I 

109TH CONGRESS 

1ST SESSION H. R. 2004 

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 certain violators, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2005 

Mr. OWENS (for himself, Mr. GEORGE MILLER of California, Mr. ANDREWS, 

Mr. LYNCH, Ms. DELAURO, and Mr. MICHAUD) introduced the following 

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

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 certain violators, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting America’s 

5 Workers Act’’. 
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1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, wherever 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 of law, the reference shall be considered to be made 

6 to a section or other provision of the Occupational Safety 

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

8 TITLE I—COVERAGE AND 

9 APPLICATION OF ACT 

10 SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 

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

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

13 follows and inserting ‘‘including the United States, a 

14 State, or a political subdivision of a State.’’. 

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

16 construed to affect the application of section 18 of the Oc17 cupational Safety and Health Act of 1970 (29 U.S.C. 

18 667). 

19 SEC. 102. APPLICATION OF ACT. 

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

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

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

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

24 following: 

25 ‘‘(1) If a Federal agency has promulgated and 

26 is enforcing a standard or regulation affecting occu-
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1 pational safety or health of some or all of the em2 ployees within that agency’s regulatory jurisdiction, 

3 and the Secretary determines that such a standard 

4 or regulation as promulgated and the manner in 

5 which the standard or regulation is being enforced 

6 provides protection to those employees that is at 

7 least as effective as the protection provided to those 

8 employees by this Act and the Secretary’s enforce9 ment of this Act, the Secretary may publish a cer10 tification notice in the Federal Register. The notice 

11 shall set forth that determination and the reasons 

12 for the determination and certify that the Secretary 

13 has ceded jurisdiction to that Federal agency with 

14 respect to the specified standard or regulation af15 fecting occupational safety or health. In determining 

16 whether to cede jurisdiction to a Federal agency, the 

17 Secretary shall seek to avoid duplication of, and con18 flicts between, health and safety requirements. Such 

19 certification shall remain in effect unless and until 

20 rescinded by the Secretary. 

21 ‘‘(2) The Secretary shall, by regulation, estab22 lish procedures by which any person who may be ad23 versely affected by a decision of the Secretary certi24 fying that the Secretary has ceded jurisdiction to an25 other Federal agency pursuant to paragraph (1) 
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1 may petition the Secretary to rescind a certification 

2 notice under paragraph (1). Upon receipt of such a 

3 petition, the Secretary shall investigate the matter 

4 involved and shall, within 90 days after receipt of 

5 the petition, publish a decision with respect to the 

6 petition in the Federal Register. 

7 ‘‘(3) Any person who may be adversely affected 

8 by— 

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

10 that the Secretary has ceded jurisdiction to an11 other Federal agency pursuant to paragraph 

12 (1); or 

13 ‘‘(B) a decision of the Secretary denying a 

14 petition to rescind such a certification notice 

15 under paragraph (1), 

16 may, not later than 60 days after such decision is 

17 published in the Federal Register, file a petition 

18 challenging such decision with the United States 

19 court of appeals for the circuit in which such person 

20 resides or such person has a principal place of busi21 ness, for judicial review of such decision. A copy of 

22 the petition shall be forthwith transmitted by the 

23 clerk of the court to the Secretary. The Secretary’s 

24 decision shall be set aside if found to be arbitrary, 
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1 capricious, an abuse of discretion, or otherwise not 

2 in accordance with law. 

3 ‘‘(4) Nothing in this Act shall apply to working 

4 conditions covered by the Federal Mine Safety and 

5 Health Act of 1977 (30 U.S.C. 801 et seq.).’’. 

6 TITLE II—INCREASING PROTEC7 TIONS FOR WHISTLE8 BLOWERS 

9 SEC. 201. EMPLOYEE ACTIONS. 

10 Section 11(c)(1) (29 U.S.C. 660(c)(1)) is amended 

11 by inserting before the period at the end the following: 

12 ‘‘, including reporting any injury, illness, or unsafe condi13 tion to the employer, agent of the employer, safety and 

14 health committee involved, or employee safety and health 

15 representative involved’’. 

16 SEC. 202. PROHIBITION OF DISCRIMINATION. 

17 Section 11(c) (29 U.S.C. 660(c)) is amended by strik18 ing paragraph (2) and inserting the following: 

19 ‘‘(2) No person shall discharge or in any man20 ner discriminate against an employee for refusing to 

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

22 reasonable apprehension that performing such duties 

23 would result in serious injury to, or serious impair24 ment of the health of, the employee or other employ25 ees. The circumstances causing the employee’s ap-
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1 prehension of serious injury or serious impairment 

2 of health shall be of such a nature that a reasonable 

3 person, under the circumstances confronting the em4 ployee, would conclude that there is a bona fide dan5 ger of a serious injury, or serious impairment of 

6 health, resulting from the circumstances. In order to 

7 qualify for protection under this paragraph, the em8 ployee, when practicable, shall have sought from the 

9 employee’s employer, and have been unable to ob10 tain, a correction of the circumstances causing the 

11 refusal to perform the employee’s duties.’’. 

12 SEC. 203. PROCEDURE. 

13 Section 11(c) (29 U.S.C. 660(c)) is amended by strik14 ing paragraph (3) and inserting the following: 

15 ‘‘(3) Any employee who believes that the em16 ployee has been discharged, disciplined, or otherwise 

17 discriminated against by any person in violation of 

18 paragraph (1) or (2) may, within 180 days after 

19 such alleged violation occurs, file (or have filed by 

20 any person on the employee’s behalf) a complaint 

21 with the Secretary alleging that such discharge or 

22 discrimination violates paragraph (1) or (2). Upon 

23 receipt of such a complaint, the Secretary shall no24 tify the person named in the complaint (referred to 
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1 in this subsection as the ‘respondent’) of the filing 

2 of the complaint. 

3 ‘‘(4)(A)(i) Not later than 60 days after the re4 ceipt of a complaint filed under paragraph (3), the 

5 Secretary shall conduct an investigation and deter6 mine whether there is reasonable cause to believe 

7 that the complaint has merit. During the investiga8 tion, the Secretary shall notify the respondent of the 

9 charges made in the complaint, and shall provide 

10 such person with an opportunity to meet with the in11 spector conducting the investigation, to submit a re12 sponse to such charges, and to present witnesses to 

13 rebut such charges. The Secretary shall also con14 sider the result of any grievance proceeding provided 

15 for in a collective bargaining agreement, that may 

16 have been held with respect to such charges. Upon 

17 completion of the investigation, the Secretary shall 

18 issue findings and notify the complainant and the 

19 respondent of the Secretary’s findings. If the Sec20 retary has concluded that there is reasonable cause 

21 to believe that a violation has occurred, the Sec22 retary’s findings shall be accompanied by a prelimi23 nary order providing the relief prescribed by sub24 paragraph (B). 
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1 ‘‘(ii)(I) Not later than 30 days after the 

2 Secretary has issued findings under clause (i), 

3 either the respondent or the complainant may 

4 file objections to the findings or preliminary 

5 order, and request a hearing on the record, ex6 cept that the filing of such objections shall not 

7 operate to stay any reinstatement remedy con8 tained in the preliminary order. 

9 ‘‘(II) If a hearing described in subclause 

10 (I) is not requested in the 30-day period de11 scribed in such subclause with respect to a pre12 liminary order, the order shall be deemed to be 

13 a final order and not subject to judicial review. 

14 ‘‘(iii) If the Secretary does not issue find15 ings under clause (i) with respect to a com16 plaint within 90 days after the receipt of the 

17 complaint, the complainant may request a hear18 ing on the record on the complaint. 

19 ‘‘(iv) The Secretary shall expeditiously con20 duct a hearing requested under clause (ii) or 

21 (iii). Upon the conclusion of such hearing, the 

22 Secretary shall issue a final order within 120 

23 days. Until the issuance of a final order, such 

24 hearing may be terminated at any time on the 

25 basis of a settlement agreement entered into by 
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1 the Secretary, the complainant, and the re2 spondent. 

3 ‘‘(B)(i) If, in response to a complaint filed 

4 under paragraph (3), the Secretary determines that 

5 a violation of paragraph (1) or (2) has occurred, in 

6 issuing an order under subparagraph (A)(iv), the 

7 Secretary shall require— 

8 ‘‘(I) the person who committed such viola9 tion to correct the violation; 

10 ‘‘(II) such person to reinstate the com11 plainant to the complainant’s former position 

12 together with the compensation (including back13 pay), terms, conditions, and privileges of the 

14 complainant’s employment; and 

15 ‘‘(III) such person to pay compensatory 

16 damages. 

17 ‘‘(ii) On issuing an order requiring a remedy 

18 described in clause (i), the Secretary, at the request 

19 of the complainant, may assess against the person 

20 against whom the order is issued a sum equal to the 

21 aggregate amount of all costs and expenses (includ22 ing attorney’s fees) reasonably incurred, as deter23 mined by the Secretary, by the complainant for, or 

24 in connection with a complaint upon which the order 

25 was issued. 
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1 ‘‘(5)(A) Any person adversely affected or ag2 grieved by an order issued after a hearing conducted 

3 under paragraph (4)(A) may obtain review of the 

4 order in the United States Court of Appeals for the 

5 circuit in which the violation, with respect to which 

6 the order was issued, allegedly occurred, or the cir7 cuit in which such person resided on the date of 

8 such violation. The petition for review shall be filed 

9 within 60 days after the issuance of the Secretary’s 

10 order. Such review shall be conducted in accordance 

11 with the provisions of chapter 7 of title 5, United 

12 States Code. The court shall conduct the review and 

13 issue a decision expeditiously. 

14 ‘‘(B) If a person fails to comply with an order 

15 issued under paragraph (4)(A), the Secretary shall 

16 file a civil action in the United States district court 

17 for the district in which the violation was found to 

18 occur in order to enforce such order. In actions 

19 brought under this subparagraph, the district court 

20 shall have jurisdiction to grant all appropriate relief, 

21 including injunctive relief, reinstatement, and com22 pensatory damages. 

23 ‘‘(6) The legal burdens of proof set forth in sec24 tion 1221(e) of title 5, United States Code, shall 
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1 govern adjudication of violations under this sub2 section.’’. 

3 SEC. 204. RELATION TO ENFORCEMENT. 

4 Section 17(j) (29 U.S.C. 666(j)) is amended by in5 serting before the period the following: ‘‘, including the 

6 history of violations, under section 11(c)’’. 

7 TITLE III—INCREASING 

8 PENALTIES FOR VIOLATORS 

9 SEC. 301. POSTING OF EMPLOYEE RIGHTS. 

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

11 adding at the end the following new sentence: ‘‘Such regu12 lations shall include provisions requiring employers to post 

13 for employees information on the protections afforded 

14 under section 11(c).’’. 

15 SEC. 302. INVESTIGATIONS OF FATALITIES AND SERIOUS 

16 INCIDENTS. 

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

18 the end the following new subsection: 

19 ‘‘(i)(1) The Secretary shall investigate any incident 

20 resulting in death or serious incident, that occurs in a 

21 place of employment covered by this Act. 

22 ‘‘(2) If an incident resulting in death or serious inci23 dent occurs in a place of employment covered by this Act, 

24 the employer shall notify the Secretary of the incident in25 volved and shall take appropriate measures to prevent the 
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1 destruction or alteration of any evidence that would assist 

2 in investigating the incident. The appropriate measures re3 quired by this paragraph do not prevent an employer from 

4 taking action on a worksite to prevent injury to employees 

5 or substantial damage to property. If an employer takes 

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

7 action in a timely fashion. 

8 ‘‘(3) In this subsection the followng definitions apply: 

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) SERIOUS INCIDENT.—The term ‘serious 

13 incident’ means an incident that results in the hos14 pitalization of 2 or more employees.’’. 

15 SEC. 303. PROHIBITION ON UNCLASSIFIED CITATIONS. 

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

17 the end the following: 

18 ‘‘(d) The Secretary may not designate a citation 

19 issued under this section as an unclassified citation.’’. 

20 SEC. 304. VICTIMS’ RIGHTS. 

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

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

23 ‘‘SEC. 9A. VICTIM’S RIGHTS. 

24 ‘‘(a) DEFINITION.—In this section, the term ‘victim’ 

25 means— 
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1 ‘‘(1) an employee who has sustained a work-re2 lated injury or illness that is the subject of an in3 spection or investigation conducted under section 8, 

4 or 

5 ‘‘(2) a family member of an employee, if— 

6 ‘‘(A) the employee is killed as a result of 

7 a work-related injury or illness that is the sub8 ject of an inspection or investigation conducted 

9 under section 8; or 

10 ‘‘(B) the employee sustains a work-related 

11 injury or illness that is the subject of an inspec12 tion or investigation conducted under section 8, 

13 and the employee cannot reasonably exercise 

14 the employee’s rights under this section. 

15 ‘‘(b) RIGHTS.—On request, a victim shall be afforded 

16 the right, with respect to a work-related injury or illness 

17 (including a death resulting from a work-related injury or 

18 illness) involving an employee, to— 

19 ‘‘(1) meet with the Secretary, or an authorized 

20 representative of the Secretary, regarding the in21 spection or investigation conducted under section 8 

22 concerning the employee’s injury or illness before the 

23 Secretary’s decision to issue a citation or take no ac24 tion; and 
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1 ‘‘(2)(A) receive, at no cost, a copy of any cita2 tion or report, issued as a result of such inspection 

3 or investigation, on the later of the date the citation 

4 or report is issued and the date of the request; 

5 ‘‘(B) be informed of any notice of contest filed 

6 under section 10; and 

7 ‘‘(C) be provided an explanation of the rights of 

8 employee and employee representatives to participate 

9 in proceedings conducted under section 10. 

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

11 into an agreement to withdraw or modify a citation issued 

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

13 resulting in death or serious incident under section 8, the 

14 Secretary, on request, shall provide an opportunity to the 

15 victim to appear and make a statement before the parties 

16 conducting settlement negotiations. 

17 ‘‘(d) NOTIFICATION AND REVIEW.—The Secretary 

18 shall establish procedures— 

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

20 section; and 

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

22 denial of such a right.’’. 

23 SEC. 305. RIGHT TO CONTEST CITATIONS AND PENALTIES. 

24 The first sentence of section 10(c) (29 U.S.C. 659(c)) 

25 is amended— 
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1 (1) by inserting after ‘‘the issuance of a cita2 tion’’ the following: ‘‘(including a modification of a 

3 citation issued)’’; and 

4 (2) by inserting after ‘‘files a notice with the 

5 Secretary alleging’’ the following: ‘‘that the citation 

6 fails properly to designate the violation as serious, 

7 willful, or repeated, that the proposed penalty is not 

8 adequate, or’’. 

9 SEC. 306. OBJECTIONS TO MODIFICATION OF CITATIONS. 

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

11 at the end the following new subsection: 

12 ‘‘(d)(1) If the Secretary intends to withdraw or to 

13 modify a citation issued under section 9(a) as a result of 

14 any agreement with the cited employer, the Secretary shall 

15 provide (in accordance with rules of procedure prescribed 

16 by the Commission) prompt notice to affected employees 

17 or representatives of affected employees, and that notice 

18 shall include the terms of the proposed agreement. 

19 ‘‘(2) Not later than 15 working days after the receipt 

20 of a notice provided in accordance with paragraph (1), any 

21 employee or representative of employees, regardless of 

22 whether such employee or representative has previously 

23 elected to participate in the proceedings involved, shall 

24 have the right to file a notice with the Secretary alleging 

25 that the proposed agreement fails to effectuate the pur-
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1 poses of this Act and stating the respects in which the 

2 agreement fails to effectuate the purposes. 

3 ‘‘(3) Upon receipt of a notice filed under paragraph 

4 (2), the Secretary shall consider the statements presented 

5 in the notice, and if the Secretary determines to proceed 

6 with the proposed agreement, the Secretary shall respond 

7 with particularity to the statements presented in the no8 tice. 

9 ‘‘(4) Not later than 15 working days following the 

10 Secretary’s response provided pursuant to paragraph (3), 

11 the employee or representative of employees shall, on mak12 ing a request to the Commission, be entitled to a hearing 

13 before the Commission as to whether adoption of the pro14 posed agreement would effectuate the purposes of this Act, 

15 including a determination as to whether the proposed 

16 agreement would adequately abate the alleged violations 

17 alleged in the citation. 

18 ‘‘(5) If the Commission determines that the proposed 

19 agreement fails to effectuate the purposes of this Act, the 

20 proposed agreement shall not be entered as an order of 

21 the Commission and the citation shall not be withdrawn 

22 or modified in accordance with the proposed agreement.’’. 

23 SEC. 307. CIVIL PENALTIES. 

24 Section 17 (29 U.S.C. 666) is amended— 

25 (1) in subsection (a)— 
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1 (A) by striking ‘‘$70,000’’ and inserting 

2 ‘‘$100,000’’; 

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

4 ‘‘$7,000’’; and 

5 (C) by adding at the end the following: ‘‘If 

6 such a violation causes the death of an em7 ployee, such civil penalty amounts shall be in8 creased to not more than $250,000 for such 

9 violation, but not less than $50,000 for such 

10 violation.’’; 

11 (2) in subsection (b)— 

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

13 ‘‘$10,000’’; and 

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

15 such a violation causes the death of an em16 ployee, such civil penalty amounts shall be in17 creased to not more than $50,000 for such vio18 lation, but not less than $20,000 for such viola19 tion.’’; 

20 (3) in subsection (c)— 

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

22 ‘‘$10,000’’; and 

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

24 such a violation causes the death of an em25 ployee, such civil penalty amounts shall be in-
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1 creased to not more than $50,000 for such vio2 lation, but not less than $20,000 for such viola3 tion.’’; 

4 (4) in subsection (d)— 

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

6 ‘‘$10,000’’; and 

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

8 such a violation causes the death of an em9 ployee, such civil penalty amounts shall be in10 creased to not more than $50,000 for such vio11 lation, but not less than $20,000 for such viola12 tion.’’; and 

13 (5) in subsection (i), by striking ‘‘$7,000’’ and 

14 inserting ‘‘$10,000’’. 

15 SEC. 308. OSHA CRIMINAL PENALTIES. 

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

17 amended by section 307) is further amended— 

18 (1) in subsection (e)— 

19 (A) by striking ‘‘fine of not more than 

20 $10,000’’ and inserting ‘‘fine in accordance 

21 with section 3571 of title 18, United States 

22 Code,’’; 

23 (B) by striking ‘‘six months’’ and inserting 

24 ‘‘10 years’’; 
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1 (C) by inserting ‘‘under this subsection or 

2 subsection (i)’’ after ‘‘first conviction of such 

3 person’’; 

4 (D) by striking ‘‘fine of not more than 

5 $20,000’’ and inserting ‘‘fine in accordance 

6 with section 3571 of title 18, United States 

7 Code,’’; and 

8 (E) by striking ‘‘one year’’ and inserting 

9 ‘‘20 years’’; 

10 (2) in subsection (f), by striking ‘‘fine of not 

11 more than $1,000 or by imprisonment for not more 

12 than six months,’’ and inserting ‘‘fine in accordance 

13 with section 3571 of title 18, United States Code, or 

14 by imprisonment for not more than 2 years,’’; 

15 (3) in subsection (g), by striking ‘‘fine of not 

16 more than $10,000, or by imprisonment for not 

17 more than six months,’’ and inserting ‘‘fine in ac18 cordance with section 3571 of title 18, United States 

19 Code, or by imprisonment for not more than 1 

20 year,’’; 

21 (4) by redesignating subsections (i) through (l) 

22 as subsections (j) through (m), respectively; and 

23 (5) by inserting after subsection (h) the fol24 lowing: 
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1 ‘‘(i) Any employer who willfully violates any standard, 

2 rule, or order promulgated pursuant to section 6, or any 

3 regulation prescribed pursuant to this Act, and that viola4 tion causes serious bodily injury to any employee but does 

5 not cause death to any employee, shall, upon conviction, 

6 be punished by a fine in accordance with section 3571 of 

7 title 18, United States Code, or by imprisonment for not 

8 more than 5 years, or by both, except that if the conviction 

9 is for a violation committed after a first conviction of such 

10 person under this subsection or subsection (e), punishment 

11 shall be by a fine in accordance with section 3571 of title 

12 18, United States Code, or by imprisonment for not more 

13 than 10 years, or by both.’’. 

14 (b) DEFINITION.—Section 3 (29 U.S.C. 652) is 

15 amended by adding at the end the following: 

16 ‘‘(15) The term ‘serious bodily injury’ means 

17 bodily injury that involves— 

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

19 ‘‘(B) protracted unconsciousness; 

20 ‘‘(C) protracted and obvious physical dis21 figurement; or 

22 ‘‘(D) protracted loss or impairment, of the 

23 function of a bodily member, organ, or mental 

24 faculty.’’. 
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1 (c) JURISDICTION FOR PROSECUTION UNDER STATE

2 AND LOCAL CRIMINAL LAWS.—Section 17 (29 U.S.C. 

3 666) (as amended by subsection (a)) is further amended 

4 by adding at the end the following: 

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

6 local law enforcement agency from conducting criminal 

7 prosecutions in accordance with the laws of such State or 

8 locality.’’. 

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

10 U.S.C. 666) (as amended by subsection (c)) is further 

11 amended by adding at the end the following: 

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

13 penalties shall be adjusted by the Secretary at least once 

14 during each 4-year period to account for the percentage 

15 increase or decrease in the Consumer Price Index for all 

16 urban consumers during such period.’’. 

17 TITLE IV—REQUIRING EMPLOY18 ERS TO PROVIDE PERSONAL 

19 PROTECTIVE EQUIPMENT 

20 SEC. 401. REQUIREMENT. 

21 Section 6(b) (29 U.S.C. 655(b)), as amended by sec22 tion 102(b), is further amended by adding at the end the 

23 following: 

24 ‘‘(10)(A) In this paragraph, the term ‘personal pro25 tective equipment’ means personal protective equipment as 
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1 such term is defined for purposes of section 1910.132(a) 

2 of title 29, Code of Federal Regulations (or any cor3 responding similar regulation or ruling). 

4 ‘‘(B)(i) Not later than 30 days after the date of en5 actment of the Protecting America’s Workers Act, the 

6 Secretary shall amend section 1910.132(a) of title 29, 

7 Code of Federal Regulations, to provide that protective 

8 equipment shall be provided at no cost to the employee. 

9 ‘‘(ii) In promulgating any standard under this section 

10 that requires protective equipment, the Secretary shall 

11 specify that the protective equipment shall be provided at 

12 no cost to the employee.’’. 

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