Bryce Raynor Act of 2020

II 116TH CONGRESS 2D SESSION S. 4496 To direct the Secretary of Labor to promulgate an occupational safety and health standard that requires covered employers to protect employees from injury and death related to grease trap manholes. IN THE SENATE OF THE UNITED STATES AUGUST 6, 2020 Mr. SCHUMER introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Labor to promulgate an occupa- tional safety and health standard that requires covered employers to protect employees from injury and death related to grease trap manholes. 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 ‘‘Bryce Raynor Act of 4 2020’’. 5 VerDate Sep 11 2014 19:15 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4496.IS S4496 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4496 IS SEC. 2. OCCUPATIONAL SAFETY AND HEALTH STANDARD 1 REGARDING GREASE TRAP MANHOLES. 2 (a) DEFINITIONS.—In this section, the terms ‘‘em- 3 ployee’’ and ‘‘employer’’ have the meanings given the 4 terms in section 3 of the Occupational Safety and Health 5 Act of 1970 (29 U.S.C. 652). 6 (b) INTERIM FINAL STANDARD.— 7 (1) IN GENERAL.—Not later than 2 years after 8 the date of enactment of this Act, the Secretary of 9 Labor shall promulgate an interim final occupational 10 safety and health standard protecting employees 11 from death and injury related to grease trap man- 12 holes that— 13 (A) shall be included as a new section in 14 subpart D of part 1910 of title 29, Code of 15 Federal Regulations or any successor subpart, 16 with the heading ‘‘Grease Trap Manholes’’; and 17 (B) requires employers to protect all em- 18 ployees from falling in or tripping on grease 19 trap manholes by— 20 (i) ensuring that the grease trap man- 21 holes and surrounding areas are inspected 22 regularly and in accordance with clause 23 (iv) and maintained in a safe condition, 24 consistent with paragraphs (1), (2), and 25 (3) of section 1910.22(d) of such subpart; 26 VerDate Sep 11 2014 19:15 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4496.IS S4496 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4496 IS (ii) ensuring that, consistent with sec- 1 tion 1910.28(b)(3) of such subpart, each 2 employee— 3 (I) is protected from falling 4 through any grease trap manhole 5 opening that is 4 feet (1.2 meters) or 6 more above a lower level by a cover, 7 guardrail system, travel restraint sys- 8 tem, or personal fall arrest system; 9 and 10 (II) is protected from tripping 11 into or stepping into or through any 12 grease trap manhole opening that is 13 less than 4 feet (1.2 meters) above a 14 lower level by a cover or guardrail sys- 15 tem; 16 (iii) ensuring that each grease trap 17 manhole opening— 18 (I) has a cover that, consistent 19 with the requirements of section 20 1910.29(e) of such subpart— 21 (aa) is capable of sup- 22 porting, without failure, at least 23 twice the maximum intended load 24 VerDate Sep 11 2014 19:15 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4496.IS S4496 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4496 IS that may be imposed on the cover 1 at any one time; 2 (bb) is manufactured for 3 commercial use; 4 (cc) is secured by a bolt or 5 locking mechanism to prevent ac- 6 cidental displacement; and 7 (dd) is made of round cast 8 iron, or metal of a similar con- 9 struction rated for heavy road 10 traffic, with sufficient weight to 11 prevent unauthorized access; and 12 (II) has a secondary protection 13 device consisting of a screen or net- 14 ting sufficient to prevent a person 15 from falling into the grease trap man- 16 hole opening; and 17 (iv) ensuring that each grease trap 18 manhole and cover for a grease trap man- 19 hole opening is inspected twice a year to 20 ensure that the cover is made of metal, 21 locked, and can support twice the max- 22 imum intended load. 23 (2) NOTICE AND COMMENT.—Notwithstanding 24 any other provision of section 6 of the Occupational 25 VerDate Sep 11 2014 19:15 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4496.IS S4496 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4496 IS Safety and Health Act of 1970 (29 U.S.C. 655), the 1 Secretary of Labor shall, prior to promulgating the 2 interim final standard under paragraph (1), provide 3 notice of the interim final standard and a 30-day op- 4 portunity for public comment. 5 (3) EFFECTIVE DATE OF INTERIM FINAL 6 STANDARD.— 7 (A) IN GENERAL.—The interim final 8 standard promulgated under paragraph (1) 9 shall— 10 (i) take effect on a date specified by 11 the Secretary of Labor that is not later 12 than 30 days after the date of promulga- 13 tion, except that such interim final stand- 14 ard may include a reasonable phase-in pe- 15 riod for the implementation of required en- 16 gineering controls that take effect after 17 such date; 18 (ii) have the legal effect of, and be en- 19 forced in the same manner as, an occupa- 20 tional safety and health standard promul- 21 gated under section 6(b) of the Occupa- 22 tional Safety and Health Act of 1970 (29 23 U.S.C. 655(b)); and 24 VerDate Sep 11 2014 19:15 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4496.IS S4496 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4496 IS (iii) be in effect until the final stand- 1 ard described in subsection (c)(2) becomes 2 effective and enforceable. 3 (B) FAILURE TO PROMULGATE.—If an in- 4 terim final standard described in paragraph (1) 5 is not promulgated by the date that is 2 years 6 after the date of enactment of this Act, the pro- 7 visions of such paragraph shall be in effect and 8 enforced in the same manner as any standard 9 promulgated under section 6(b) of the Occupa- 10 tional Safety and Health Act of 1970 (29 11 U.S.C. 655(b)) until such provisions are super- 12 seded in whole by an interim final standard 13 promulgated by the Secretary that meets the 14 requirements of paragraph (1). 15 (c) FINAL STANDARD.— 16 (1) PROPOSED FINAL STANDARD.—Not later 17 than 30 months after the date of enactment of this 18 Act, the Secretary of Labor shall, pursuant to sec- 19 tion 6 of the Occupational Safety and Health Act of 20 1970 (29 U.S.C. 655), promulgate a proposed final 21 standard protecting employees from death and in- 22 jury related to grease trap manholes that shall in- 23 clude, at a minimum, the elements contained in the 24 VerDate Sep 11 2014 19:15 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4496.IS S4496 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4496 IS interim final standard promulgated under subsection 1 (b). 2 (2) FINAL STANDARD.—Not later than 42 3 months after the date of enactment of this Act, the 4 Secretary of Labor shall, pursuant to section 6 of 5 the Occupational Safety and Health Act of 1970 (29 6 U.S.C. 655), promulgate a final standard protecting 7 employees from death and injury related to grease 8 trap manholes. Such final standard shall include, at 9 a minimum, the elements contained in the interim 10 final standard promulgated under subsection (b). 11 Æ VerDate Sep 11 2014 19:15 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S4496.IS S4496 pamtmann on DSKBC07HB2PROD with BILLS