II 

113TH CONGRESS 

1ST SESSION S. 665 

To amend the Occupational Safety and Health Act of 1970 to expand coverage under the Act, to increase protections for whistleblowers, to increase penalties for high gravity violations, to adjust penalties for inflation, to provide rights for victims or their family members, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2013 

Mrs. MURRAY (for herself, Mr. BROWN, Mr. FRANKEN, Mr. HARKIN, Mr. 

LAUTENBERG, Mr. ROCKEFELLER, Mrs. SHAHEEN, Mr. WHITEHOUSE, 

Mr. CASEY, Ms. WARREN, and Mr. CARDIN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Occupational Safety and Health Act of 1970 

to expand coverage under the Act, to increase protections 

for whistleblowers, to increase penalties for high gravity 

violations, to adjust penalties for inflation, to provide 

rights for victims or their family members, and for other 

purposes. 

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

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Protecting America’s Workers Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

TITLE I—COVERAGE OF PUBLIC EMPLOYEES AND APPLICATION 

OF ACT 

Sec. 101. Coverage of public employees. 

Sec. 102. Application of Act. 

TITLE II—INCREASING WHISTLEBLOWER PROTECTIONS 

Sec. 201. Enhanced protections from retaliation. 

TITLE III—IMPROVING REPORTING, INSPECTION, AND 

ENFORCEMENT 

Sec. 301. Employer duties. 

Sec. 302. Recording and reporting of occupational injuries and illnesses. 

Sec. 303. Posting of employee rights. 

Sec. 304. Employer reporting of work-related deaths and hospitalizations and 

prohibition on discouraging employee reports of injury or illness. 

Sec. 305. No loss of employee pay for inspections. 

Sec. 306. Investigations of fatalities and significant incidents. 

Sec. 307. Prohibition on unclassified citations. 

Sec. 308. Victims’ rights. 

Sec. 309. Right to contest citations and penalties. 

Sec. 310. Correction of serious, willful, or repeated violations pending contest 

and procedures for a stay. 

Sec. 311. Conforming amendments. 

Sec. 312. Civil penalties. 

Sec. 313. Criminal penalties. 

Sec. 314. Prejudgment interest. 

TITLE IV—STATE PLANS 

Sec. 401. Concurrent enforcement authority and review of State occupational 

safety and health plans. 

TITLE V—NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY 

AND HEALTH 

Sec. 501. Health Hazard Evaluations by the National Institute for Occupational Safety and Health. 

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TITLE VI—EFFECTIVE DATE 

Sec. 601. Effective date. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Occupational Safety and 

7 Health Act of 1970 (29 U.S.C. 651 et seq.). 

8 TITLE I—COVERAGE OF PUBLIC 

9 EMPLOYEES AND APPLICA10 TION OF ACT 

11 SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 

12 (a) IN GENERAL.—Section 3(5) (29 U.S.C. 652(5)) 

13 is amended by striking ‘‘but does not include’’ and all that 

14 follows through the period at the end and inserting ‘‘in15 cluding the United States, a State, or a political subdivi16 sion of a State.’’. 

17 (b) CONSTRUCTION.—Nothing in this Act shall be 

18 construed to affect the application of section 18 of the Oc19 cupational Safety and Health Act of 1970 (29 U.S.C. 

20 667). 

21 SEC. 102. APPLICATION OF ACT. 

22 Section 4(b) (29 U.S.C. 653(b)(1)) is amended— 

23 (1) by redesignating paragraphs (2), (3), and 

24 (4) as paragraphs (5), (6), and (7), respectively; and 

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1 (2) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) If a Federal agency has promulgated and is en4 forcing a standard or regulation affecting occupational 

5 safety or health of some or all of the employees within 

6 that agency’s regulatory jurisdiction, and the Secretary 

7 determines that such a standard or regulation as promul8 gated and the manner in which the standard or regulation 

9 is being enforced provides protection to those employees 

10 that is at least as effective as the protection provided to 

11 those employees by this Act and the Secretary’s enforce12 ment of this Act, the Secretary may publish a certification 

13 notice in the Federal Register. The notice shall set forth 

14 that determination and the reasons for the determination 

15 and certify that the Secretary has ceded jurisdiction to 

16 that Federal agency with respect to the specified standard 

17 or regulation affecting occupational safety or health. In 

18 determining whether to cede jurisdiction to a Federal 

19 agency, the Secretary shall seek to avoid duplication of, 

20 and conflicts between, health and safety requirements. 

21 Such certification shall remain in effect unless and until 

22 rescinded by the Secretary. 

23 ‘‘(2) The Secretary shall, by regulation, establish pro24 cedures by which any person who may be adversely af25 fected by a decision of the Secretary certifying that the 

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1 Secretary has ceded jurisdiction to another Federal agency 

2 pursuant to paragraph (1) may petition the Secretary to 

3 rescind a certification notice under paragraph (1). Upon 

4 receipt of such a petition, the Secretary shall investigate 

5 the matter involved and shall, within 90 days after receipt 

6 of the petition, publish a decision with respect to the peti7 tion in the Federal Register. 

8 ‘‘(3) Any person who may be adversely affected by— 

9 ‘‘(A) a decision of the Secretary certifying that 

10 the Secretary has ceded jurisdiction to another Fed11 eral agency pursuant to paragraph (1); or 

12 ‘‘(B) a decision of the Secretary denying a peti13 tion to rescind such a certification notice under 

14 paragraph (1), 

15 may, not later than 60 days after such decision is pub16 lished in the Federal Register, file a petition challenging 

17 such decision with the United States court of appeals for 

18 the circuit in which such person resides or such person 

19 has a principal place of business, for judicial review of 

20 such decision. A copy of the petition shall be forthwith 

21 transmitted by the clerk of the court to the Secretary. The 

22 Secretary’s decision shall be set aside if found to be arbi23 trary, capricious, an abuse of discretion, or otherwise not 

24 in accordance with law. 

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1 ‘‘(4) Nothing in this Act shall apply to working condi2 tions covered by the Federal Mine Safety and Health Act 

3 of 1977 (30 U.S.C. 801 et seq.).’’. 

4 TITLE II—INCREASING 

5 WHISTLEBLOWER PROTECTIONS 

6 SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION. 

7 (a) EMPLOYEE ACTIONS.—Section 11(c)(1) (29 

8 U.S.C. 660(c)(1)) is amended— 

9 (1) by striking ‘‘discharge’’ and all that follows 

10 through ‘‘because such’’ and inserting the following: 

11 ‘‘discharge or cause to be discharged, or in any man12 ner discriminate against or cause to be discriminated 

13 against, any employee because— 

14 ‘‘(A) such’’; 

15 (2) by striking ‘‘this Act or has’’ and inserting 

16 the following: ‘‘this Act; 

17 ‘‘(B) such employee has’’; 

18 (3) by striking ‘‘in any such proceeding or be19 cause of the exercise’’ and inserting the following: 

20 ‘‘before Congress or in any Federal or State pro21 ceeding related to safety or health; 

22 ‘‘(C) such employee has refused to violate any 

23 provision of this Act; or 

24 ‘‘(D) of the exercise’’; and 

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1 (4) by inserting before the period at the end the 

2 following: ‘‘, including the reporting of any injury, 

3 illness, or unsafe condition to the employer, agent of 

4 the employer, safety and health committee involved, 

5 or employee safety and health representative in6 volved’’. 

7 (b) PROHIBITION OF RETALIATION.—Section 11(c) 

8 (29 U.S.C. 660(c)) is amended by striking paragraph (2) 

9 and inserting the following: 

10 ‘‘(2) PROHIBITION OF RETALIATION.—(A) No person 

11 shall discharge, or cause to be discharged, or in any man12 ner discriminate against, or cause to be discriminated 

13 against, an employee for refusing to perform the employ14 ee’s duties if the employee has a reasonable apprehension 

15 that performing such duties would result in serious injury 

16 to, or serious impairment of the health of, the employee 

17 or other employees. 

18 ‘‘(B) For purposes of subparagraph (A), the cir19 cumstances causing the employee’s good-faith belief that 

20 performing such duties would pose a safety or health haz21 ard shall be of such a nature that a reasonable person, 

22 under the circumstances confronting the employee, would 

23 conclude that there is such a hazard. In order to qualify 

24 for protection under this paragraph, the employee, when 

25 practicable, shall have communicated or attempted to commstockstill on DSK4VPTVN1PROD with BILLS

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1 municate the safety or health concern to the employer and 

2 have not received from the employer a response reasonably 

3 calculated to allay such concern.’’. 

4 (c) PROCEDURE.—Section 11(c) (29 U.S.C. 660(c)) 

5 is amended by striking paragraph (3) and inserting the 

6 following: 

7 ‘‘(3) COMPLAINT.—Any employee who believes 

8 that the employee has been discharged, disciplined, 

9 or otherwise discriminated against by any person in 

10 violation of paragraph (1) or (2) may seek relief for 

11 such violation by filing a complaint with the Sec12 retary under paragraph (5). 

13 ‘‘(4) STATUTE OF LIMITATIONS.— 

14 ‘‘(A) IN GENERAL.—An employee may take 

15 the action permitted by paragraph (3) not later 

16 than 180 days after the later of— 

17 ‘‘(i) the date on which an alleged vio18 lation of paragraph (1) or (2) occurs; or 

19 ‘‘(ii) the date on which the employee 

20 knows or should reasonably have known 

21 that such alleged violation occurred. 

22 ‘‘(B) REPEAT VIOLATION.—Except in 

23 cases when the employee has been discharged, 

24 a violation of paragraph (1) or (2) shall be conmstockstill on DSK4VPTVN1PROD with BILLS

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1 sidered to have occurred on the last date an al2 leged repeat violation occurred. 

3 ‘‘(5) INVESTIGATION.— 

4 ‘‘(A) IN GENERAL.—An employee may, 

5 within the time period required under para6 graph (4), file a complaint with the Secretary 

7 alleging a violation of paragraph (1) or (2). If 

8 the complaint alleges a prima facie case, the 

9 Secretary shall conduct an investigation of the 

10 allegations in the complaint, which— 

11 ‘‘(i) shall include— 

12 ‘‘(I) interviewing the complain13 ant; 

14 ‘‘(II) providing the respondent an 

15 opportunity to— 

16 ‘‘(aa) submit to the Sec17 retary a written response to the 

18 complaint; and 

19 ‘‘(bb) meet with the Sec20 retary to present statements from 

21 witnesses or provide evidence; 

22 and 

23 ‘‘(III) providing the complainant 

24 an opportunity to— 

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1 ‘‘(aa) receive any statements 

2 or evidence provided to the Sec3 retary; 

4 ‘‘(bb) meet with the Sec5 retary; and 

6 ‘‘(cc) rebut any statements 

7 or evidence; and 

8 ‘‘(ii) may include issuing subpoenas 

9 for the purposes of such investigation. 

10 ‘‘(B) DECISION.—Not later than 90 days 

11 after the filing of the complaint, the Secretary 

12 shall— 

13 ‘‘(i) determine whether reasonable 

14 cause exists to believe that a violation of 

15 paragraph (1) or (2) has occurred; and 

16 ‘‘(ii) issue a decision granting or de17 nying relief. 

18 ‘‘(6) PRELIMINARY ORDER FOLLOWING INVES19 TIGATION.—If, after completion of an investigation 

20 under paragraph (5)(A), the Secretary finds reason21 able cause to believe that a violation of paragraph 

22 (1) or (2) has occurred, the Secretary shall issue a 

23 preliminary order providing relief authorized under 

24 paragraph (14) at the same time the Secretary 

25 issues a decision under paragraph (5)(B). If a de 

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1 novo hearing is not requested within the time period 

2 required under paragraph (7)(A)(i), such prelimi3 nary order shall be deemed a final order of the Sec4 retary and is not subject to judicial review. 

5 ‘‘(7) HEARING.— 

6 ‘‘(A) REQUEST FOR HEARING.— 

7 ‘‘(i) IN GENERAL.—A de novo hearing 

8 on the record before an administrative law 

9 judge may be requested— 

10 ‘‘(I) by the complainant or re11 spondent within 30 days after receiv12 ing notification of a decision granting 

13 or denying relief issued under para14 graph (5)(B) or paragraph (6) respec15 tively; 

16 ‘‘(II) by the complainant within 

17 30 days after the date the complaint 

18 is dismissed without investigation by 

19 the Secretary under paragraph (5); or 

20 ‘‘(III) by the complainant within 

21 120 days after the date of filing the 

22 complaint, if the Secretary has not 

23 issued a decision under paragraph 

24 (5)(B). 

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1 ‘‘(ii) REINSTATEMENT ORDER.—The 

2 request for a hearing shall not operate to 

3 stay any preliminary reinstatement order 

4 issued under paragraph (6). 

5 ‘‘(B) PROCEDURES.— 

6 ‘‘(i) IN GENERAL.—A hearing re7 quested under this paragraph shall be con8 ducted expeditiously and in accordance 

9 with rules established by the Secretary for 

10 hearings conducted by administrative law 

11 judges. 

12 ‘‘(ii) SUBPOENAS; PRODUCTION OF

13 EVIDENCE.—In conducting any such hear14 ing, the administrative law judge may issue 

15 subpoenas. The respondent or complainant 

16 may request the issuance of subpoenas 

17 that require the deposition of, or the at18 tendance and testimony of, witnesses and 

19 the production of any evidence (including 

20 any books, papers, documents, or record21 ings) relating to the matter under consid22 eration. 

23 ‘‘(iii) DECISION.—The administrative 

24 law judge shall issue a decision not later 

25 than 90 days after the date on which a 

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1 hearing was requested under this para2 graph and promptly notify, in writing, the 

3 parties and the Secretary of such decision, 

4 including the findings of fact and conclu5 sions of law. If the administrative law 

6 judge finds that a violation of paragraph 

7 (1) or (2) has occurred, the judge shall 

8 issue an order for relief under paragraph 

9 (14). If review under paragraph (8) is not 

10 timely requested, such order shall be 

11 deemed a final order of the Secretary that 

12 is not subject to judicial review. 

13 ‘‘(8) ADMINISTRATIVE APPEAL.— 

14 ‘‘(A) IN GENERAL.—Not later than 30 

15 days after the date of notification of a decision 

16 and order issued by an administrative law judge 

17 under paragraph (7), the complainant or re18 spondent may file, with objections, an adminis19 trative appeal with an administrative review 

20 body designated by the Secretary (referred to in 

21 this paragraph as the ‘review board’). 

22 ‘‘(B) STANDARD OF REVIEW.—In review23 ing the decision and order of the administrative 

24 law judge, the review board shall affirm the de25 cision and order if it is determined that the facmstockstill on DSK4VPTVN1PROD with BILLS

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1 tual findings set forth therein are supported by 

2 substantial evidence and the decision and order 

3 are made in accordance with applicable law. 

4 ‘‘(C) DECISIONS.—If the review board 

5 grants an administrative appeal, the review 

6 board shall issue a final decision and order af7 firming or reversing, in whole or in part, the 

8 decision under review by not later than 90 days 

9 after receipt of the administrative appeal. If it 

10 is determined that a violation of paragraph (1) 

11 or (2) has occurred, the review board shall issue 

12 a final decision and order providing relief au13 thorized under paragraph (14). Such decision 

14 and order shall constitute final agency action 

15 with respect to the matter appealed. 

16 ‘‘(9) SETTLEMENT IN THE ADMINISTRATIVE

17 PROCESS.— 

18 ‘‘(A) IN GENERAL.—At any time before 

19 issuance of a final order, an investigation or 

20 proceeding under this subsection may be termi21 nated on the basis of a settlement agreement 

22 entered into by the parties. 

23 ‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 

24 Neither the Secretary, an administrative law 

25 judge, nor the review board conducting a hearmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing under this subsection shall accept a settle2 ment that contains conditions conflicting with 

3 the rights protected under this Act or that are 

4 contrary to public policy, including a restriction 

5 on a complainant’s right to future employment 

6 with employers other than the specific employ7 ers named in a complaint. 

8 ‘‘(10) INACTION BY THE REVIEW BOARD OR AD9 MINISTRATIVE LAW JUDGE.— 

10 ‘‘(A) IN GENERAL.—The complainant may 

11 bring a de novo action described in subpara12 graph (B) if— 

13 ‘‘(i) an administrative law judge has 

14 not issued a decision and order within the 

15 90-day time period required under para16 graph (7)(B)(iii); or 

17 ‘‘(ii) the review board has not issued 

18 a decision and order within the 90-day 

19 time period required under paragraph 

20 (8)(C). 

21 ‘‘(B) DE NOVO ACTION.—Such de novo ac22 tion may be brought at law or equity in the 

23 United States district court for the district 

24 where a violation of paragraph (1) or (2) alleg25 edly occurred or where the complainant resided 

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1 on the date of such alleged violation. The court 

2 shall have jurisdiction over such action without 

3 regard to the amount in controversy and to 

4 order appropriate relief under paragraph (14). 

5 Such action shall, at the request of either party 

6 to such action, be tried by the court with a 

7 jury. 

8 ‘‘(11) JUDICIAL REVIEW.— 

9 ‘‘(A) TIMELY APPEAL TO THE COURT OF

10 APPEALS.—Any party adversely affected or ag11 grieved by a final decision and order issued 

12 under this subsection may obtain review of such 

13 decision and order in the United States Court 

14 of Appeals for the circuit where the violation, 

15 with respect to which such final decision and 

16 order was issued, allegedly occurred or where 

17 the complainant resided on the date of such al18 leged violation. To obtain such review, a party 

19 shall file a petition for review not later than 60 

20 days after the final decision and order was 

21 issued. Such review shall conform to chapter 7 

22 of title 5, United States Code. The commence23 ment of proceedings under this subparagraph 

24 shall not, unless ordered by the court, operate 

25 as a stay of the final decision and order. 

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1 ‘‘(B) LIMITATION ON COLLATERAL AT2 TACK.—An order and decision with respect to 

3 which review may be obtained under subpara4 graph (A) shall not be subject to judicial review 

5 in any criminal or other civil proceeding. 

6 ‘‘(12) ENFORCEMENT OF ORDER.—If a re7 spondent fails to comply with an order issued under 

8 this subsection, the Secretary or the complainant on 

9 whose behalf the order was issued may file a civil ac10 tion for enforcement in the United States district 

11 court for the district in which the violation was 

12 found to occur to enforce such order. If both the 

13 Secretary and the complainant file such action, the 

14 action of the Secretary shall take precedence. The 

15 district court shall have jurisdiction to grant all ap16 propriate relief described in paragraph (14). 

17 ‘‘(13) BURDENS OF PROOF.— 

18 ‘‘(A) CRITERIA FOR DETERMINATION.—In 

19 making a determination or adjudicating a com20 plaint pursuant to this subsection, the Sec21 retary or an administrative law judge, review 

22 board, or court may determine that a violation 

23 of paragraph (1) or (2) has occurred only if the 

24 complainant demonstrates that any conduct de25 scribed in paragraph (1) or (2) with respect to 

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1 the complainant was a contributing factor in 

2 the adverse action alleged in the complaint. 

3 ‘‘(B) PROHIBITION.—Notwithstanding sub4 paragraph (A), a decision or order that is favor5 able to the complainant shall not be issued in 

6 any administrative or judicial action pursuant 

7 to this subsection if the respondent dem8 onstrates by clear and convincing evidence that 

9 the respondent would have taken the same ad10 verse action in the absence of such conduct. 

11 ‘‘(14) RELIEF.— 

12 ‘‘(A) ORDER FOR RELIEF.—If the Sec13 retary or an administrative law judge, review 

14 board, or court determines that a violation of 

15 paragraph (1) or (2) has occurred, the Sec16 retary, administrative law judge, review board, 

17 or court, respectively, shall have jurisdiction to 

18 order all appropriate relief, including injunctive 

19 relief, compensatory and exemplary damages, 

20 including— 

21 ‘‘(i) affirmative action to abate the 

22 violation; 

23 ‘‘(ii) reinstatement without loss of po24 sition or seniority, and restoration of the 

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1 sociated with the complainant’s employ2 ment, including opportunities for pro3 motions to positions with equivalent or bet4 ter compensation for which the complain5 ant is qualified; 

6 ‘‘(iii) compensatory and consequential 

7 damages sufficient to make the complain8 ant whole, (including back pay, prejudg9 ment interest, and other damages); and 

10 ‘‘(iv) expungement of all warnings, 

11 reprimands, or derogatory references that 

12 have been placed in paper or electronic 

13 records or databases of any type relating 

14 to the actions by the complainant that 

15 gave rise to the unfavorable personnel ac16 tion, and, at the complainant’s direction, 

17 transmission of a copy of the decision on 

18 the complaint to any person whom the 

19 complainant reasonably believes may have 

20 received such unfavorable information. 

21 ‘‘(B) ATTORNEYS’ FEES AND COSTS.—If 

22 the Secretary, administrative law judge, review 

23 board, or court grants an order for relief under 

24 subparagraph (A), the Secretary, administrative 

25 law judge, review board, or court, respectively, 

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1 shall assess, at the request of the employee 

2 against the employer— 

3 ‘‘(i) reasonable attorneys’ fees; and 

4 ‘‘(ii) costs (including expert witness 

5 fees) reasonably incurred, as determined 

6 by the Secretary, administrative law judge, 

7 review board, or court, respectively, in con8 nection with bringing the complaint upon 

9 which the order was issued. 

10 ‘‘(15) PROCEDURAL RIGHTS.—The rights and 

11 remedies provided for in this subsection may not be 

12 waived by any agreement, policy, form, or condition 

13 of employment, including by any pre-dispute arbitra14 tion agreement or collective bargaining agreement. 

15 ‘‘(16) SAVINGS.—Nothing in this subsection 

16 shall be construed to diminish the rights, privileges, 

17 or remedies of any employee who exercises rights 

18 under any Federal or State law or common law, or 

19 under any collective bargaining agreement. 

20 ‘‘(17) ELECTION OF VENUE.— 

21 ‘‘(A) IN GENERAL.—An employee of an 

22 employer who is located in a State that has a 

23 State plan approved under section 18 may file 

24 a complaint alleging a violation of paragraph 

25 (1) or (2) by such employer with— 

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1 ‘‘(i) the Secretary under paragraph 

2 (5); or 

3 ‘‘(ii) a State plan administrator in 

4 such State. 

5 ‘‘(B) REFERRALS.—If— 

6 ‘‘(i) the Secretary receives a complaint 

7 pursuant to subparagraph (A)(i), the Sec8 retary shall not refer such complaint to a 

9 State plan administrator for resolution; or 

10 ‘‘(ii) a State plan administrator re11 ceives a complaint pursuant to subpara12 graph (A)(ii), the State plan administrator 

13 shall not refer such complaint to the Sec14 retary for resolution.’’. 

15 (d) RELATION TO ENFORCEMENT.—Section 17(j) 

16 (29 U.S.C. 666(j)) is amended by inserting before the pe17 riod the following: ‘‘, including the history of violations 

18 under section 11(c)’’. 

19 TITLE III—IMPROVING REPORT20 ING, INSPECTION, AND EN21 FORCEMENT 

22 SEC. 301. EMPLOYER DUTIES. 

23 Section 5(a)(1) (29 U.S.C. 654(a)(1)) is amended to 

24 read as follows: 

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1 ‘‘(1) shall furnish employment and a place of 

2 employment which are free from recognized hazards 

3 that are causing or are likely to cause death or seri4 ous physical harm to each employee of the employer 

5 or any other individual performing work at the place 

6 of employment; and’’. 

7 SEC. 302. RECORDING AND REPORTING OF OCCUPATIONAL 

8 INJURIES AND ILLNESSES. 

9 Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended— 

10 (1) by striking ‘‘The Secretary,’’ and inserting 

11 ‘‘(A) The Secretary,’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(B) Not later than 180 days after the date of enact14 ment of the Protecting America’s Workers Act, the Sec15 retary shall revise the regulations in part 1904 of title 29, 

16 Code of Federal Regulations, concerning the recording 

17 and reporting of occupational injuries and illnesses under 

18 this Act, to require site-controlling employers to keep a 

19 site log for all recordable injuries and illnesses occurring 

20 among all employees on the particular site, including em21 ployees of the site-controlling employer or others who are 

22 performing work at the particular site (including inde23 pendent contractors). 

24 ‘‘(C) As used in this paragraph, the term ‘site-con25 trolling employer’ means the employer that has primary 

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1 control over a worksite at which employees of more than 

2 one employer work, such as by hiring or coordinating the 

3 work of other employers working at the site.’’. 

4 SEC. 303. POSTING OF EMPLOYEE RIGHTS. 

5 Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by 

6 adding at the end the following new sentence: ‘‘Such regu7 lations shall include provisions requiring employers to post 

8 for employees information on the protections afforded 

9 under section 11(c).’’. 

10 SEC. 304. EMPLOYER REPORTING OF WORK-RELATED 

11 DEATHS AND HOSPITALIZATIONS AND PROHI12 BITION ON DISCOURAGING EMPLOYEE RE13 PORTS OF INJURY OR ILLNESS. 

14 Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by 

15 adding at the end the following new sentences: ‘‘Such reg16 ulations shall require employers to promptly notify the 

17 Secretary of any work-related death or work-related injury 

18 or illness that results in the in-patient hospitalization of 

19 an employee for medical treatment. Such regulations shall 

20 also prohibit the employer from adopting or implementing 

21 policies or practices by the employer that have the effect 

22 of discouraging accurate recordkeeping and the reporting 

23 of work-related injuries or illnesses by any employee or 

24 in any manner discriminates or provides for adverse action 

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1 against any employee for reporting a work-related injury 

2 or illness.’’. 

3 SEC. 305. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS. 

4 Section 8(e) (29 U.S.C. 657(e)) is amended by insert5 ing after the first sentence the following: ‘‘Time spent by 

6 an employee participating in or aiding any such inspection 

7 shall be deemed to be hours worked and no employee shall 

8 suffer any loss of wages, benefits, or other terms and con9 ditions of employment for having participated in or aided 

10 any such inspection.’’. 

11 SEC. 306. INVESTIGATIONS OF FATALITIES AND SIGNIFI12 CANT INCIDENTS. 

13 Section 8 (29 U.S.C. 657) is amended by adding at 

14 the end the following new subsection: 

15 ‘‘(i) INVESTIGATION OF FATALITIES AND SERIOUS

16 INCIDENTS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall investigate 

18 any significant incident or an incident resulting in death 

19 that occurs in a place of employment. 

20 ‘‘(2) APPROPRIATE MEASURES.—If a significant inci21 dent or an incident resulting in death occurs in a place 

22 of employment, the employer shall promptly notify the 

23 Secretary of the incident involved and shall take appro24 priate measures to prevent the destruction or alteration 

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1 dent. The appropriate measures required by this para2 graph do not prevent an employer from taking action on 

3 a worksite to prevent injury to employees or substantial 

4 damage to property or to avoid disruption of essential 

5 services necessary to public safety. If an employer takes 

6 such action, the employer shall notify the Secretary of the 

7 action in a timely fashion. 

8 ‘‘(3) DEFINITIONS.—In this subsection: 

9 ‘‘(A) INCIDENT RESULTING IN DEATH.—The 

10 term ‘incident resulting in death’ means an incident 

11 that results in the death of an employee. 

12 ‘‘(B) SIGNIFICANT INCIDENT.—The term ‘sig13 nificant incident’ means an incident that results in 

14 the in-patient hospitalization of 2 or more employees 

15 for medical treatment.’’. 

16 SEC. 307. PROHIBITION ON UNCLASSIFIED CITATIONS. 

17 Section 9 (29 U.S.C. 658) is amended by adding at 

18 the end the following: 

19 ‘‘(d) No citation for a violation of this Act may be 

20 issued, modified, or settled under this section without a 

21 designation enumerated in section 17 with respect to such 

22 violation.’’. 

23 SEC. 308. VICTIMS’ RIGHTS. 

24 The Act is amended by inserting after section 9 (29 

25 U.S.C. 658) the following: 

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1 ‘‘SEC. 9A. VICTIMS’ RIGHTS. 

2 ‘‘(a) RIGHTS BEFORE THE SECRETARY.—A victim, 

3 or the representative of a victim, shall be afforded the 

4 right, with respect to an inspection or investigation con5 ducted under section 8, to— 

6 ‘‘(1) meet with the Secretary regarding the in7 spection or investigation conducted under such sec8 tion before the Secretary’s decision to issue a cita9 tion or take no action; 

10 ‘‘(2) receive, at no cost, a copy of any citation 

11 or report, issued as a result of such inspection or in12 vestigation, at the same time as the employer re13 ceives such citation or report; 

14 ‘‘(3) be informed of any notice of contest or ad15 dition of parties to the proceedings filed under sec16 tion 10(c); and 

17 ‘‘(4) be provided notification of the date and 

18 time or any proceedings, service of pleadings, and 

19 other relevant documents, and an explanation of the 

20 rights of the employer, employee and employee rep21 resentative, and victim to participate in proceedings 

22 conducted under section 10(c). 

23 ‘‘(b) RIGHTS BEFORE THE COMMISSION.—Upon re24 quest, a victim or representative of a victim shall be af25 forded the right with respect to a work-related bodily in26 jury or death to— 

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1 ‘‘(1) be notified of the time and date of any 

2 proceeding before the Commission; 

3 ‘‘(2) receive pleadings and any decisions relat4 ing to the proceedings; and 

5 ‘‘(3) be provided an opportunity to appear and 

6 make a statement in accordance with the rules pre7 scribed by the Commission. 

8 ‘‘(c) MODIFICATION OF CITATION.—Before entering 

9 into an agreement to withdraw or modify a citation issued 

10 as a result of an inspection or investigation of an incident 

11 under section 8, the Secretary shall notify a victim or rep12 resentative of a victim and provide the victim or represent13 ative of a victim with an opportunity to appear and make 

14 a statement before the parties conducting settlement nego15 tiations. In lieu of an appearance, the victim or represent16 ative of the victim may elect to submit a letter to the Sec17 retary and the parties. 

18 ‘‘(d) SECRETARY PROCEDURES.—The Secretary shall 

19 establish procedures— 

20 ‘‘(1) to inform victims of their rights under this 

21 section; and 

22 ‘‘(2) for the informal review of any claim of a 

23 denial of such a right. 

24 ‘‘(e) COMMISSION PROCEDURES AND CONSIDER25 ATIONS.—The Commission shall— 

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1 ‘‘(1) establish procedures relating to the rights 

2 of victims to be heard in proceedings before the 

3 Commission; and 

4 ‘‘(2) in rendering any decision, provide due con5 sideration to any statement or information provided 

6 by any victim before the Commission. 

7 ‘‘(f) FAMILY LIAISONS.—The Secretary shall des8 ignate at least 1 employee at each area office of the Occu9 pational Safety and Health Administration to serve as a 

10 family liaison to— 

11 ‘‘(1) keep victims informed of the status of in12 vestigations, enforcement actions, and settlement ne13 gotiations; and 

14 ‘‘(2) assist victims in asserting their rights 

15 under this section. 

16 ‘‘(g) DEFINITION.—In this section, the term ‘victim’ 

17 means— 

18 ‘‘(1) an employee, including a former employee, 

19 who has sustained a work-related injury or illness 

20 that is the subject of an inspection or investigation 

21 conducted under section 8; or 

22 ‘‘(2) a family member (as further defined by 

23 the Secretary) of a victim described in paragraph 

24 (1), if— 

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1 ‘‘(A) the victim dies as a result of a inci2 dent that is the subject of an inspection or in3 vestigation conducted under section 8; or 

4 ‘‘(B) the victim sustains a work-related in5 jury or illness that is the subject of an inspec6 tion or investigation conducted under section 8, 

7 and the victim because of incapacity cannot rea8 sonably exercise the rights under this section.’’. 

9 SEC. 309. RIGHT TO CONTEST CITATIONS AND PENALTIES. 

10 Section 10(c) (29 U.S.C. 659(c)) is amended— 

11 (1) in the first sentence— 

12 (A) by inserting after ‘‘that he intends to 

13 contest a citation issued under section (9)(a)’’ 

14 the following: ‘‘(or a modification of a citation 

15 issued under this section)’’; 

16 (B) by inserting after ‘‘the issuance of a 

17 citation under section 9(a)’’ the following: ‘‘(in18 cluding a modification of a citation issued 

19 under this section)’’; and 

20 (C) by inserting after ‘‘files a notice with 

21 the Secretary alleging’’ the following: ‘‘that the 

22 citation fails properly to designate the violation 

23 as serious, willful, or repeated, that the pro24 posed penalty is not adequate, or’’; 

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1 (2) by inserting after the first sentence, the fol2 lowing: ‘‘The pendency of a contest before the Com3 mission shall not bar the Secretary from inspecting 

4 a place of employment or from issuing a citation 

5 under section 9.’’; and 

6 (3) by amending the last sentence— 

7 (A) by inserting ‘‘employers and’’ after 

8 ‘‘Commission shall provide’’; and 

9 (B) by inserting before the period at the 

10 end ‘‘, and notification of any modification of a 

11 citation’’. 

12 SEC. 310. CORRECTION OF SERIOUS, WILLFUL, OR RE13 PEATED VIOLATIONS PENDING CONTEST AND 

14 PROCEDURES FOR A STAY. 

15 Section 10 (29 U.S.C. 659) is amended by adding 

16 at the end the following: 

17 ‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE18 PEATED VIOLATIONS PENDING CONTEST AND PROCE19 DURES FOR A STAY.— 

20 ‘‘(1) PERIOD PERMITTED FOR CORRECTION OF

21 SERIOUS, WILLFUL, OR REPEATED VIOLATIONS.— 

22 For each violation which the Secretary designates as 

23 serious, willful, or repeated, the period permitted for 

24 the correction of the violation shall begin to run 

25 upon receipt of the citation. 

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1 ‘‘(2) FILING OF A MOTION OF CONTEST.—The 

2 filing of a notice of contest by an employer— 

3 ‘‘(A) shall not operate as a stay of the pe4 riod for correction of a violation designated as 

5 serious, willful, or repeated; and 

6 ‘‘(B) may operate as a stay of the period 

7 for correction of a violation not designated by 

8 the Secretary as serious, willful, or repeated. 

9 ‘‘(3) CRITERIA AND RULES OF PROCEDURE FOR

10 STAYS.— 

11 ‘‘(A) MOTION FOR A STAY.—An employer 

12 that receives a citation alleging a violation des13 ignated as serious, willful, or repeated and that 

14 files a notice of contest to the citation asserting 

15 that the time set for abatement of the alleged 

16 violation is unreasonable or challenging the ex17 istence of the alleged violation may file with the 

18 Commission a motion to stay the period for the 

19 abatement of the violation. 

20 ‘‘(B) CRITERIA.—In determining whether 

21 a stay should be issued on the basis of a motion 

22 filed under subparagraph (A), the Commission 

23 may grant a stay only if the employer has dem24 onstrated— 

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1 ‘‘(i) a substantial likelihood of success 

2 on the areas contested under subparagraph 

3 (A); and 

4 ‘‘(ii) that a stay will not adversely af5 fect the health and safety of workers. 

6 ‘‘(C) RULES OF PROCEDURE.—The Com7 mission shall develop rules of procedure for con8 ducting a hearing on a motion filed under sub9 paragraph (A) on an expedited basis. At a min10 imum, such rules shall provide: 

11 ‘‘(i) That a hearing before an admin12 istrative law judge shall occur not later 

13 than 15 days following the filing of the 

14 motion for a stay (unless extended at the 

15 request of the employer), and shall provide 

16 for a decision on the motion not later than 

17 15 days following the hearing (unless ex18 tended at the request of the employer). 

19 ‘‘(ii) That a decision of an administra20 tive law judge on a motion for stay is ren21 dered on a timely basis. 

22 ‘‘(iii) That if a party is aggrieved by 

23 a decision issued by an administrative law 

24 judge regarding the stay, such party has 

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1 mission not later than 5 days after receipt 

2 of the administrative law judge’s decision. 

3 Within 10 days after receipt of the objec4 tion, a Commissioner, if a quorum is seat5 ed pursuant to section 12(f), shall decide 

6 whether to grant review of the objection. 

7 If, within 10 days after receipt of the ob8 jection, no decision is made on whether to 

9 review the decision of the administrative 

10 law judge, the Commission declines to re11 view such decision, or no quorum is seated, 

12 the decision of the administrative law 

13 judge shall become a final order of the 

14 Commission. If the Commission grants re15 view of the objection, the Commission shall 

16 issue a decision regarding the stay not 

17 later than 30 days after receipt of the ob18 jection. If the Commission fails to issue 

19 such decision within 30 days, the decision 

20 of the administrative law judge shall be21 come a final order of the Commission. 

22 ‘‘(iv) For notification to employees or 

23 representatives of affected employees of re24 quests for such hearings and shall provide 

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1 fected employees an opportunity to partici2 pate as parties to such hearings.’’. 

3 SEC. 311. CONFORMING AMENDMENTS. 

4 (a) VIOLATIONS DESIGNATED AS SERIOUS, WILL5 FUL, OR REPEATED.—The first sentence of section 10(b) 

6 of the Act (29 U.S.C. 659(b)) is amended by inserting 

7 ‘‘, with the exception of violations designated as serious, 

8 willful, or repeated,’’ after ‘‘(which period shall not begin 

9 to run’’. 

10 (b) JUDICIAL REVIEW.—The first sentence of section 

11 11(a) (29 U.S.C. 660(a)) is amended— 

12 (1) by inserting ‘‘(or the failure of the Commis13 sion, including an administrative law judge, to make 

14 a timely decision on a request for a stay under sec15 tion 10(d))’’ after ‘‘an order of the Commission’’; 

16 (2) by striking ‘‘subsection (c)’’ and inserting 

17 ‘‘subsection (c) or (d)’’; and 

18 (3) by inserting ‘‘(or in the case of a petition 

19 from a final Commission order regarding a stay 

20 under section 10(d), 15 days)’’ after ‘‘sixty days’’. 

21 (c) FAILURE TO CORRECT VIOLATIONS.—Section 

22 17(d) (29 U.S.C. 666(d)) is amended to read as follows: 

23 ‘‘(d) Any employer who fails to correct a violation 

24 designated by the Secretary as serious, willful, or repeated 

25 and for which a citation has been issued under section 9(a) 

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1 within the period permitted for its correction (and a stay 

2 has not been issued by the Commission under section 

3 10(d)) may be assessed a civil penalty of not more than 

4 $7,000 for each day during which such failure or violation 

5 continues. Any employer who fails to correct any other vio6 lation for which a citation has been issued under section 

7 9(a) within the period permitted for its correction (which 

8 period shall not begin to run until the date of the final 

9 order of the Commission in the case of any review pro10 ceeding under section 10 initiated by the employer in good 

11 faith and not solely for delay of avoidance of penalties) 

12 may be assessed a civil penalty of not more than $7,000 

13 for each day during which such failure or violation con14 tinues.’’. 

15 SEC. 312. CIVIL PENALTIES. 

16 (a) IN GENERAL.—Section 17 (29 U.S.C. 666) is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘$70,000’’ and inserting 

20 ‘‘$120,000’’; 

21 (B) by striking ‘‘$5,000’’ and inserting 

22 ‘‘$8,000’’; and 

23 (C) by adding at the end the following: ‘‘In 

24 determining whether a violation is repeated, the 

25 Secretary or the Commission shall consider the 

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1 employer’s history of violations under this Act 

2 and under State occupational safety and health 

3 plans established under section 18. If such a 

4 willful or repeated violation caused or contrib5 uted to the death of an employee, such civil 

6 penalty amounts shall be increased to not more 

7 than $250,000 for each such violation, but not 

8 less than $50,000 for each such violation, ex9 cept that for an employer with 25 or fewer em10 ployees such penalty shall not be less than 

11 $25,000 for each such violation.’’; 

12 (2) in subsection (b)— 

13 (A) by striking ‘‘$7,000’’ and inserting 

14 ‘‘$12,000’’; and 

15 (B) by adding at the end the following: ‘‘If 

16 such a violation caused or contributed to the 

17 death of an employee, such civil penalty 

18 amounts shall be increased to not more than 

19 $50,000 for each such violation, but not less 

20 than $20,000 for each such violation, except 

21 that for an employer with 25 or fewer employ22 ees such penalty shall not be less than $10,000 

23 for each such violation.’’; 

24 (3) in subsection (c), by striking ‘‘$7,000’’ and 

25 inserting ‘‘$12,000’’; 

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1 (4) in subsection (d), as amended by section 

2 311(c), by striking ‘‘$7,000’’ each place it occurs 

3 and inserting ‘‘$12,000’’; 

4 (5) by redesignating subsections (e) through (i) 

5 and (j) through (l), as subsections (f) through (j) 

6 and (l) through (n), respectively; and 

7 (6) in subsection (j) (as so redesignated) by 

8 striking ‘‘$7,000’’ and inserting ‘‘$12,000’’. 

9 (b) INFLATION ADJUSTMENT.—Section 17 (29 

10 U.S.C. 666) is further amended by inserting after sub11 section (d) the following: 

12 ‘‘(e) Amounts provided under this section for civil 

13 penalties shall be adjusted by the Secretary at least once 

14 during each 4-year period beginning January 1, 2015, to 

15 account for the percentage increase or decrease in the 

16 Consumer Price Index for all urban consumers during 

17 such period.’’. 

18 SEC. 313. CRIMINAL PENALTIES. 

19 (a) IN GENERAL.—Section 17 (29 U.S.C. 666) (as 

20 amended by section 312) is further amended— 

21 (1) by amending subsection (f) (as redesignated 

22 by section 312) to read as follows: 

23 ‘‘(f)(1) Any employer who knowingly violates any 

24 standard, rule, or order promulgated under section 6 of 

25 this Act, or of any regulation prescribed under this Act, 

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1 and that violation caused or significantly contributed to 

2 the death of any employee, shall, upon conviction, be pun3 ished by a fine in accordance with title 18, United States 

4 Code, or by imprisonment for not more than 10 years, or 

5 both, except that if the conviction is for a violation com6 mitted after a first conviction of such person under this 

7 subsection or subsection (j), punishment shall be by a fine 

8 in accordance with title 18, United States Code, or by im9 prisonment for not more than 20 years, or by both. 

10 ‘‘(2) For the purpose of this subsection, the term ‘em11 ployer’ means, in addition to the definition contained in 

12 section 3 of this Act, any officer or director.’’; 

13 (2) by amending subsection (g) (as redesignated 

14 by section 312) to read as follows: 

15 ‘‘(g) Unless otherwise authorized by this Act, any 

16 person that knowingly gives, causes to give, or attempts 

17 to give or cause to give, advance notice of any inspection 

18 conducted under this Act with the intention of impeding, 

19 interfering with, or adversely affecting the results of such 

20 inspection, shall be fined under title 18, United States 

21 Code, imprisoned for not more than 5 years, or both.’’; 

22 (3) in subsection (h) (as redesignated by section 

23 312), by striking ‘‘fine of not more than $10,000, or 

24 by imprisonment for not more than six months,’’ 

25 and inserting ‘‘fine in accordance with title 18, 

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1 United States Code, or by imprisonment for not 

2 more than 5 years,’’; and 

3 (4) by inserting after subsection (j) (as redesig4 nated by section 312) the following: 

5 ‘‘(k)(1) Any employer who knowingly violates any 

6 standard, rule, or order promulgated under section 6, or 

7 any regulation prescribed under this Act, and that viola8 tion caused or significantly contributed to serious bodily 

9 harm to any employee but does not cause death to any 

10 employee, shall, upon conviction, be punished by a fine in 

11 accordance with title 18, United States Code, or by impris12 onment for not more than 5 years, or by both, except that 

13 if the conviction is for a violation committed after a first 

14 conviction of such person under this subsection or sub15 section (e), punishment shall be by a fine in accordance 

16 with title 18, United States Code, or by imprisonment for 

17 not more than 10 years, or by both. 

18 ‘‘(2) For the purpose of this subsection, the term ‘em19 ployer’ means, in addition to the definition contained in 

20 section 3 of this Act, any officer or director. 

21 ‘‘(3) For purposes of this subsection, the term ‘seri22 ous bodily harm’ means bodily injury or illness that in23 volves— 

24 ‘‘(A) a substantial risk of death; 

25 ‘‘(B) protracted unconsciousness; 

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1 ‘‘(C) protracted and obvious physical disfigure2 ment; or 

3 ‘‘(D) protracted loss or impairment, either tem4 porary or permanent, of the function of a bodily 

5 member, organ, or mental faculty.’’. 

6 (b) JURISDICTION FOR PROSECUTION UNDER STATE

7 AND LOCAL CRIMINAL LAWS.—Section 17 is further 

8 amended by adding at the end the following: 

9 ‘‘(o) Nothing in this Act shall preclude a State or 

10 local law enforcement agency from conducting criminal 

11 prosecutions in accordance with the laws of such State or 

12 locality.’’. 

13 SEC. 314. PREJUDGMENT INTEREST. 

14 Section 17(n) (29 U.S.C. 666(n)) (as redesignated by 

15 section 312) is amended by adding at the end the fol16 lowing: ‘‘Pre-final order interest on such penalties shall 

17 begin to accrue on the date the party contests a citation 

18 issued under this Act, and shall end upon the issuance 

19 of the final order. Such pre-final order interest shall be 

20 calculated at the current underpayment rate determined 

21 by the Secretary of the Treasury pursuant to section 6621 

22 of the Internal Revenue Code of 1986, and shall be com23 pounded daily. Post-final order interest shall begin to ac24 crue 30 days after the date a final order of the Commismstockstill on DSK4VPTVN1PROD with BILLS

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1 sion or the court is issued, and shall be charged at the 

2 rate of 8 percent per year.’’. 

3 TITLE IV—STATE PLANS 

4 SEC. 401. CONCURRENT ENFORCEMENT AUTHORITY AND 

5 REVIEW OF STATE OCCUPATIONAL SAFETY 

6 AND HEALTH PLANS. 

7 Section 18 (29 U.S.C. 668) is amended— 

8 (1) by amending subsection (f) to read as fol9 lows: 

10 ‘‘(f)(1) The Secretary shall, on the basis of reports 

11 submitted by the State agency and the Secretary’s own 

12 inspections, make a continuing evaluation of the manner 

13 in which each State that has a plan approved under this 

14 section is carrying out such plan. Such evaluation shall 

15 include an assessment of whether the State continues to 

16 meet the requirements of subsection (c) of this section and 

17 any other criteria or indices of effectiveness specified by 

18 the Secretary in regulations. Whenever the Secretary 

19 finds, on the basis of such evaluation, that in the adminis20 tration of the State plan there is a failure to comply sub21 stantially with any provision of the State plan (or any as22 surance contained therein), the Secretary shall make an 

23 initial determination of whether the failure is of such a 

24 nature that the plan should be withdrawn or whether the 

25 failure is of such a nature that the State should be given 

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1 the opportunity to remedy the deficiencies, and provide no2 tice of the Secretary’s findings and initial determination. 

3 ‘‘(2) If the Secretary makes an initial determination 

4 to reassert and exercise concurrent enforcement authority 

5 while the State is given an opportunity to remedy the defi6 ciencies, the Secretary shall afford the State an oppor7 tunity for a public hearing within 15 days of such request, 

8 provided that such request is made not later than 10 days 

9 after Secretary’s notice to the State. The Secretary shall 

10 review and consider the testimony, evidence, or written 

11 comments, and not later than 30 days following such hear12 ing, make a determination to affirm, reverse, or modify 

13 the Secretary’s initial determination to reassert and exer14 cise concurrent enforcement authority under sections 8, 9, 

15 10, 13, and 17 with respect to standards promulgated 

16 under section 6 and obligations under section 5(a). Fol17 lowing such a determination by the Secretary, or in the 

18 event that the State does not request a hearing within the 

19 time frame set forth in this paragraph, the Secretary may 

20 reassert and exercise such concurrent enforcement author21 ity, while a final determination is pending under para22 graph (3) or until the Secretary has determined that the 

23 State has remedied the deficiencies as provided under 

24 paragraph (4). Such determination shall be published in 

25 the Federal Register. The procedures set forth in submstockstill on DSK4VPTVN1PROD with BILLS

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1 section (g) shall not apply to a determination by the Sec2 retary to reassert and exercise such concurrent enforce3 ment authority. 

4 ‘‘(3) If the Secretary makes an initial determination 

5 that the plan should be withdrawn, the Secretary shall 

6 provide due notice and the opportunity for a hearing. If 

7 based on the evaluation, comments, and evidence, the Sec8 retary makes a final determination that there is a failure 

9 to comply substantially with any provision of the State 

10 plan (or any assurance contained therein), he shall notify 

11 the State agency of the withdrawal of approval of such 

12 plan and upon receipt of such notice such plan shall cease 

13 to be in effect, but the State may retain jurisdiction in 

14 any case commenced before the withdrawal of the plan in 

15 order to enforce standards under the plan whenever the 

16 issues involved do not relate to the reasons for the with17 drawal of the plan. 

18 ‘‘(4) If the Secretary makes a determination that the 

19 State should be provided the opportunity to remedy the 

20 deficiencies, the Secretary shall provide the State an op21 portunity to respond to the Secretary’s findings and the 

22 opportunity to remedy such deficiencies within a time pe23 riod established by the Secretary, not to exceed 1 year. 

24 The Secretary may extend and revise the time period to 

25 remedy such deficiencies, if the State’s legislature is not 

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1 in session during this 1-year time period, or if the State 

2 demonstrates that it is not feasible to correct the defi3 ciencies in the time period set by the Secretary, and the 

4 State has a plan to correct the deficiencies within a rea5 sonable time period. If the Secretary finds that the State 

6 agency has failed to remedy such deficiencies within the 

7 time period specified by the Secretary and that the State 

8 plan continues to fail to comply substantially with a provi9 sion of the State plan, the Secretary shall withdraw the 

10 State plan as provided for in paragraph (3).’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(i) Not later than 18 months after the date of enact14 ment of this subsection, and again 5 years thereafter, the 

15 Comptroller General shall complete and issue a review of 

16 the effectiveness of State plans to develop and enforce 

17 safety and health standards to determine if they are at 

18 least as effective as the Federal program and to evaluate 

19 whether the Secretary’s oversight of State plans is effec20 tive. The Comptroller General’s evaluation shall assess— 

21 ‘‘(1) the effectiveness of the Secretary’s over22 sight of State plans, including the indices of effec23 tiveness used by the Secretary; 

24 ‘‘(2) whether the Secretary’s investigations in 

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1 tration (CASPA) are adequate, whether significant 

2 policy issues have been identified by headquarters 

3 and corrective actions are fully implemented by each 

4 State; 

5 ‘‘(3) whether the formula for the distribution of 

6 funds described in section 23(g) to State programs 

7 is fair and adequate; and 

8 ‘‘(4) whether State plans are as effective as the 

9 Federal program in preventing occupational injuries, 

10 illnesses, and deaths, and investigating discrimina11 tion complaints, through an evaluation of at least 20 

12 percent of approved State plans, and which shall 

13 cover— 

14 ‘‘(A) enforcement effectiveness, including 

15 handling of fatalities, serious incidents and 

16 complaints, compliance with inspection proce17 dures, hazard recognition, verification of abate18 ment, violation classification, citation and pen19 alty issuance, including appropriate use of will20 ful and repeat citations, and employee involve21 ment; 

22 ‘‘(B) inspections, the number of pro23 grammed health and safety inspections at pri24 vate and public sector establishments, and 

25 whether the State targets the highest hazard 

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1 private sector worksites and facilities in that 

2 State; 

3 ‘‘(C) budget and staffing, including wheth4 er the State is providing adequate budget re5 sources to hire, train and retain sufficient num6 bers of qualified staff, including timely filling of 

7 vacancies; 

8 ‘‘(D) administrative review, including the 

9 quality of decisions, consistency with Federal 

10 precedence, transparency of proceedings, avail11 ability of decisions and records to the public, 

12 adequacy of State defense, and whether the 

13 State appropriately appeals adverse decisions; 

14 ‘‘(E) anti-discrimination, including whether 

15 discrimination complaints are processed in a 

16 timely manner, whether supervisors and inves17 tigators are properly trained to investigate dis18 crimination complaints, whether a case file re19 view indicates merit cases are properly identi20 fied consistent with Federal policy and proce21 dure, whether employees are notified of their 

22 rights, and whether there is an effective process 

23 for employees to appeal the dismissal of a com24 plaint; 

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1 ‘‘(F) program administration, including 

2 whether the State’s standards and policies are 

3 at least as effective as the Federal program and 

4 are updated in a timely manner, and whether 

5 National Emphasis Programs that are applica6 ble in such States are adopted and implemented 

7 in a manner that is at least as effective as the 

8 Federal program; 

9 ‘‘(G) whether the State plan satisfies the 

10 requirements for approval set forth in this sec11 tion and its implementing regulations; and 

12 ‘‘(H) other such factors identified by the 

13 Comptroller General, or as requested by the 

14 Committee on Education and the Workforce of 

15 the House of Representatives or the Committee 

16 on Health, Education, Labor, and Pensions of 

17 the Senate.’’. 

18 TITLE V—NATIONAL INSTITUTE 

19 FOR OCCUPATIONAL SAFETY 

20 AND HEALTH 

21 SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NA22 TIONAL INSTITUTE FOR OCCUPATIONAL 

23 SAFETY AND HEALTH. 

24 Section 20(a)(6) (29 U.S.C. 669(a)(6)) is amended 

25 by striking the second sentence and inserting the folmstockstill on DSK4VPTVN1PROD with BILLS

48 

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1 lowing: ‘‘The Secretary shall determine following a written 

2 request by any employer, authorized representative of cur3 rent or former employees, physician, other Federal agency, 

4 or State or local health department, specifying with rea5 sonable particularity the grounds on which the request is 

6 made, whether any substance normally found in the place 

7 of employment has potentially toxic effects in such con8 centrations as used or found or whether any physical 

9 agents, equipment, or working condition found or used has 

10 potentially hazardous effects; and shall submit such deter11 mination both to employers and affected employees as 

12 soon as possible.’’. 

13 TITLE VI—EFFECTIVE DATE 

14 SEC. 601. EFFECTIVE DATE. 

15 (a) GENERAL RULE.—Except as provided for in sub16 section (b), this Act and the amendments made by this 

17 Act shall take effect not later than 90 days after the date 

18 of the enactment of this Act. 

19 (b) EXCEPTION FOR STATES AND POLITICAL SUB20 DIVISIONS.—The following are exceptions to the effective 

21 date described in subsection (a): 

22 (1) A State that has a State plan approved 

23 under section 18 of the Occupational Safety and 

24 Health Act of 1970 (29 U.S.C. 667) shall amend its 

25 State plan to conform with the requirements of this 

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1 Act and the amendments made by this Act not later 

2 than 12 months after the date of the enactment of 

3 this Act. The Secretary of Labor may extend the pe4 riod for a State to make such amendments to its 

5 State plan by not more than 12 months, if the 

6 State’s legislature is not in session during the 12- 

7 month period beginning with the date of the enact8 ment of this Act. Such amendments to the State 

9 plan shall take effect not later than 90 days after 

10 the adoption of such amendments by such State. 

11 (2) This Act and the amendments made by this 

12 Act shall take effect not later than 36 months after 

13 the date of the enactment of this Act with respect 

14 to a workplace of a State, or a political subdivision 

15 of a State, that does not have a State plan approved 

16 under such section 18 (29 U.S.C. 667). 

Æ 

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