISHMENT.—
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(A) IN GENERAL.—The Secretary of Labor
14
shall establish and carry out a voluntary protec-
15
tion program (consistent with subsection (a)) to
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encourage excellence and recognize the achieve-
17
ment of excellence in both the technical and
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managerial protection of employees from occu-
19
pational hazards.
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(B) DESIGNATION.—The voluntary protec-
21
tion program carried out under this section
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shall be known as the ‘‘Michael Enzi Voluntary
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Protection Program’’ (referred to in this Act as
24
the ‘‘Program’’).
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•HR 1706 IH
(2) PROGRAM REQUIREMENTS.—The Program
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shall include the following:
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(A) APPLICATION.—Employers who volun-
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teer under the Program shall be required to
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submit an application to the Secretary of Labor
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demonstrating that the worksite with respect to
6
which the application is made meets such re-
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quirements as the Secretary of Labor may re-
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quire for participation in the Program.
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(B) ONSITE
EVALUATIONS.—There shall
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be onsite evaluations by representatives of the
11
Secretary of Labor to ensure a high level of
12
protection of employees. The onsite visits shall
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not result in enforcement of citations under the
14
Occupational Safety and Health Act of 1970
15
(29 U.S.C. 651 et seq.).
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(C) INFORMATION.—Employers who are
17
approved by the Secretary of Labor for partici-
18
pation in the Program shall assure the Sec-
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retary of Labor that information about the
20
safety and health program shall be made read-
21
ily available to the Secretary of Labor to share
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with employees.
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(D) REEVALUATIONS.—Periodic reevalua-
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tions by the Secretary of Labor of the employ-
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•HR 1706 IH
ers shall be required for continued participation
1
in the Program.
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(3) MONITORING.—To ensure proper controls
3
and measurement of program performance for the
4
Program under this section, the Secretary of Labor
5
shall direct the Assistant Secretary of Labor for Oc-
6
cupational Safety and Health to take the following
7
actions:
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(A) Develop a documentation policy re-
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garding information on follow-up actions taken
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by the regional offices of the Occupational Safe-
11
ty and Health Administration in response to fa-
12
talities and serious injuries at worksites partici-
13
pating in the Program.
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(B) Establish internal controls that ensure
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consistent compliance by the regional offices of
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the Occupational Safety and Health Adminis-
17
tration with the Program policies of the Occu-
18
pational Safety and Health Administration for
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conducting onsite reviews and monitoring injury
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and illness rates, to ensure that only qualified
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worksites participate in the Program.
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(C) Establish a system for monitoring the
23
performance of the Program by developing spe-
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cific performance goals and measures for the
1
Program.
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(4) EXEMPTIONS.—A site with respect to which
3
a Program has been approved shall, during partici-
4
pation in the Program, be exempt from programmed
5
inspections.
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(5) NO PAYMENTS REQUIRED.—The Secretary
7
of Labor shall not require any form of payment for
8
an employer to qualify or participate in the Pro-
9
gram.
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(c) TRANSITION.—The Secretary of Labor shall take
11
such steps as may be necessary for the orderly transition
12
from the cooperative agreements and voluntary protection
13
programs carried out by the Occupational Safety and
14
Health Administration as of the day before the date of
15
enactment of this Act, to the cooperative agreements and
16
Program authorized under this section. In making such
17
transition, the Secretary shall ensure that—
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(1) the Program authorized under this section
19
is based upon and consistent with the voluntary pro-
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tection programs carried out on the day before the
21
date of enactment of this Act; and
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(2) each employer that, as of the day before the
23
date of enactment of this Act, had an active coopera-
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tive agreement under the voluntary protection pro-
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•HR 1706 IH
grams carried out by the Occupational Safety and
1
Health Administration and was in good standing
2
with respect to the duties and responsibilities under
3
such agreement, shall have the option to continue
4
participating in the Program authorized under this
5
section.
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(d) REGULATIONS
AND
IMPLEMENTATION.—Not
7
later than 2 years after the date of enactment of this Act,
8
the Secretary of Labor shall issue final regulations for the
9
Program authorized under this section and shall begin im-
10
plementation of the Program.
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SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
12
There are authorized to be appropriated to carry out
13
this Act such sums as may be necessary.
14
Æ
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