I

103D CONGRESS

1ST SESSION H. R. 3458

To amend the Occupational Safety and Health Act of 1970 to apply its

provisions to the House of Representatives and instrumentalities of Congress.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 8, 1993

Mr. FAWELL introduced the following bill; which was referred jointly to the

Committees on Education and Labor and House Administration

A BILL

To amend the Occupational Safety and Health Act of 1970

to apply its provisions to the House of Representatives

and instrumentalities of Congress.

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 ‘‘Congressional Safety

5 and Health Act of 1993’’.

6 SEC. 2. COVERAGE OF THE HOUSE OF REPRESENTATIVES.

7 The Occupational Safety and Health Act of 1970 (29

8 U.S.C. 668) is amended by redesignating sections 20

9 through 34 as sections 21 through 35, respectively, and

10 by adding after section 19 the following:
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1 ‘‘COVERAGE OF THE HOUSE OF

2 REPRESENTATIVES

3 ‘‘SEC. 20. (a) Each employing authority and instru4 mentality of Congress shall comply with section 5, with

5 the occupational safety and health standards issued under

6 section 6, and with the requirements and regulations is7 sued under section 8.

8 ‘‘(b) The Secretary shall conduct random inspections

9 of places of employment under the jurisdiction or control

10 of employing authorities and the instrumentalities of Con11 gress. Such inspections shall be conducted at least once

12 during each Congress. The Secretary shall also respond

13 to any request that meets the conditions of section 8(f).

14 Such inspections shall identify each condition which the

15 Secretary believes is a violation of a requirement under

16 section 5, of an occupational safety and health standard

17 issued under section 6, or of a regulation issued under

18 section 8. Upon completion of such inspection, the Sec19 retary shall report all such conditions to the Director of

20 Non-Legislative and Financial Services of the House of

21 Representatives.

22 ‘‘(c) The Director of Non-Legislative and Financial

23 Services of the House of Representatives, shall, as soon

24 after the receipt of a report under subsection (b) as is

25 practicable, appoint a special counsel to seek abatement
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1 of any conditions identified in such report as not in com2 pliance with the requirements of section 5, 6, or 8 and

3 to assess appropriate penalties against the employing au4 thority or instrumentality of Congress for noncompliance

5 with such requirements. Section 17 shall apply in any en6 forcement procedures brought under this subsection.

7 ‘‘(d) Any employing authority or instrumentality of

8 Congress which is assessed a penalty under subsection (c)

9 may appeal the assessment to the Office of Fair Employ10 ment Practices which shall afford an opportunity for a

11 hearing and shall thereafter issue a decision based on find12 ings of fact which affirms, modifies, or vacates the actions

13 of the special counsel appointed under subsection (c). Any

14 person adversely affected or aggrieved by the decision of

15 the Office of Fair Employment Practices may obtain re16 view of such decision by the United States Court of Ap17 peals for the circuit in which such violation is alleged to

18 have occurred or by the Court of Appeals for the District

19 of Columbia Circuit under the standards and conditions

20 for review of orders by the Commission in section 11.

21 ‘‘(e)(1) No person shall discharge or in any manner

22 discriminate against any employee because such employee

23 has filed any complaint or instituted or caused to be insti24 tuted under or related to this section or has testified or

25 is about to testify in any such proceeding or because of
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1 the exercise by such employee on behalf of such employee

2 or others of any right afforded by this section.

3 ‘‘(2) Any employee who believes that such employee

4 has been discharged or otherwise discriminated against by

5 any such person in violation of paragraph (1) may, within

6 30 days after such violation occurs, file a complaint with

7 the Director of Non-Legislative and Financial Services.

8 Upon receipt of such complaint the Director shall cause

9 such investigation to be made as the Director deems ap10 propriate. If upon such investigation, the Director deter11 mines that paragraph (1) has been violated, the Director

12 shall bring an action in any appropriate United States dis13 trict court against such person. In any such action the

14 United States district courts shall have jurisdiction for

15 cause shown to restrain violations of paragraph (1) and

16 order all appropriate relief, including rehiring or reinstate17 ment of the employee to the employee’s former position

18 with back pay.

19 ‘‘(3) Within 90 days of the receipt of a complaint

20 filed under paragraph (2), the Director, shall notify the

21 complainant of the Director’s determination under para22 graph (2).

23 ‘‘(f) For purposes of this section—

24 ‘‘(1) the term ‘employing authority’ has the

25 meaning given such term in the Fair Employment
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1 Practices Resolution (House Resolution 558 of the

2 One Hundredth Congress, as adopted October 4,

3 1988, and incorporated into rule LI of the Rules of

4 the House of Representatives of the One Hundred

5 and Second Congress); and

6 ‘‘(2) the term ‘instrumentalities of the Con7 gress’ includes the Architect of the Capitol, the Li8 brary of Congress, the Congressional Budget Office,

9 the General Accounting Office, the Government

10 Printing Office, the Office of Technology Assess11 ment, and the United States Botanic Garden.’’.

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