I 

111TH CONGRESS 

1ST SESSION H. R. 2113 

To require the Secretary of Labor to prescribe regulations requiring employers 

with more than one establishment and not fewer than 500 employees 

to report work-related deaths, injuries, and illnesses. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2009 

Mr. HARE (for himself, Ms. WOOLSEY, Mr. GEORGE MILLER of California, 

Ms. LINDA T. SA ́NCHEZ of California, Mr. PAYNE, Mr. SABLAN, Mr. 

MICHAUD, Mr. BRALEY of Iowa, Mr. LOEBSACK, Ms. DELAURO, Ms. 

SUTTON, Ms. SHEA-PORTER, Mr. HOLT, and Mr. BISHOP of New York) 

introduced the following bill; which was referred to the Committee on 

Education and Labor 

A BILL 

To require the Secretary of Labor to prescribe regulations 

requiring employers with more than one establishment 

and not fewer than 500 employees to report work-related 

deaths, injuries, and illnesses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Corporate Injury, Ill5 ness, and Fatality Reporting Act of 2009’’. 


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1 SEC. 2. REGULATIONS AND REPORTING. 

2 (a) REGULATIONS.—Not later than 12 months after 

3 the date of the enactment of this Act, pursuant to section 

4 8(c) of the Occupational Safety and Health Act of 1970 

5 (29 U.S.C. 657(c)), the Secretary of Labor shall prescribe 

6 regulations requiring large employers, for each establish7 ment of each such employer, to maintain accurate records 

8 of, and to make periodic and certified reports, not less 

9 than annually, to the Secretary of Labor on— 

10 (1) the numbers and rates of work-related 

11 deaths, injuries, and illnesses (as such terms are de12 fined in section 1904 of title 29 Code of Federal 

13 Regulations (as in effect on the date of the enact14 ment of this Act)); and 

15 (2) compliance data, including— 

16 (A) the inspection number of each inspec17 tion conducted by the Secretary under section 8 

18 of the Occupational Safety and Health Act of 

19 1970 (29 U.S.C. 657) or a State pursuant to 

20 a State plan approved under section 18(c) of 

21 such Act (29 U.S.C. 667(c)); 

22 (B) the opening date of such inspection; 

23 and 

24 (C) the total number of violations and any 

25 citations issued as a result of such violations 


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1 under such Act by the Secretary or State fol2 lowing such inspection. 

3 (b) IDENTIFICATION OF EACH ESTABLISHMENT.— 

4 The regulations described in subsection (a) shall require 

5 each large employer to identify on all records and re6 ports— 

7 (1) each establishment of such large employer; 

8 and 

9 (2) whether an establishment has been ac10 quired, sold, or transferred since the last report filed 

11 under subsection (a) by the large employer of such 

12 establishment. 

13 (c) REPORTING.—Not later than 6 months after the 

14 deadline of the submission of the reports described in sub15 section (a), pursuant to section 8(g)(1), the Secretary of 

16 Labor shall post all such reports on the Department of 

17 Labor website. 

18 SEC. 3. ENFORCEMENT. 

19 Notwithstanding the provisions of section 18(e) of the 

20 Occupational Safety and Health Act of 1970 (29 U.S.C. 

21 667(e)), the Secretary shall issue citations pursuant to 

22 section 9 of such Act (29 U.S.C. 658) to any large em23 ployer, including such large employers with establishments 

24 in States with an approved State plan under section 18(c) 


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1 of such Act (29 U.S.C. 667(c)), for violations of any of 

2 the reporting requirements described in section 2. 

3 SEC. 4. DEFINITIONS. 

4 In this Act: 

5 (1) CONSTRUCTION INDUSTRY.—The term 

6 ‘‘construction industry’’ means the industry identi7 fied by the 2007 North American Industry Classi8 fication System Code as industry code 23 (as pub9 lished by the Bureau of the Census). 

10 (2) EMPLOYEE.—The term ‘‘employee’’ has the 

11 meaning given such term in section 3 of the Occupa12 tional Safety and Health Act of 1970 (29 U.S.C. 

13 651). 

14 (3) EMPLOYER.—The term ‘‘employer’’ has the 

15 meaning given such term in section 3 of the Occupa16 tional Safety and Health Act of 1970 (29 U.S.C. 

17 651), except that such term does not include an em18 ployer in the construction industry. 

19 (4) ESTABLISHMENT.—The term ‘‘establish20 ment’’— 

21 (A) has the meaning given such term in 

22 section 1904.46 of title 29 Code of Federal 

23 Regulations (as in effect on the date of the en24 actment of this Act), except that such term 

25 does not include an establishment with fewer 


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1 than 10 employees or that is in the construction 

2 industry; or 

3 (B) means a subsidiary corporation, except 

4 that such term does not include a subsidiary 

5 corporation in the construction industry, and 

6 each of its establishments (as defined in sub7 paragraph A) and subsidiary corporations that 

8 are not in the construction industry. 

9 (5) INSPECTION NUMBER.—The term ‘‘inspec10 tion number’’ means the number the Secretary or 

11 other authorized individual assigns to an inspection 

12 conducted under section 8 of the Occupational Safe13 ty and Health Act of 1970 (29 U.S.C. 657) or sec14 tion 18 of such Act (29 U.S.C. 667). 

15 (6) LARGE EMPLOYER.—The term ‘‘large em16 ployer’’ means an employer that— 

17 (A) employs not fewer than 500 employees; 

18 and 

19 (B) owns and controls more than 1 estab20 lishment. 

21 (7) OPENING DATE.—The term ‘‘opening date’’ 

22 means the first date of an inspection conducted 

23 under section 8 of the Occupational Safety and 

24 Health Act of 1970 (29 U.S.C. 657) or section 18 

25 of such Act (29 U.S.C. 667). 


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1 (8) SUBSIDIARY CORPORATION.—The term 

2 ‘‘subsidiary corporation’’ means a corporation where 

3 another corporation (such as a large employer) owns 

4 all, or more than 50 percent, of the stock of such 

5 corporation. 

Æ 


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