This Act establishes the Michael Enzi Voluntary Protection Program to recognize and exempt exemplary employers from programmed OSHA inspections in exchange for maintaining rigorous, verified workplace safety and health standards.
Diana Harshbarger
Representative
TN-1
The Michael Enzi Voluntary Protection Program Act establishes a new, free federal recognition program administered by the Secretary of Labor to honor employers who demonstrate exemplary commitment to workplace safety and health. Companies must implement robust safety systems to qualify for this recognition, which exempts them from programmed OSHA inspections. The Act mandates specific oversight, evaluation procedures, and a two-year timeline for the Secretary to finalize rules and transition existing voluntary programs.
This legislation, the Michael Enzi Voluntary Protection Program Act, creates a new federal recognition program run by the Secretary of Labor. Essentially, it’s a gold star system for companies that can prove they have top-tier workplace safety and health management systems. If an employer wants to join, they have to apply, show they have robust systems for hazard prevention and employee training, and agree to both annual self-evaluations and periodic government audits.
Here’s the part that matters most: once a company is approved, their worksites are exempt from programmed OSHA inspections while they remain in the program (SEC. 2, Perks and Costs). For a large manufacturer or a construction firm, this is a massive operational benefit—it means fewer interruptions from routine government checks. In exchange for this inspection holiday, the company must open its doors for the program’s evaluations. These evaluations are a deep dive into the company's safety culture and systems, conducted by special government employees under OSHA supervision.
For employees, the promise is a safer workplace, backed by a government stamp of approval. But there’s a critical detail in the fine print: if the VPP evaluation team finds a serious hazard or violation, they cannot issue a standard OSHA citation (SEC. 2, How the Program Works). Instead, the employer gets up to 90 days—or as soon as possible—to fix the problem. This means that while a serious hazard must be corrected, the immediate penalty or public record associated with a citation is waived. If you’re a worker, you want hazards fixed, but you might also wonder if removing the threat of a citation reduces the urgency or accountability for fixing them immediately.
While the program is free for employers to join, the bill mandates a specific funding mechanism that impacts every other workplace. The Secretary of Labor must dedicate at least 5 percent of the funds appropriated to OSHA every year to run this new VPP program (SEC. 2, Funding). OSHA’s budget covers everything from enforcing safety standards at dangerous sites to providing consultation services for small businesses. Diverting a mandatory 5% to a program that only benefits the highest-performing companies could potentially strain the resources available for routine enforcement and inspections at the millions of workplaces that don't qualify for VPP status. It’s a classic trade-off: incentivizing the best versus ensuring minimum compliance everywhere else.
The bill also requires OSHA to get with the times. The Secretary has two years to develop a written plan to modernize the technology used for the program—think updated software for applications, self-evaluations, and audit reporting. This is a necessary step, ensuring the program doesn’t rely on outdated systems. Furthermore, any existing voluntary protection programs already run by OSHA must be transitioned smoothly into this new Michael Enzi structure, ensuring continuity for companies already participating in the current system.