112 STAT. 638 PUBLIC LAW 105-197-JULY 16, 1998 Public Law 105-197 105th Congress July 16, 1998 [H.R. 2864] Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998. 29 USC 651 note. 29 USC 670. Contracts. Regulations. An Act To require the Secretary of Labor to establish a program under which employers may consult with State officials respecting compliance with occupational safety and health requirements. 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 "Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998". SEC. 2. COMPLIANCE ASSISTANCE PROGRAM. Section 21 of the Occupational Safety and Health Act of 1970 is amended by adding at the end the following new subsection: "(d)(1) The Secretary shall establish and support cooperative agreements with the States under which employers subject to this Act may consult with State personnel with respect to— "(A) the application of occupational safety and health requirements under this Act or under State plans approved under section 18; and "(B) voluntary efforts that employers may undertake to establish and maintain safe and healthful employment and places of employment. Such agreements may provide, as a condition of receiving funds under such agreements, for contributions by States towards meeting the costs of such agreements. "(2) Pursuant to such agreements the State shall provide onsite consultation at the employer's worksite to employers who request such assistance. The State may also provide other education and training programs for employers and employees in the State. The State shall ensure that on-site consultations conducted pursuant to such agreements include provision for the participation by employees. "(3) Activities under this subsection shall be conducted independently of any enforcement activity. If an employer fails to take immediate action to eliminate employee exposure to an imminent danger identified in a consultation or fails to correct a serious hazard so identified within a reasonable time, a report shall be made to the appropriate enforcement authority for such action as is appropriate. "(4) The Secretary shall, by regulation after notice and opportunity for comment, establish rules under which an employer— "(A) which requests and undergoes an on-site consultative visit provided under this subsection;
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