I

106TH CONGRESS

1ST SESSION H. R. 1851

To amend the Occupational Safety and Health Act of 1970 to enhance

protections for employees reporting workplace hazards to the Occupational Safety and Health Administration.

IN THE HOUSE OF REPRESENTATIVES

MAY 18, 1999

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

MARTINEZ, Mr. PAYNE, Mr. KUCINICH, and Ms. WOOLSEY) 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 enhance protections for employees reporting workplace

hazards to the Occupational Safety and Health Administration.

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; REFERENCE.

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

5 ‘‘Hazard Reporting Protection Act of 1999’’.

6 (b) REFERENCE.—Whenever in this Act an amend7 ment or repeal is expressed in terms of an amendment
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1 to, or repeal of, a section or other provision, the reference

2 shall be considered to be made in a section or other provi3 sion of the Occupational Safety and Health Act of 1970

4 (29 U.S.C. 651 et seq.)

5 SEC. 2. EMPLOYEE ACTIONS.

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

7 adding at the end the following: ‘‘including reporting any

8 injury, illness or unsafe condition.’’

9 SEC. 3. PROHIBITION OF DISCRIMINATION.

10 Section 11(c) (29 U.S.C. 660(c)) is amended by strik11 ing out paragraph (2) and inserting in lieu thereof the

12 following:

13 ‘‘(2) No person shall discharge or in any man14 ner discriminate against an employee for refusing to

15 perform the employee’s duties when the employee

16 has a reasonable apprehension that performing such

17 duties would result in serious injury or serious im18 pairment of health to the employee or other employ19 ees. The circumstances causing the employee’s ap20 prehension of serious injury must be of such a na21 ture that a reasonable person would conclude that

22 there is a danger of serious injury or serious impair23 ment of health. In order to qualify for protection,

24 where possible, the employee must have commu25 nicated to his employer the danger perceived.’’.
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1 SEC. 4. PROCEDURE.

2 Section 11(c) (29 U.S.C. 660(c)) is amended by strik3 ing out paragraph (3) and inserting in lieu thereof the

4 following:

5 ‘‘(3) Any employee who believes that he has

6 been discharged, disciplined, or otherwise discrimi7 nate against in violation of paragraph (1) or (2)

8 may, within 180 days after such alleged violation oc9 curs, file (or have filed by any person on the employ10 ee’s behalf) a complaint with the Secretary alleging

11 such discharge, discipline, or discrimination. Upon

12 receipt of such a complaint, the Secretary shall no13 tify the person named in the complaint of the filing

14 of the complaint.

15 ‘‘(4)(A) Within 90 days of receipt of a com16 plaint filed under paragraph (3), the Secretary shall

17 conduct an investigation and determine whether

18 there is reasonable cause to believe that the com19 plaint has merit and notify the complainant and the

20 person alleged to have committed the violation of

21 paragraph (1) or (2) of the Secretary’s findings.

22 Where the Secretary has concluded that there is rea23 sonable cause to believe that a violation has oc24 curred, the Secretary’s findings shall be accom25 panied by a preliminary order providing the relief

26 prescribed by paragraph (D).
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1 ‘‘Thereafter,

2 ‘‘(i) the person alleged to have committed

3 the violation or the complainant may, within 30

4 days, file objections to the findings or prelimi5 nary order, or both, and request a hearing on

6 the record, except that the filing of such objec7 tions shall not operate to stay any reinstate8 ment remedy contained in the preliminary

9 order.

10 ‘‘(ii) Where a hearing is not timely re11 quested, the preliminary order shall be deemed

12 a final order which is not subject to judicial re13 view.

14 ‘‘(B) If the Secretary has not issued findings

15 under paragraph (4)(A) within 90 days, and the em16 ployee or representative of the employee files a re17 quest for a hearing with the Secretary, the Secretary

18 shall afford an opportunity for a hearing on the

19 record.

20 ‘‘(C) When requested, a hearing shall be con21 ducted by an administrative law judge of the De22 partment of Labor and a recommended decision and

23 order issued expeditiously. The legal burdens of

24 proof that prevail under section 1221 of title 5,

25 United States Code, shall govern adjudication of vio-
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1 lations under this subsection. The Secretary shall

2 issue a final order within 120 days of the issuance

3 of the recommended decision. In the interim, such

4 proceedings may be terminated at any time on the

5 basis of a settlement agreement entered into by the

6 Secretary, the complainant, and the person alleged

7 to have committed the violation.

8 ‘‘(D) If, in response to a complaint filed under

9 paragraph (3), the Secretary determines that a vio10 lation of paragraphs (1) or (2) has occurred, the

11 Secretary may order—

12 ‘‘(i) the person who committed such viola13 tion to correct the violation,

14 ‘‘(ii) such person to reinstate the complain15 ant to the complainant’s former position to16 gether with the compensation (including back

17 pay), terms, conditions, and privileges of the

18 position,

19 ‘‘(iii) compensatory damages, and

20 ‘‘(iv) exemplary damages.

21 Upon issuance of such an order, the Secretary may

22 assess against the person against whom the order is

23 issued a sum equal to the aggregate amount of all

24 costs and expenses (including attorney’s fees and ex25 pert witness fees) reasonably incurred, as deter-
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1 mined by the Secretary, by the complainant for, or

2 in connection with, the bringing of the complaint

3 upon which the order was issued, including costs and

4 expenses incurred upon review before a court of ap5 peals.

6 ‘‘(E) In conducting an investigation or adju7 dication under this paragraph, the provisions of sec8 tion 8(b) of this act shall apply.

9 ‘‘(5)(A) Any person adversely affected or ag10 grieved by a final order issued under paragraph

11 (4)(C) may obtain review of the order before the

12 United States court of appeals for the circuit in

13 which the violation, with respect to which the order

14 was issued, occurred, or the circuit in which such

15 person resided on the date of such violation. The pe16 tition for review must be filed within 60 days from

17 the issuance of the Secretary’s order. Such review

18 shall be in accordance with the provisions of chapter

19 7 of title 5, United States Code. An order of the

20 Secretary subject to review under this subsection is

21 not subject to judicial review in a criminal or other

22 civil proceeding. The commencement proceedings

23 under this subsection shall not, unless ordered by

24 the court, operate as a stay of the order of the Sec25 retary.
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1 ‘‘(B) Whenever a person has failed to comply

2 with a final order or an order of reinstatement

3 issued under paragraph (4), the Secretary or the

4 person on behalf of whom the order was issued may

5 file a civil action in the United States district court

6 for the district in which the violation was found to

7 occur in order to enforce such order. In actions

8 brought under this subparagraph, the district court

9 shall have jurisdiction to grant additional appro10 priate relief in light of the noncompliance.’’.

11 SEC. 5. EFFECTIVE DATE.

12 This Act shall take effect ninety days after the date

13 of enactment of this Act.

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