Union Calendar No. 463
119th CONGRESS 2d Session |
[Report No. 119–538]
To authorize the Department of Labor’s voluntary protection program.
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
March 3, 2026
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 10, 2025]
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,
This Act may be cited as the “Michael Enzi Voluntary Protection Program Act of 2025”.
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—
(b) Michael Enzi Voluntary Protection Program established.—
(1) ESTABLISHMENT.—
(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—
(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.
(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.
(c) Basic, no-Cost tiered safety and health management system challenge program.—
(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.
Union Calendar No. 463 | |||||
| |||||
[Report No. 119–538] | |||||
A BILL | |||||
To authorize the Department of Labor’s voluntary protection program. | |||||
March 3, 2026 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |