New Bill Proposes 'Voluntary Protection Program' Trading OSHA Inspections for Employer Self-Checks

A new piece of legislation, the "Michael Enzi Voluntary Protection Program Act," aims to formally establish a program under the Department of Labor recognizing employers who go above and beyond basic safety requirements. Essentially, companies with robust safety and health management systems—covering things like hazard assessment, prevention measures, employee involvement, and training—could apply to join this voluntary program.

Trading Inspections for Trust?

The core idea here is a trade-off. Employers accepted into the Michael Enzi Voluntary Protection Program (VPP) would commit to conducting annual self-evaluations of their safety protocols and making this information readily available to both the Department of Labor and their own employees. In exchange for this voluntary commitment and demonstrated safety excellence, Section 2 of the bill states these participating worksites would be exempt from programmed inspections typically conducted under the Occupational Safety and Health Act of 1970 (OSHA). This doesn't mean zero oversight; the bill requires the Secretary of Labor's representatives to perform on-site evaluations to verify protections, though these evaluations specifically cannot result in standard OSHA citations. However, if serious hazards are found during these VPP evaluations, the employer must correct them within 90 days or sooner.

Oversight and Operations

Who conducts these on-site evaluations? The bill specifies they will be directly supervised by OSHA employees but carried out by "special Government employees" (a term defined in federal code, often referring to temporary or intermittent government personnel). The Assistant Secretary for OSHA is tasked with developing clear policies for follow-up actions, especially after serious incidents, and establishing performance metrics for the program itself. Furthermore, the bill mandates a tech upgrade: within two years, the Secretary must create a plan to modernize the VPP's administration, improving processes like applications and reporting. A tiered "challenge program" is also mentioned as a tool for evaluating safety systems, explicitly stating participation must be free for employers.

Funding and Rollout

Setting up and running this program isn't free. The legislation requires that at least 5% of OSHA's annual funds be dedicated to carrying out this Act. Importantly, employers cannot be charged a fee to participate in the VPP or the challenge program. The bill gives the Secretary of Labor two years to issue final regulations and get the program running. It also includes provisions to ensure a smooth transition for employers currently participating in any existing voluntary protection initiatives, allowing them to continue under the new formalized structure.