Bill Would Make Voluntary Protection Program Permanent

A popular workplace safety initiative was shown support on Wednesday when lawmakers in both the House and Senate introduced bipartisan legislation to make it permanent. The Voluntary Protection Program (VPP) Act (H.R. 1511, S. 807) would codify the current program, authorize the grant of funds to enable it to continue, and extend its availability to small businesses.

To participate in the VPP, employers submit applications to the Occupational Safety and Health Administration (OSHA) and undergo a stringent safety assessment of their work site and safety and health management programs. If the facility meets the required safety and health standards and is approved to participate in this cooperative program, the employer is exempt from OSHA programmed inspections, investigations and certain paperwork requirements. This exemption does not apply to investigations or inspections resulting from employee complaints, fatalities, catastrophes, or significant toxic spills/releases. OSHA onsite evaluations would be conducted to ensure a high level of protection of employees, however, these onsite visits would not result in enforcement citations. Employers would also be subject to periodic reevaluations for continued participation in the program.

According to a press release issued by Senator Mike Enzi (R-WY), the lead sponsor of the bill in the Senate, since the VPP’s inception in 1982, it has grown to include more than 2,200 worksites and more than 921,000 employees. The release also cites a 2007 report noting that the program has saved the government more than $59 million by avoiding injuries, private sector VPP participants have saved more than $300 million over this period, and that on average, participating workplaces experience an illness and injury rate that is 50 percent below that maintained by other workplaces in their respective industries.

Many in the business community have expressed concern that OSHA is putting the VPP on the backburner by allegedly diverting the agency’s funds to enforcement instead of prevention efforts. The bill would authorize Congress to grant the agency “such sums as may be necessary” to maintain the program. In addition, the legislation would direct the Secretary of Labor to “establish and implement, by regulation, a program to increase participation by small businesses” in the VPP.

According to Senator Enzi, “the Voluntary Protection Programs have encouraged a culture of health and safety in the workplace that saved the government and private sector millions of dollars by avoiding injuries and illnesses.” Senator Mary Landrieu (D-LA), a co-sponsor of the bill, added that; “the VPP program is a great example of how the right public-private partnership can succeed in reducing accidents at work, but these partnerships are not a replacement for stricter mandatory workplace safety guidelines, especially in dangerous occupations. Rep. Tom Petri (R-WI), the lead sponsor of the bill in House, commented that “there are times when OSHA has to be heavy handed, but most employers want to run safe workplaces. There is a lot to be gained by having OSHA recognize employers who have demonstrated a commitment to workplace safety. When OSHA does that, it creates an incentive for other employers to follow suit - and that improves safety and saves money on enforcement costs at the same time.” Another sponsor of the bill, Rep. Gene Green (D-TX) stated that “the Voluntary Protection Program is one of the few programs that has achieved unified support from both union and non-unionized labor, small and large businesses, and government.”

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Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.