119-hr2844

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2844 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2844

 To authorize the Department of Labor's voluntary protection program.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 10, 2025

 Mrs. Harshbarger (for herself and Mr. Thompson of California) 
 introduced the following bill; which was referred to the Committee on 
 Education and Workforce

_______________________________________________________________________

 A BILL

 To authorize the Department of Labor's voluntary protection program.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Michael Enzi Voluntary Protection 
Program Act''.

SEC. 2. MICHAEL ENZI VOLUNTARY PROTECTION PROGRAM.

    (a) 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--

    (1) requirements for systematic assessment of hazards;

    (2) comprehensive hazard prevention, mitigation, and 
 control programs;

    (3) active and meaningful management and employee 
 participation in the voluntary program described in subsection

    (b) ; and

    (4) employee safety and health training.

    (b) Michael Enzi Voluntary Protection Program Established.--

    (1) Establishment.--
        (A) 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.
        (B) Designation.--The voluntary protection program 
 carried out under this section shall be known as the 
 ``Michael Enzi Voluntary Protection Program'' (referred 
 to in this Act as the ``Program'').

    (2) Program requirements.--The 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) Self-evaluations and onsite evaluations.--
            (i) 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 Secretary.
            (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.). Any serious 
 hazard or violation identified during such 
 onsite evaluation shall be corrected within a 
 90-day period or, if such time period is not 
 feasible, as soon as practicable.
            (C) 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.
            (D) Reevaluations.--Periodic reevaluations by the 
 Secretary of Labor of the employers shall be required 
 for continued participation in the Program.
        (E) Oversight.--Worksite audits and evaluations and 
 other activities related to participation in the 
 Program shall--
            (i) 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 
 designates; and
            (ii) be conducted by special Government 
 employees, as defined in 

section 202

    (a) of 
 title 18, United States Code, under the direct 
 supervision of the employees designated under 
 clause
            (i) .

    (3) Monitoring.--To ensure proper controls and measurement 
 of program performance for the 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 Program.
        (B) 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 rates, to ensure that 
 only qualified worksites participate in the Program.
            (C) Establish a system for monitoring the 
 performance of the Program by developing specific 
 performance goals and measures for the Program.

    (4) Exemptions.--A worksite with respect to which a Program 
 has been approved shall, during participation in the Program, 
 be exempt from programmed inspections.

    (5) No payments required.--The Secretary of Labor shall not 
 require any form of payment for an employer to qualify for or 
 participate in the Program.

    (6) Modernization of technology to administer the 
 program.--
        (A) Written plan.--Not later than 2 years after the 
 date of enactment of this Act, the Secretary of Labor 
 shall establish a written plan to modernize the 
 technology used to administer the Program.
        (B) Contents of plan.--The plan required under 
 subparagraph
        (A) shall include the procurement, 
 directly or through partnerships with nonprofit 
 organizations, of software or platforms that will 
 modernize the administration of--
            (i) the application process under the 
 Program;
            (ii) the annual self-evaluation submission 
 required under paragraph

    (2)
        (B)
            (i) ;
            (iii) the worksite audit reporting process 
 under the Program; and
            (iv) 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 Program.
            (c) Basic, No-Cost Tiered Safety and Health Management System 
Challenge Program.--

    (1) In general.--The Secretary of Labor shall modernize and 
 support a tiered challenge program in the Occupational Safety 
 and Health Administration (consistent with subsection

    (a) ) to 
 serve as a safety and health management system evaluation tool 
 for employers participating in the Program.

    (2) No payment required.--The Secretary shall not require 
 any form of payment for participation in the Challenge program 
 under this subsection.
            (d) 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 Act, 
to the Program authorized under this section. In making such 
transition, the Secretary shall ensure that--

    (1) 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 Act; and

    (2) each employer that, as of the day before the date of 
 enactment of this Act, 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 program, shall have 
 the option to continue participating in the Program authorized 
 under this section.

    (e) 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 Program authorized under this section and 
shall begin implementation of the Program.

    (f) Funding.--Of the funds appropriated for the Occupational Safety 
and Health Administration for a fiscal year, the Secretary of Labor 
shall use an amount that is not less than 5 percent of such funds to 
carry out this Act for such fiscal year.
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