article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Occupational Safety and Health Amendments of 1995''. SEC. 2. EMPLOYEE PARTICIPATION. Section 4 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653) is amended by adding at the end the following new subsection: ``(c) In order to carry out the purpose of this Act to encourage employers and employees in their efforts to reduce the number of occupational safety and health hazards, an employee participation committee-- ``(1) in which employees participate; ``(2) which exists for the purpose, in whole or in part, of dealing with employees concerning-- ``(A) safe and healthful working conditions; or ``(B) any other related matters; and ``(3) which does not have, claim, or seek authority to negotiate or enter into collective bargaining agreements with the employer or to amend existing collective bargaining agreements between the employer and any labor organization, shall not constitute a `labor organization' for purposes of section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) or a representative for purposes of sections 1 and 2 of the Railway Labor Act (45 U.S.C. 151 and 151a).''. SEC. 3. RISK ASSESSMENT IN STANDARDS MAKING. (a) Priority for Establishing Standards.--Section 6(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(g)) is amended-- (1) by striking ``(g) In'' and inserting ``(g)(1) In''; and (2) by adding at the end the following new paragraph: ``(2) In determining the priority for establishing standards relating to toxic materials or harmful physical agents, the Secretary shall consider the number of workers exposed to such materials or agents, the nature and severity of potential impairment, and the likelihood of such impairment.''. (b) Risk Assessments for Final Standard.--Section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) is amended by adding at the end the following new subsection: ``(h)(1) Notwithstanding any other provision of this Act, in promulgating any final occupational safety and health regulation or standard, the Secretary shall publish in the Federal Register-- ``(A) an estimate, calculated with as much specificity as practicable, of the risk to the health and safety of employees addressed by such regulation or standard, the affect of such regulation or standard on human health or the environment, and the costs associated with the implementation of, and compliance with, such regulation or standard; ``(B) a comparative analysis of the risk addressed by such regulation or standard relative to other risks to which employees are exposed; and ``(C) a certification that-- ``(i) the estimate under subparagraph (A) and the analysis under subparagraph (B) are-- ``(I) based upon a scientific evaluation of the risk to the health and safety of employees and to human health or the environment; and ``(II) supported by the best available scientific data; ``(ii) such regulation or standard will substantially advance the purpose of protecting employee health and safety or the environment against the specified identified risk; and ``(iii) such regulation or standard will produce benefits to employee health and safety or the environment that will justify the cost to the Federal Government and the public of the implementation of and compliance with such regulation or standard. ``(2) If the Secretary cannot make the certification required under paragraph (1)(C), the Secretary shall-- ``(A) notify the Congress concerning the reasons why such certification cannot be made; and ``(B) publish a statement of such reasons with the final regulation or standard. ``(3) Nothing in this subsection shall be construed to grant a cause of action to any person.''. SEC. 4. CONSULTATION SERVICES. Section 21(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 671(c)) is amended-- (1) by striking ``(c) The'' and inserting ``(c)(1) The''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall, through the authority granted under section 7(c) and paragraph (1), enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions. A State that has a plan approved under section 18 shall be eligible to enter into a cooperative agreement under this paragraph only if such plan does not include provisions for federally funded consultation to employers. ``(B)(i) Except as provided in clause (ii), the Secretary shall reimburse a State that enters into a cooperative agreement under subparagraph (A) in an amount that equals 90 percent of the costs incurred by the State under such agreement. ``(ii) A State shall be fully reimbursed by the Secretary for-- ``(I) training approved by the Secretary for State staff operating under a cooperative agreement; and ``(II) specified out-of-State travel expenses incurred by such staff. ``(iii) A reimbursement paid to a State under this subparagraph shall be limited to costs incurred by such State for the provision of consultation services under this paragraph and the costs described in clause (ii).''. SEC. 5. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS. Section 17 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666) is amended-- (1) in subsection (c), by striking ``up to $7,000'' and inserting ``not more than $25''; (2) in subsection (i), to read as follows: ``(i) Any employer who violates any of the posting or recordkeeping requirements prescribed under this Act shall not be assessed a civil penalty for such violation unless it is determined that the employer has violated subsection (a) or (d) with respect to such posting or recordkeeping requirements.''; and (3) in subsection (h), to read as follows: ``(h) Notwithstanding any other provision of law, the Secretary shall not assess a civil penalty, which is authorized under this section, for more than one instance of a violation of any applicable regulation, rule, order, or regulation prescribed under the provisions of this Act.''. SEC. 6. WARNINGS IN LIEU OF CITATIONS. Subsection (a) of section 9 of the Occupational Safety and Health Act (29 U.S.C. 658(a)) is amended to read as follows: ``(a)(1) Except as provided in paragraph (2), if, upon inspection or investigation, the Secretary or an authorized representative of the Secretary believes that an employer has violated a requirement of section 5, of any regulation, rule, or order promulgated pursuant to section 6, or of any regulations prescribed pursuant to this Act, the Secretary may with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the Act, regulation, rule, or order alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation. ``(2) The Secretary or the authorized representative of the Secretary shall issue a warning in lieu of a citation with respect to-- ``(A) violations that have no significant relationship to employee safety or health; or ``(B) cases in which the employer in good faith acts promptly to abate the violation. ``(3) Nothing in this Act shall prohibit the Secretary or the authorized representative of the Secretary from providing technical assistance to an employer in correcting a violation discovered during an inspection or investigation under this Act.''.
summary: Occupational Safety and Health Amendments of 1995 - Amends the Occupational Safety and Health Act of 1970 to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Provides for risk assessment in standards making. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and its likelihood, in determining the priority for establishing standards dealing with such materials or agents. Requires publication of risk assessments for final standards and certification that such standards justify their costs or publication of reasons why such certification cannot be made. (Sec. 4) Directs the Secretary to enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions. (Sec. 5) Reduces penalties for nonserious violations. (Sec. 6) Provides for warnings in lieu of citations.