text: 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.''.
target: 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.
feat_title: Occupational Safety and Health Amendments of 1995