I 

116TH CONGRESS 

1ST SESSION H. R. 1074 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2019 

Mr. COURTNEY (for himself, Mr. SCOTT of Virginia, Ms. ADAMS, Ms. 

BONAMICI, Mr. GARAMENDI, Mr. DESAULNIER, Ms. WILSON of Florida, 

Mr. TAKANO, Mr. GRIJALVA, Mr. ESPAILLAT, Mr. SABLAN, Mr. NORCROSS, Mr. LEVIN of Michigan, Ms. OMAR, Mr. MORELLE, Ms. WILD, 

Mr. NADLER, Mr. PALLONE, Ms. SCHAKOWSKY, Ms. NORTON, Ms. 

TITUS, Mr. POCAN, Mr. LYNCH, Ms. MOORE, Ms. LEE of California, Mr. 

VISCLOSKY, Mr. KRISHNAMOORTHI, and Mrs. LEE of Nevada) introduced 

the following bill; which was referred to the Committee on Education and 

Labor 

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. 

TITLE I—COVERAGE OF PUBLIC EMPLOYEES, AUTHORIZED EMPLOYEE REPRESENTATIVES, VOLUNTARY EMERGENCY RESPONDERS, AND APPLICATION OF ACT 

Sec. 101. Coverage of public employees. 

Sec. 102. Authorized employee representatives. 

Sec. 103. Application of Act. 

TITLE II—INCREASING WHISTLEBLOWER PROTECTIONS 

Sec. 201. Enhanced protections from retaliation. 

TITLE III—IMPROVING REPORTING, INSPECTION, AND 

ENFORCEMENT 

PART A—DUTIES AND STANDARDS

Sec. 301. General duty of employers. 

Sec. 302. Occupational safety and health standards. 

PART B—INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING

Sec. 311. Posting of employee rights. 

Sec. 312. Employer reporting of work-related injuries, illness, deaths, and hospitalizations; prohibition on discouraging employee reporting. 

Sec. 313. No loss of employee pay for inspections. 

Sec. 314. Investigations of fatalities and significant incidents. 

Sec. 315. Recordkeeping. 

PART C—CITATIONS

Sec. 321. Period for issuance of a citation. 

Sec. 322. Prohibition on unclassified citations. 

PART D—RIGHTS OF VICTIMS AND FAMILIES

Sec. 331. Rights of victims and families. 

PART E—PROCEDURE FOR ENFORCEMENT

Sec. 341. Right to contest citations and penalties. 

Sec. 342. Correction of serious, willful, or repeated violations pending contest 

and procedures for a stay. 

Sec. 343. Inaction by the Review Commission. 

Sec. 344. Conforming amendments. 


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PART F—PENALTIES

Sec. 351. Civil penalties. 

Sec. 352. Criminal penalties. 

Sec. 353. Prejudgment interest. 

TITLE IV—STATE PLANS 

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

safety and health plans. 

Sec. 402. Evaluation of repeated violations in State plans. 

TITLE V—NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY 

AND HEALTH 

Sec. 501. Health hazard evaluations by the National Institute for Occupational 

Safety and Health. 

Sec. 502. Training and employee education. 

TITLE VI—EFFECTIVE DATE 

Sec. 601. Effective date. 

1 TITLE I—COVERAGE OF PUBLIC 

2 EMPLOYEES, AUTHORIZED 

3 EMPLOYEE REPRESENTA4 TIVES, VOLUNTARY EMER5 GENCY RESPONDERS, AND 

6 APPLICATION OF ACT 

7 SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 

8 (a) IN GENERAL.—Section 3(5) of the Occupational 

9 Safety and Health Act of 1970 (29 U.S.C. 652(5)) is 

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

11 follows through the period at the end and inserting ‘‘in12 cluding the United States, a State, or a political subdivi13 sion of a State.’’. 

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

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1 cupational Safety and Health Act of 1970 (29 U.S.C. 

2 667). 

3 SEC. 102. AUTHORIZED EMPLOYEE REPRESENTATIVES. 

4 Section 3 of the Occupational Safety and Health Act 

5 of 1970 (29 U.S.C. 652) is amended by adding at the end 

6 the following: 

7 ‘‘(15) AUTHORIZED EMPLOYEE REPRESENTA8 TIVE.—The term ‘authorized employee representa9 tive’— 

10 ‘‘(A) means any person or organization 

11 that for the purposes of this Act represents not 

12 less than one employee at an establishment, fac13 tory, plant, construction site, or other work14 place, or other environment where work is per15 formed by an employee for an employer; and 

16 ‘‘(B) includes a representative authorized 

17 by employees, a representative of employees, or 

18 any other representative of an employee under 

19 this Act.’’. 

20 SEC. 103. APPLICATION OF ACT. 

21 Section 4(b) of the Occupational Safety and Health 

22 Act of 1970 (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 such paragraph. Upon 

4 receipt of such a petition, the Secretary shall investigate 

5 the matter involved and shall, not later than 90 days after 

6 the receipt of the petition, publish a decision with respect 

7 to the petition 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) of the 

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

9 660(c)(1)) is amended— 

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

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

12 ‘‘discharge or cause to be discharged, or in any man13 ner discriminate against or cause to be discriminated 

14 against, any employee because— 

15 ‘‘(A) such’’; 

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

17 the following: ‘‘this Act; 

18 ‘‘(B) such employee has’’; 

19 (3) by striking ‘‘in any such proceeding or be20 cause of the exercise’’ and inserting the following: 

21 ‘‘before Congress or in any Federal or State pro22 ceeding related to safety or health; 

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

24 provision of this Act; or 

25 ‘‘(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 of such Act (29 U.S.C. 660(c)) is amended by striking 

9 paragraph (2) and inserting the following: 

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

11 person shall discharge, or cause to be discharged, or 

12 in any manner discriminate against, or cause to be 

13 discriminated against, an employee for refusing to 

14 perform the employee’s duties if the employee has a 

15 reasonable apprehension that performing such duties 

16 would result in serious injury to, or serious impair17 ment of the health of, the employee or other employ18 ees. 

19 ‘‘(B) For purposes of subparagraph (A), the 

20 circumstances causing the employee’s good-faith be21 lief that performing such duties would pose a safety 

22 or health hazard shall be of such a nature that a 

23 reasonable person, under the circumstances con24 fronting the employee, would conclude that there is 

25 such a hazard. In order to qualify for protection 


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1 under this paragraph, the employee, when prac2 ticable, shall have communicated or attempted to 

3 communicate the safety or health concern to the em4 ployer and have not received from the employer a re5 sponse reasonably calculated to allay such concern.’’. 

6 (c) PROCEDURE.—Section 11(c) of such Act (29 

7 U.S.C. 660(c)) is amended by striking paragraph (3) and 

8 inserting the following: 

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

10 that the employee has been discharged, disciplined, 

11 or otherwise discriminated against by any person in 

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

13 such violation by filing a complaint with the Sec14 retary under paragraph (5). 

15 ‘‘(4) STATUTE OF LIMITATIONS.— 

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

17 the action permitted by paragraph (3) not later 

18 than 180 days after the later of— 

19 ‘‘(i) the date on which an alleged vio20 lation of paragraph (1) or (2) occurs; or 

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

22 knows or should reasonably have known 

23 that such alleged violation occurred. 

24 ‘‘(B) REPEAT VIOLATION.—Except in 

25 cases when the employee has been discharged, 


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1 a violation of paragraph (1) or (2) shall be con2 sidered to have occurred on the last date an al3 leged repeat violation occurred. 

4 ‘‘(5) INVESTIGATION.— 

5 ‘‘(A) IN GENERAL.—An employee may, 

6 within the time period required under para7 graph (4)(A), file a complaint with the Sec8 retary alleging a violation of paragraph (1) or 

9 (2). If the complaint alleges a prima facie case, 

10 the Secretary shall conduct an investigation of 

11 the allegations in the complaint, which— 

12 ‘‘(i) shall include— 

13 ‘‘(I) interviewing the complain14 ant; 

15 ‘‘(II) providing the respondent an 

16 opportunity to— 

17 ‘‘(aa) submit to the Sec18 retary a written response to the 

19 complaint; and 

20 ‘‘(bb) meet with the Sec21 retary to present statements from 

22 witnesses or provide evidence; 

23 and 

24 ‘‘(III) providing the complainant 

25 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 a preliminary order 

15 under paragraph (6), respectively; 

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)(A); 

20 or 

21 ‘‘(III) by the complainant within 

22 120 days after the date of filing the 

23 complaint, if the Secretary has not 

24 issued a decision under paragraph 

25 (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 facVerDate Sep 11 2014 19:14 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1074.IH H1074

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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 

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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, administrative law judge, review board, 

22 or a court may determine that a violation of 

23 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, administrative law judge, review board, 

14 or a court determines that a violation of para15 graph (1) or (2) has occurred, the Secretary, 

16 administrative law judge, review board, or 

17 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 or an administrative law judge, 

23 review board, or court grants an order for relief 

24 under subparagraph (A), the Secretary, admin25 istrative law judge, review board, or court, reVerDate Sep 11 2014 19:14 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1074.IH H1074

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1 spectively, shall assess, at the request of the 

2 employee 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) of 

16 such Act (29 U.S.C. 666(j)) is amended by inserting be17 fore the period the following: ‘‘, including the history of 

18 violations under section 11(c)’’. 

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

22 PART A—DUTIES AND STANDARDS 

23 SEC. 301. GENERAL DUTY OF EMPLOYERS. 

24 Section 5 of the Occupational Safety and Health Act 

25 of 1970 (29 U.S.C. 654(a)(1)) is amended— 


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1 (1) in subsection (a), by amending paragraph 

2 (1) to read as follows: 

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

4 employment that are free from recognized hazards 

5 that are causing or are likely to cause death or seri6 ous physical harm and that the employer creates or 

7 controls or to which the employer exposes any em8 ployee of the employer or any other person per9 forming work at the place of employment; and’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(c) Each employee or other person exposed to a haz13 ard in violation of subsection (a) may constitute a separate 

14 violation.’’. 

15 SEC. 302. OCCUPATIONAL SAFETY AND HEALTH STAND16 ARDS. 

17 Section 6 of the Occupational Safety and Health Act 

18 of 1970 (29 U.S.C. 655) is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘Without regard’’ and in21 serting ‘‘(1) Without regard’’; 

22 (B) by striking ‘‘chapter 5’’ and inserting 

23 ‘‘chapters 5 and 6’’; 

24 (C) by striking ‘‘shall, as soon as prac25 ticable’’ and inserting the following: ‘‘shall— 


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1 ‘‘(A) as soon as practicable’’; 

2 (D) by striking ‘‘In the’’ and inserting the 

3 following: 

4 ‘‘(2) In the’’; 

5 (E) by striking ‘‘designated employees.’’ 

6 and inserting ‘‘designated employees; and’’; 

7 (F) by adding at the end of paragraph (1) 

8 (as designated by subparagraph (A)) the fol9 lowing: 

10 ‘‘(B) not later than 2 years after the effec11 tive date of section 601(a) of the Protecting 

12 America’s Workers Act, by rule update any na13 tional consensus standard that has been pro14 mulgated or incorporated by reference pursuant 

15 to this subsection, except that such a standard 

16 shall not be updated pursuant to this subpara17 graph, if— 

18 ‘‘(i) the standard has been superseded 

19 by a standard promulgated pursuant to 

20 subsection (b); or 

21 ‘‘(ii) the Secretary determines such 

22 update would not result in improved health 

23 or safety for specifically designated em24 ployees.’’; and 


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1 (G) in paragraph (2) (as designated by 

2 subparagraph (D)), by inserting ‘‘including na3 tional consensus standards, or in the event of a 

4 consolidation of national consensus standards,’’ 

5 after ‘‘conflict among any such standards,’’; 

6 and 

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

8 ‘‘(h) No standard, rule, or regulation promulgated 

9 under this Act shall reduce the protection afforded by an 

10 existing health or safety standard, rule, regulation, or na11 tional consensus standard.’’. 

12 PART B—INSPECTIONS, INVESTIGATIONS, AND 

13 RECORDKEEPING 

14 SEC. 311. POSTING OF EMPLOYEE RIGHTS. 

15 Section 8(c)(1) of the Occupational Safety and 

16 Health Act of 1970 (29 U.S.C. 657(c)(1)) is amended by 

17 adding at the end the following new sentence: ‘‘Such regu18 lations shall include provisions requiring employers to post 

19 for employees information on the protections afforded 

20 under section 11(c).’’. 


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1 SEC. 312. EMPLOYER REPORTING OF WORK-RELATED INJU2 RIES, ILLNESS, DEATHS, AND HOSPITALIZA3 TIONS; PROHIBITION ON DISCOURAGING EM4 PLOYEE REPORTING. 

5 Section 8(c)(2) of such Act (29 U.S.C. 657(c)(2)) is 

6 amended by adding at the end the following: ‘‘Such regula7 tions shall contain the following: 

8 ‘‘(A) A requirement that employers 

9 promptly notify the Secretary of any work-re10 lated death or work-related injury or illness 

11 that results in the in-patient hospitalization of 

12 any employee for medical treatment, amputa13 tion, or loss of an eye. 

14 ‘‘(B) A prohibition on the adoption or im15 plementation by employers of policies or prac16 tices that have the effect of discouraging accu17 rate recordkeeping and the reporting of work18 related injuries or illnesses by any employee, or 

19 in any manner discriminates or provides for ad20 verse action against any employee for reporting 

21 a work-related injury or illness. 

22 ‘‘(C) A requirement that, at a minimum, 

23 employers subject to the requirements of sec24 tions 1904.41 and 1902.7(d) of title 29, Code 

25 of Federal Regulations (as amended by the 

26 final regulations of the Department of Labor 


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1 published in the Federal Register on May 12, 

2 2016 (81 Fed. Reg. 29624 et seq.)) shall, on at 

3 least an annual basis, electronically report to 

4 the Secretary information from the records of 

5 work-related deaths, injuries, and illnesses re6 quired to be made and maintained under this 

7 paragraph, which shall include the information 

8 required to be made and maintained in accord9 ance with such sections 1904.41 and 1902.7(d), 

10 and a requirement that the Secretary make 

11 such reports available to the public in a search12 able format. 

13 ‘‘(D) A requirement that each site-control14 ling employer keep, maintain, and make avail15 able a site log for all recordable injuries and ill16 nesses occurring for any employee at each work 

17 site for which the employer is the site-control18 ling employer, including employees of the site19 controlling employer and others who are per20 forming work at such site (including inde21 pendent contractors). For purposes of this sub22 paragraph, the term ‘site-controlling employer’ 

23 means the employer that has primary control 

24 over a work site at which employees of more 

25 than one employer work, such as by hiring or 


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1 coordinating the work of other employers work2 ing at the site.’’. 

3 SEC. 313. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS. 

4 Section 8(e) of such Act (29 U.S.C. 657(e)) is 

5 amended by inserting after the first sentence the fol6 lowing: ‘‘Time spent by an employee participating in or 

7 aiding any such inspection shall be deemed to be hours 

8 worked and no employee shall suffer any loss of wages, 

9 benefits, or other terms and conditions of employment for 

10 having participated in or aided any such inspection.’’. 

11 SEC. 314. INVESTIGATIONS OF FATALITIES AND SIGNIFI12 CANT INCIDENTS. 

13 Section 8 of such Act (29 U.S.C. 657), as amended 

14 by sections 311 through 313, is further amended by add15 ing at the end the following new subsection: 

16 ‘‘(i) INVESTIGATION OF FATALITIES AND SERIOUS

17 INCIDENTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall inves19 tigate any significant incident or an incident result20 ing in death that occurs in a place of employment. 

21 ‘‘(2) EVIDENCE PRESERVATION.—If a signifi22 cant incident or an incident resulting in death oc23 curs in a place of employment, the employer shall 

24 promptly notify the Secretary of the incident in25 volved and shall take appropriate measures to preVerDate Sep 11 2014 19:14 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H1074.IH H1074

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1 vent the destruction or alteration of any evidence 

2 that would assist in investigating the incident. The 

3 appropriate measures required by this paragraph do 

4 not prevent an employer from taking action on a 

5 worksite to prevent injury to employees or substan6 tial damage to property or to avoid disruption of es7 sential services necessary to public safety, provided 

8 that if an employer takes such action, the employer 

9 shall notify the Secretary of the action in a timely 

10 fashion. 

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

12 ‘‘(A) INCIDENT RESULTING IN DEATH.— 

13 The term ‘incident resulting in death’ means an 

14 incident that results in the death of an em15 ployee. 

16 ‘‘(B) SIGNIFICANT INCIDENT.—The term 

17 ‘significant incident’ means an incident that re18 sults in the in-patient hospitalization of 2 or 

19 more employees for medical treatment.’’. 

20 SEC. 315. RECORDKEEPING. 

21 (a) RULE REQUIRED.—Not later than 180 days after 

22 the date of enactment of this Act, the Occupational Safety 

23 and Health Administration shall issue a final rule amend24 ing its recordkeeping regulations under section 8(c) of the 


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

2 657(c)) to clarify that— 

3 (1) the duty to make and maintain accurate 

4 records of work-related injuries and illnesses is an 

5 ongoing obligation; 

6 (2) the duty to make and maintain such records 

7 continues for as long as the employer is required to 

8 keep records of the recordable injury or illness; and 

9 (3) such duty does not expire solely because the 

10 employer fails to create the necessary records when 

11 first required to do so. 

12 (b) AUTHORIZATION.—Subsection (a) shall be consid13 ered a specific authorization by Congress in accordance 

14 with section 801(b)(2) of title 5, United States Code, with 

15 respect to the issuance of a new recordkeeping rule. 

16 PART C—CITATIONS 

17 SEC. 321. PERIOD FOR ISSUANCE OF A CITATION. 

18 Section 9(c) of the Occupational Safety and Health 

19 Act of 1970 (29 U.S.C. 658(c)) is amended by adding at 

20 the end the following: ‘‘For purposes of this subsection, 

21 a violation continues to occur for as long as an employer 

22 has not satisfied the requirements, rules, standards, or23 ders, and regulations referenced in subsection (a).’’. 


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1 SEC. 322. PROHIBITION ON UNCLASSIFIED CITATIONS. 

2 Section 9 of the Occupational Safety and Health Act 

3 of 1970 (29 U.S.C. 658) is further amended by adding 

4 at the end the following: 

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

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

7 designation enumerated in section 17 with respect to such 

8 violation.’’. 

9 PART D—RIGHTS OF VICTIMS AND FAMILIES 

10 SEC. 331. RIGHTS OF VICTIMS AND FAMILIES. 

11 The Occupational Safety and Health Act of 1970 (29 

12 U.S.C. 651 et seq.) is amended by inserting after section 

13 9 (29 U.S.C. 658) the following: 

14 ‘‘SEC. 9A. VICTIMS’ RIGHTS. 

15 ‘‘(a) RIGHTS BEFORE THE SECRETARY.—A victim or 

16 the representative of a victim, shall be afforded the right, 

17 with respect to an inspection or investigation conducted 

18 under section 8 to— 

19 ‘‘(1) meet with the Secretary regarding the in20 spection or investigation conducted under such sec21 tion before the Secretary’s decision to issue a cita22 tion or take no action; 

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

24 or report, issued as a result of such inspection or in25 vestigation, at the same time as the employer re26 ceives such citation or report; 


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1 ‘‘(3) be informed of any notice of contest or ad2 dition of parties to the proceedings filed under sec3 tion 10(c); and 

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

5 time or any proceedings, service of pleadings, and 

6 other relevant documents, and an explanation of the 

7 rights of the employer, employee and employee rep8 resentative, and victim to participate in proceedings 

9 conducted under section 10(c). 

10 ‘‘(b) RIGHTS BEFORE THE COMMISSION.—Upon re11 quest, a victim or representative of a victim shall be af12 forded the right with respect to a work-related bodily in13 jury or death to— 

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

15 proceeding before the Commission; 

16 ‘‘(2) receive pleadings and any decisions relat17 ing to the proceedings; and 

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

19 make a statement in accordance with the rules pre20 scribed by the Commission. 

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

22 into an agreement to withdraw or modify a citation issued 

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

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1 ative of a victim with an opportunity to appear and make 

2 a statement before the parties conducting settlement nego3 tiations. In lieu of an appearance, the victim or represent4 ative of the victim may elect to submit a letter to the Sec5 retary and the parties. 

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

7 establish procedures— 

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

9 section; and 

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

11 denial of such a right. 

12 ‘‘(e) COMMISSION PROCEDURES AND CONSIDER13 ATIONS.—The Commission shall— 

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

15 of victims to be heard in proceedings before the 

16 Commission; and 

17 ‘‘(2) in rendering any decision, provide due con18 sideration to any statement or information provided 

19 by any victim before the Commission. 

20 ‘‘(f) FAMILY LIAISONS.—The Secretary shall des21 ignate at least 1 employee at each area office of the Occu22 pational Safety and Health Administration to serve as a 

23 family liaison to— 


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1 ‘‘(1) keep victims informed of the status of in2 vestigations, enforcement actions, and settlement ne3 gotiations; and 

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

5 under this section. 

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

7 means— 

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

9 who has sustained a work-related injury or illness 

10 that is the subject of an inspection or investigation 

11 conducted under section 8; or 

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

13 the Secretary) of a victim described in paragraph 

14 (1), if— 

15 ‘‘(A) the victim dies as a result of an inci16 dent that is the subject of an inspection or in17 vestigation conducted under section 8; or 

18 ‘‘(B) the victim sustains a work-related in19 jury or illness that is the subject of an inspec20 tion or investigation conducted under section 8, 

21 and the victim because of incapacity cannot rea22 sonably exercise the rights under this section.’’. 


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1 PART E—PROCEDURE FOR ENFORCEMENT 

2 SEC. 341. RIGHT TO CONTEST CITATIONS AND PENALTIES. 

3 Section 10(c) of the Occupational Safety and Health 

4 Act of 1970 (29 U.S.C. 659(c)) is amended— 

5 (1) in the first sentence— 

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

7 contest a citation issued under section (9)’’ the 

8 following: ‘‘(or a modification of a citation 

9 issued under this section)’’; 

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

11 citation under section 9’’ the following: ‘‘(in12 cluding a modification of a citation issued 

13 under such section)’’; and 

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

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

16 citation fails properly to designate the violation 

17 as serious, willful, or repeated, that the pro18 posed penalty is not adequate, or’’; 

19 (2) by inserting after the first sentence, the fol20 lowing: ‘‘The pendency of a contest before the Com21 mission shall not bar the Secretary from inspecting 

22 a place of employment or from issuing a citation 

23 under section 9.’’; and 

24 (3) by amending the last sentence— 

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

26 ‘‘Commission shall provide’’; and 


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1 (B) by inserting before the period at the 

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

3 citation’’. 

4 SEC. 342. CORRECTION OF SERIOUS, WILLFUL, OR RE5 PEATED VIOLATIONS PENDING CONTEST AND 

6 PROCEDURES FOR A STAY. 

7 Section 10 of the Occupational Safety and Health Act 

8 of 1970 (29 U.S.C. 659) is further amended by adding 

9 at the end the following: 

10 ‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE11 PEATED VIOLATIONS PENDING CONTEST AND PROCE12 DURES FOR A STAY.— 

13 ‘‘(1) PERIOD PERMITTED FOR CORRECTION OF

14 SERIOUS, WILLFUL, OR REPEATED VIOLATIONS.— 

15 For each violation which the Secretary designates as 

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

17 the correction of the violation shall begin to run 

18 upon receipt of the citation. 

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

20 filing of a notice of contest by an employer— 

21 ‘‘(A) shall not operate as a stay of the pe22 riod for correction of a violation designated as 

23 serious, willful, or repeated; and 


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

2 for correction of a violation not designated by 

3 the Secretary as serious, willful, or repeated. 

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

5 STAYS.— 

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

7 that receives a citation alleging a violation des8 ignated as serious, willful, or repeated and that 

9 files a notice of contest to the citation asserting 

10 that the time set for abatement of the alleged 

11 violation is unreasonable or challenging the ex12 istence of the alleged violation may file with the 

13 Commission a motion to stay the period for the 

14 abatement of the violation. 

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

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

17 filed under subparagraph (A), the Commission 

18 may grant a stay only if the employer has dem19 onstrated— 

20 ‘‘(i) a substantial likelihood of success 

21 on the areas contested under subparagraph 

22 (A); and 

23 ‘‘(ii) that a stay will not adversely af24 fect the health and safety of workers. 


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1 ‘‘(C) RULES OF PROCEDURE.—The Com2 mission shall develop rules of procedure for con3 ducting a hearing on a motion filed under sub4 paragraph (A) on an expedited basis. At a min5 imum, such rules shall provide: 

6 ‘‘(i) That a hearing before an admin7 istrative law judge shall occur not later 

8 than 15 days following the filing of the 

9 motion for a stay (unless extended at the 

10 request of the employer), and shall provide 

11 for a decision on the motion not later than 

12 15 days following the hearing (unless ex13 tended at the request of the employer). 

14 ‘‘(ii) That a decision of an administra15 tive law judge on a motion for stay is ren16 dered on a timely basis. 

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

18 a decision issued by an administrative law 

19 judge regarding the stay, such party has 

20 the right to file an objection with the Com21 mission not later than 5 days after receipt 

22 of the administrative law judge’s decision. 

23 Within 10 days after receipt of the objec24 tion, a Commissioner, if a quorum is seat25 ed pursuant to section 12(f), shall decide 


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1 whether to grant review of the objection. 

2 If, within 10 days after receipt of the ob3 jection, no decision is made on whether to 

4 review the decision of the administrative 

5 law judge, the Commission declines to re6 view such decision, or no quorum is seated, 

7 the decision of the administrative law 

8 judge shall become a final order of the 

9 Commission. If the Commission grants re10 view of the objection, the Commission shall 

11 issue a decision regarding the stay not 

12 later than 30 days after receipt of the ob13 jection. If the Commission fails to issue 

14 such decision within 30 days, the decision 

15 of the administrative law judge shall be16 come a final order of the Commission. 

17 ‘‘(iv) For notification to employees or 

18 representatives of affected employees of re19 quests for such hearings and shall provide 

20 affected employees or representatives of af21 fected employees an opportunity to partici22 pate as parties to such hearings.’’. 

23 SEC. 343. INACTION BY THE REVIEW COMMISSION. 

24 Section 10 of the Occupational Safety and Health Act 

25 of 1970 (29 U.S.C. 659), as amended by sections 341 and 


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1 342, is further amended by adding at the end the fol2 lowing: 

3 ‘‘(e) INACTION BY REVIEW COMMISSION.— 

4 ‘‘(1) IN GENERAL.—A decision or order issued 

5 by an administrative law judge of the Commission 

6 for which a petition for review has been filed in a 

7 timely manner, and for which 1 year after the Com8 mission has accepted such petition and directed that 

9 such petition be reviewed by the Commission, the 

10 Commission has failed to issue a final decision or 

11 order because the Commission lacks a quorum— 

12 ‘‘(A) shall be deemed a final decision or 

13 order of the Commission; and 

14 ‘‘(B) may be appealed pursuant to section 

15 11(a). 

16 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

17 apply with respect to motions to stay filed under 

18 subsection (d)(3).’’. 

19 SEC. 344. CONFORMING AMENDMENTS. 

20 (a) VIOLATIONS DESIGNATED AS SERIOUS, WILL21 FUL, OR REPEATED.—The first sentence of section 10(b) 

22 of the Occupational Safety and Health Act of 1970 (29 

23 U.S.C. 659(b)) is amended by inserting ‘‘, with the excep24 tion of violations designated as serious, willful, or re25 peated,’’ after ‘‘(which period shall not begin to run’’. 


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

2 11(a) of the Occupational Safety and Health Act of 1970 

3 (29 U.S.C. 660(a)) is amended— 

4 (1) by inserting ‘‘(or the failure of the Commis5 sion, including an administrative law judge, to make 

6 a timely decision on a petition for a stay or other 

7 review)’’ after ‘‘an order’’; 

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

9 ‘‘subsection (c), (d), or (e)’’; and 

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

11 from a final Commission order regarding a stay 

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

13 (c) FAILURE TO CORRECT VIOLATIONS.—Section 

14 17(d) of the Occupational Safety and Health Act of 1970 

15 (29 U.S.C. 666(d)) is amended to read as follows: 

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

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

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

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

20 has not been issued by the Commission under section 

21 10(d)) may be assessed a civil penalty of not more than 

22 $7,000 for each day during which such failure or violation 

23 continues. Any employer who fails to correct any other vio24 lation for which a citation has been issued under section 

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1 tion (which period shall not begin to run until the date 

2 of the final order of the Commission in the case of any 

3 review proceeding under section 10 initiated by the em4 ployer in good faith and not solely for delay of avoidance 

5 of penalties) may be assessed a civil penalty of not more 

6 than $7,000 for each day during which such failure or vio7 lation continues.’’. 

8 PART F—PENALTIES 

9 SEC. 351. CIVIL PENALTIES. 

10 (a) IN GENERAL.—Section 17 of the Occupational 

11 Safety and Health Act of 1970 (29 U.S.C. 666) is further 

12 amended— 

13 (1) in subsection (a)— 

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

15 ‘‘$129,336’’; 

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

17 ‘‘$9,472’’; and 

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

19 determining whether a violation is repeated, the 

20 Secretary or the Commission shall consider the 

21 employer’s history of violations under this Act 

22 and under State occupational safety and health 

23 plans established under section 18. If such a 

24 willful or repeated violation caused or contrib25 uted to the death of an employee, such civil 


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1 penalty amounts shall be increased to not more 

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

3 less than $50,000 for each such violation, ex4 cept that for an employer with 25 or fewer em5 ployees such penalty shall not be less than 

6 $25,000 for each such violation.’’; 

7 (2) in subsection (b)— 

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

9 ‘‘$13,260’’; and 

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

11 such a violation caused or contributed to the 

12 death of an employee, such civil penalty 

13 amounts shall be increased to not more than 

14 $50,000 for each such violation, but not less 

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

16 that for an employer with 25 or fewer employ17 ees such penalty shall not be less than $10,000 

18 for each such violation.’’; 

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

20 inserting ‘‘$13,260’’; 

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

22 344(c), by striking ‘‘$7,000’’ each place it occurs 

23 and inserting ‘‘$13,260’’; 

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

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


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1 through (j) and subsections (l) through (n), respec2 tively; and 

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

4 striking ‘‘$7,000’’ and inserting ‘‘$13,260’’. 

5 (b) INFLATION ADJUSTMENT.—Section 17 of such 

6 Act (29 U.S.C. 666), as amended by subsection (a), is fur7 ther amended by inserting after subsection (d) the fol8 lowing: 

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

10 penalties shall be adjusted by the Secretary once each 

11 year, not later than January 15 of such year, to account 

12 for the percentage increase or decrease in the Consumer 

13 Price Index for all urban consumers during such period, 

14 consistent with the requirements of the Federal Civil Pen15 alties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 

16 note).’’. 

17 SEC. 352. CRIMINAL PENALTIES. 

18 (a) IN GENERAL.—Section 17 of the Occupational 

19 Safety and Health Act of 1970 (29 U.S.C. 666) (as 

20 amended by section 351) is further amended— 

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

22 by section 351(a)(5)) 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 (i), 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 351(a)(5)) 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 

23 351(a)(5)), by striking ‘‘fine of not more than 

24 $10,000, or by imprisonment for not more than six 

25 months,’’ and inserting ‘‘fine in accordance with title 


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1 18, 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 351(a)(5)) 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.—Such section 17 (29 

8 U.S.C. 666) is further amended by adding at the end the 

9 following: 

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

11 local law enforcement agency from conducting criminal 

12 prosecutions in accordance with the laws of such State or 

13 locality.’’. 

14 SEC. 353. PREJUDGMENT INTEREST. 

15 Section 17(n) of the Occupational Safety and Health 

16 Act of 1970 (29 U.S.C. 666(n)) (as redesignated by sec17 tion 351(a)(5)) is amended by adding at the end the fol18 lowing: ‘‘Pre-final order interest on such penalties shall 

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

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

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

22 calculated at the current underpayment rate determined 

23 by the Secretary of the Treasury pursuant to section 6621 

24 of the Internal Revenue Code of 1986, and shall be com25 pounded daily. Post-final order interest shall begin to acVerDate Sep 11 2014 19:14 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1074.IH H1074

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1 crue 30 days after the date a final order of the Commis2 sion or the court is issued, and shall be charged at the 

3 rate of 8 percent per year.’’. 

4 TITLE IV—STATE PLANS 

5 SEC. 401. CONCURRENT ENFORCEMENT AUTHORITY AND 

6 REVIEW OF STATE OCCUPATIONAL SAFETY 

7 AND HEALTH PLANS. 

8 Section 18 of the Occupational Safety and Health Act 

9 of 1970 (29 U.S.C. 668) is amended— 

10 (1) by amending subsection (f) to read as fol11 lows: 

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

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

14 inspections, make a continuing evaluation of the manner 

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

16 section is carrying out such plan. Such evaluation shall 

17 include an assessment of whether the State continues to 

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

19 any other criteria or indices of effectiveness specified by 

20 the Secretary in regulations. Whenever the Secretary 

21 finds, on the basis of such evaluation, that in the adminis22 tration of the State plan there is a failure to comply sub23 stantially with any provision of the State plan (or any as24 surance contained therein), the Secretary shall make an 

25 initial determination of whether the failure is of such a 


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1 nature that the plan should be withdrawn or whether the 

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

3 the opportunity to remedy the deficiencies, and provide no4 tice of the Secretary’s findings and initial determination. 

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

6 to reassert and exercise concurrent enforcement authority 

7 while the State is given an opportunity to remedy the defi8 ciencies, the Secretary shall afford the State an oppor9 tunity for a public hearing within 15 days of such request, 

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

11 after the Secretary’s notice to the State. The Secretary 

12 shall review and consider the testimony, evidence, or writ13 ten comments, and not later than 30 days following such 

14 hearing, make a determination to affirm, reverse, or mod15 ify the Secretary’s initial determination to reassert and ex16 ercise concurrent enforcement authority under sections 8, 

17 9, 10, 13, and 17 with respect to standards promulgated 

18 under section 6 and obligations under section 5(a). Fol19 lowing such a determination by the Secretary, or in the 

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

21 timeframe set forth in this paragraph, the Secretary may 

22 reassert and exercise such concurrent enforcement author23 ity, while a final determination is pending under para24 graph (3) or until the Secretary has determined that the 

25 State has remedied the deficiencies as provided under 


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

2 the Federal Register. The procedures set forth in section 

3 18(g) shall not apply to a determination by the Secretary 

4 to reassert and exercise such concurrent enforcement au5 thority. 

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

7 that the plan should be withdrawn, the Secretary shall 

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

9 based on the evaluation, comments, and evidence, the Sec10 retary makes a final determination that there is a failure 

11 to comply substantially with any provision of the State 

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

13 the State agency of the withdrawal of approval of such 

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

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

16 any case commenced before the withdrawal of the plan in 

17 order to enforce standards under the plan whenever the 

18 issues involved do not relate to the reasons for the with19 drawal of the plan. 

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

21 State should be provided the opportunity to remedy the 

22 deficiencies, the Secretary shall provide the State an op23 portunity to respond to the Secretary’s findings and the 

24 opportunity to remedy such deficiencies within a time pe25 riod established by the Secretary, not to exceed 1 year. 


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1 The Secretary may extend and revise the time period to 

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

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

4 demonstrates that it is not feasible to correct the defi5 ciencies in the time period set by the Secretary, and the 

6 State has a plan to correct the deficiencies within a rea7 sonable time period. If the Secretary finds that the State 

8 agency has failed to remedy such deficiencies within the 

9 time period specified by the Secretary and that the State 

10 plan continues to fail to comply substantially with a provi11 sion of the State plan, the Secretary shall withdraw the 

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

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(i) Not later than 18 months after the date of enact16 ment of this subsection, and again 5 years thereafter, the 

17 Comptroller General shall complete and issue a review of 

18 the effectiveness of State plans to develop and enforce 

19 safety and health standards to determine if they are at 

20 least as effective as the Federal program and to evaluate 

21 whether the Secretary’s oversight of State plans is effec22 tive. The Comptroller General’s evaluation shall assess— 

23 ‘‘(1) the effectiveness of the Secretary’s over24 sight of State plans, including the indices of effec25 tiveness used by the Secretary; 


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

2 response to Complaints About State Plan Adminis3 tration (CASPA) are adequate, whether significant 

4 policy issues have been identified by headquarters 

5 and corrective actions are fully implemented by each 

6 State; 

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

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

9 is fair and adequate; and 

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

11 Federal program in preventing occupational injuries, 

12 illnesses and deaths, and investigating discrimina13 tion complaints, through an evaluation of at least 20 

14 percent of approved State plans, and which shall 

15 cover— 

16 ‘‘(A) enforcement effectiveness, including 

17 handling of fatalities, serious incidents and 

18 complaints, compliance with inspection proce19 dures, hazard recognition, verification of abate20 ment, violation classification, citation and pen21 alty issuance, including appropriate use of will22 ful and repeat citations, and employee involve23 ment; 

24 ‘‘(B) inspections, the number of pro25 grammed health and safety inspections at priVerDate Sep 11 2014 19:14 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H1074.IH H1074

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1 vate and public sector establishments, and 

2 whether the State targets the highest hazard 

3 private sector work sites and facilities in that 

4 State; 

5 ‘‘(C) budget and staffing, including wheth6 er the State is providing adequate budget re7 sources to hire, train and retain sufficient num8 bers of qualified staff, including timely filling of 

9 vacancies; 

10 ‘‘(D) administrative review, including the 

11 quality of decisions, consistency with Federal 

12 precedent, transparency of proceedings, deci13 sions and records are available to the public, 

14 adequacy of State defense, and whether the 

15 State appropriately appeals adverse decisions; 

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

17 discrimination complaints are processed in a 

18 timely manner, whether supervisors and inves19 tigators are properly trained to investigate dis20 crimination complaints, whether a case file re21 view indicates merit cases are properly identi22 fied consistent with Federal policy and proce23 dure, whether employees are notified of their 

24 rights, and whether there is an effective process 


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1 for employees to appeal the dismissal of a com2 plaint; 

3 ‘‘(F) program administration, including 

4 whether the State’s standards and policies are 

5 at least as effective as the Federal program and 

6 are updated in a timely manner, and whether 

7 National Emphasis Programs that are applica8 ble in such States are adopted and implemented 

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

10 Federal program; 

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

12 requirements for approval set forth in this sec13 tion and its implementing regulations; and 

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

15 Comptroller General, or as requested by the 

16 Committee on Education and Labor of the 

17 House of Representatives or the Committee on 

18 Health, Education, Labor, and Pensions of the 

19 Senate.’’. 

20 SEC. 402. EVALUATION OF REPEATED VIOLATIONS IN 

21 STATE PLANS. 

22 Section 18(c) of the Occupational Safety and Health 

23 Act of 1970 (29 U.S.C. 668(c)) is amended— 

24 (1) in paragraph (7), by striking ‘‘, and’’ and 

25 inserting a comma; 


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1 (2) in paragraph (8), by striking the period at 

2 the end and inserting ‘‘, and’’; and 

3 (3) by adding after paragraph 8 the following 

4 new paragraph: 

5 ‘‘(9) provides that in determining whether a 

6 violation is repeated, the State shall consider the 

7 employer’s violations within the State, in conjunction 

8 with the employer’s history of violations under other 

9 States’ occupational safety and health plans ap10 proved by the Secretary and the employer’s history 

11 of violations in those States where the Secretary has 

12 jurisdiction under this Act, in a manner that is at 

13 least as effective as provided under section 17.’’. 

14 TITLE V—NATIONAL INSTITUTE 

15 FOR OCCUPATIONAL SAFETY 

16 AND HEALTH 

17 SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NA18 TIONAL INSTITUTE FOR OCCUPATIONAL 

19 SAFETY AND HEALTH. 

20 Section 20(a)(6) of the Occupational Safety and 

21 Health Act of 1970 (29 U.S.C. 669(a)(6)) is amended by 

22 striking the second sentence and inserting the following: 

23 ‘‘The Secretary shall determine following a written request 

24 by any employer, authorized representative of current or 

25 former employees, physician, other Federal agency, or 


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1 State or local health department, specifying with reason2 able particularity the grounds on which the request is 

3 made, whether any substance normally found in the place 

4 of employment has potentially toxic effects in such con5 centrations as used or found or whether any physical 

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

7 potentially hazardous effects; and shall submit such deter8 mination both to employers and affected employees as 

9 soon as possible.’’. 

10 SEC. 502. TRAINING AND EMPLOYEE EDUCATION. 

11 Paragraph (1) of section 21(c) of the Occupational 

12 Safety and Health Act of 1970 (29 U.S.C. 670(c)) is 

13 amended to read as follows: ‘‘(1) provide for the establish14 ment and supervision of programs for the education and 

15 training of employers and employees in the recognition, 

16 avoidance, and prevention of unsafe or unhealthful work17 ing conditions, and employee rights and employer respon18 sibilities under this Act, which shall include grant pro19 grams to provide grants for nonprofit organizations (in20 cluding grants to develop or expand the capacity of such 

21 organizations to provide safety and health training, edu22 cation, and related assistance to the targeted audiences, 

23 grants for the training of employees and employers on oc24 cupational safety and health hazards of particular concern 

25 or for particular industries, or groups of workers at high 


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1 risk of injury, illness, or exposure to hazards, and grants 

2 for the development of training materials on particular 

3 topics), and’’. 

4 TITLE VI—EFFECTIVE DATE 

5 SEC. 601. EFFECTIVE DATE. 

6 (a) GENERAL RULE.—Except as provided for in sub7 section (b), this Act and the amendments made by this 

8 Act shall take effect on the date that is 90 days after the 

9 date of the enactment of this Act. 

10 (b) EXCEPTION FOR STATES AND POLITICAL SUB11 DIVISIONS.—The following are exceptions to the effective 

12 date described in subsection (a): 

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

14 under section 18 of the Occupational Safety and 

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

16 State plan to conform with the requirements of this 

17 Act and the amendments made by this Act not later 

18 than 12 months after the date of the enactment of 

19 this Act. The Secretary of Labor may extend the pe20 riod for a State to make such amendments to its 

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

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

23 month period beginning with the date of the enact24 ment of this Act. Such amendments to the State 


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1 plan shall take effect not later than 90 days after 

2 the adoption of such amendments by such State. 

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

4 Act shall take effect on the date that is 36 months 

5 after the date of the enactment of this Act with re6 spect to a workplace of a State, or a political sub7 division of a State, that does not have a State plan 

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

Æ 


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