I 

118TH CONGRESS 

1ST SESSION H. R. 5792 

To provide whistleblower protections to certain workers in the offshore oil 

and gas industry. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2023 

Mr. DESAULNIER introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To provide whistleblower protections to certain workers in 

the offshore oil and gas industry. 

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 ‘‘Offshore Oil and Gas 

5 Worker Whistleblower Protection Act’’. 

6 SEC. 2. WHISTLEBLOWER PROTECTIONS; EMPLOYEE PRO7 TECTION FROM OTHER RETALIATION. 

8 (a) PROHIBITION AGAINST RETALIATION.—No em9 ployer may discharge or otherwise discriminate against a 

10 covered employee because the covered employee, whether 


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1 at the covered employee’s initiative or in the ordinary 

2 course of the covered employee’s duties— 

3 (1) provided, caused to be provided, or is about 

4 to provide or cause to be provided to the employer 

5 or to a Federal or State Government official, infor6 mation relating to any violation of, or any act or 

7 omission the covered employee reasonably believes to 

8 be a violation of, any provision of the Outer Conti9 nental Shelf Lands Act (43 U.S.C. 1301 et seq.), or 

10 any order, rule, regulation, standard, or prohibition 

11 under that Act, or exercised any rights provided to 

12 employees under that Act; 

13 (2) testified or is about to testify in a pro14 ceeding concerning such violation; 

15 (3) assisted or participated or is about to assist 

16 or participate in such a proceeding; 

17 (4) testified or is about to testify before Con18 gress on any matter covered by such Act; 

19 (5) objected to, or refused to participate in any 

20 activity, policy, practice, or assigned task that the 

21 covered employee reasonably believed to be in viola22 tion of any provision of such Act, or any order, rule, 

23 regulation, standard, or ban under such Act; 

24 (6) reported to the employer or a State or Fed25 eral Government official an illness, injury, unsafe 


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1 condition, or information regarding the adequacy of 

2 any oil spill response plan required by law related to 

3 the employer’s activities described in section 3(1); or 

4 (7) refused to perform the covered employee’s 

5 duties, or exercised stop work authority, related to 

6 the employer’s activities described in section 3(1) if 

7 the covered employee had a reasonable belief that 

8 performing such duties could result in injury to or 

9 impairment of the health of the covered employee or 

10 other employees, or cause an oil spill to the environ11 ment. 

12 (b) PROCESS.— 

13 (1) IN GENERAL.—A covered employee who be14 lieves that he or she has been discharged or other15 wise discriminated against (hereafter referred to as 

16 the ‘‘complainant’’) by any employer in violation of 

17 subsection (a)(1) may, not later than 180 days after 

18 the date on which such alleged violation occurs or 

19 the date on which the covered employee knows or 

20 should reasonably have known that such alleged vio21 lation occurred, file (or have any person file on his 

22 or her behalf) a complaint with the Secretary of 

23 Labor (referred to in this section as the ‘‘Sec24 retary’’) alleging such discharge or discrimination 

25 and identifying employer or employers responsible 


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1 for such act. Upon receipt of such a complaint, the 

2 Secretary shall notify, in writing, the employer or 

3 employers named in the complaint of the filing of 

4 the complaint, of the allegations contained in the 

5 complaint, of the substance of evidence supporting 

6 the complaint, and of the opportunities that will be 

7 afforded to such person under paragraph (2). 

8 (2) INVESTIGATION.— 

9 (A) IN GENERAL.—Not later than 90 days 

10 after the date of receipt of a complaint filed 

11 under paragraph (1) the Secretary shall initiate 

12 an investigation and determine whether there is 

13 reasonable cause to believe that the complaint 

14 has merit and notify, in writing, the complain15 ant and the employer or employers alleged to 

16 have committed a violation of subsection (a)(1) 

17 of the Secretary’s findings. The Secretary shall, 

18 during such investigation afford the complain19 ant and the employer or employers named in 

20 the complaint an opportunity to submit to the 

21 Secretary a written response to the complaint 

22 and an opportunity to meet with a representa23 tive of the Secretary to present statements from 

24 witnesses. The complainant shall be provided 

25 with an opportunity to review the information 


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1 and evidence provided by employer or employers 

2 to the Secretary, and to review any response or 

3 rebuttal by such the complaint, as part of such 

4 investigation. 

5 (B) REASONABLE CAUSE FOUND; PRELIMI6 NARY ORDER.—If the Secretary concludes that 

7 there is reasonable cause to believe that a viola8 tion of subsection (a)(1) has occurred, the Sec9 retary shall accompany the Secretary’s findings 

10 with a preliminary order providing the relief 

11 prescribed by paragraph (3)(B). 

12 (C) RIGHT OF PARTIES TO APPEAL.—Not 

13 later than 30 days after the date of notification 

14 of findings under this paragraph, the employer 

15 or employers alleged to have committed the vio16 lation or the complainant may file objections to 

17 the findings or preliminary order, or both, in18 cluding the dismissal of the complaint, in whole 

19 or in part, and request a hearing on the record 

20 before an administrative law judge of the De21 partment of Labor. Any such hearing shall be 

22 conducted expeditiously. If a hearing is not re23 quested in such 30-day period, the preliminary 

24 order shall be deemed a final order that is not 

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1 jections shall not operate to stay any reinstate2 ment remedy contained in the preliminary order 

3 issued under subparagraph (B). The Secretary 

4 of Labor is authorized to enforce preliminary 

5 reinstatement orders in the United States dis6 trict court for the district in which the violation 

7 was found to occur, or in the United States dis8 trict court for the District of Columbia. 

9 (D) DISMISSAL OF COMPLAINT.— 

10 (i) STANDARD FOR COMPLAINANT.— 

11 The Secretary shall dismiss a complaint 

12 filed under this subsection and shall not 

13 conduct an investigation otherwise required 

14 under subparagraph (A) unless the com15 plainant makes a prima facie showing that 

16 any behavior described in subparagraphs 

17 (A) through (G) of subsection (a)(1) was a 

18 contributing factor in the adverse action 

19 alleged in the complaint. 

20 (ii) STANDARD FOR EMPLOYER.—Not21 withstanding a finding by the Secretary 

22 that the complainant has made the show23 ing required under clause (i), no investiga24 tion otherwise required under subpara25 graph (A) shall be conducted if the emVerDate Sep 11 2014 04:32 Oct 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5792.IH H5792

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1 ployer demonstrates, by clear and con2 vincing evidence, that the employer would 

3 have taken the same adverse action in the 

4 absence of that behavior. 

5 (iii) VIOLATION STANDARD.—The 

6 Secretary may determine that a violation 

7 of subsection (a)(1) has occurred only if 

8 the complainant demonstrates that any be9 havior described in subparagraphs (A) 

10 through (G) of such subsection was a con11 tributing factor in the adverse action al12 leged in the complaint. 

13 (iv) RELIEF STANDARD.—Relief may 

14 not be ordered under subparagraph (A) if 

15 the employer demonstrates by clear and 

16 convincing evidence that the employer 

17 would have taken the same adverse action 

18 in the absence of that behavior. 

19 (3) ORDERS.— 

20 (A) IN GENERAL.—Not later than 90 days 

21 after the receipt of a request for a hearing 

22 under subsection (b)(2)(B), the administrative 

23 law judge shall issue findings of fact and order 

24 the relief provided under this paragraph or 

25 deny the complaint. At any time before issuance 


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1 of an order, a proceeding under this subsection 

2 may be terminated on the basis of a settlement 

3 agreement entered into by the Secretary, the 

4 complainant, and the person alleged to have 

5 committed the violation. Such a settlement may 

6 not be agreed by such parties if it contains con7 ditions which conflict with rights protected 

8 under this Act, are contrary to public policy, or 

9 include a restriction on a complainant’s right to 

10 future employment with employers other than 

11 the specific employers named in the complaint. 

12 (B) CONTENT OF ORDER.—If, in response 

13 to a complaint filed under paragraph (1), the 

14 administrative law judge determines that a vio15 lation of subsection (a)(1) has occurred, the ad16 ministrative law judge shall order the employer 

17 or employers who committed such violation to— 

18 (i) take affirmative action to abate the 

19 violation; 

20 (ii) reinstate the complainant to his or 

21 her former position together with com22 pensation (including double back pay and 

23 prejudgment interest) and restore the 

24 terms, conditions, and privileges associated 

25 with his or her employment; 


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1 (iii) expunge of all warnings, rep2 rimands, or derogatory references that 

3 have been placed in paper or electronic 

4 records or databases of any type relating 

5 to the actions by the complainant that 

6 gave rise to the unfavorable personnel ac7 tion, and, at the complainant’s direction, 

8 transmit a copy of the decision on the com9 plaint to any person whom the complainant 

10 reasonably believes may have received such 

11 unfavorable information; and 

12 (iv) provide compensatory and con13 sequential damages, and, as appropriate, 

14 exemplary damages to the complainant. 

15 (C) ATTORNEY FEES.—If such an order is 

16 issued under this paragraph, the Secretary, at 

17 the request of the complainant, shall assess 

18 against the employer or employers a sum equal 

19 to the aggregate amount of all costs and ex20 penses (including attorneys’ and expert witness 

21 fees) reasonably incurred by the complainant 

22 for, or in connection with, the bringing of the 

23 complaint upon which the order was issued at 

24 the conclusion of any stage of the proceeding. 


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1 (D) ADMINISTRATIVE APPEAL.—Not later 

2 than 30 days after the receipt of findings of 

3 fact or an order under subparagraph (B), the 

4 employer or employers alleged to have com5 mitted the violation or the complainant may 

6 file, with objections, an administrative appeal 

7 with the Secretary, who may designate such ap8 peal to a review board. In reviewing a decision 

9 and order of the administrative law judge, the 

10 Secretary shall affirm the decision and order if 

11 it is determined that the factual findings set 

12 forth therein are supported by substantial evi13 dence and the decision and order are made in 

14 accordance with applicable law. The Secretary 

15 shall issue a final decision and order affirming, 

16 or reversing, in whole or in part, the decision 

17 under review within 90 days after receipt of the 

18 administrative appeal under this subparagraph. 

19 If it is determined that a violation of subsection 

20 (a)(1) has occurred, the Secretary shall order 

21 relief provided under subparagraphs (B) and 

22 (C). Such decision shall constitute a final agen23 cy action with respect to the matter appealed. 

24 (4) ACTION IN COURT.— 


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1 (A) IN GENERAL.—If the Secretary has 

2 not issued a final decision within 330 days after 

3 the filing of the complaint, the complainant 

4 may bring an action at law or equity for de 

5 novo review in the appropriate district court of 

6 the United States, which action shall, at the re7 quest of either party to such action, be tried by 

8 the court with a jury. The proceedings shall be 

9 governed by the same legal burdens of proof 

10 specified in paragraph (2)(C). 

11 (B) RELIEF.—The court may award all 

12 appropriate relief including injunctive relief, 

13 compensatory and consequential damages, in14 cluding— 

15 (i) reinstatement with the same se16 niority status that the covered employee 

17 would have had, but for the discharge or 

18 discrimination; 

19 (ii) the amount of double back pay 

20 sufficient to make the covered employee 

21 whole, with prejudgment interest; 

22 (iii) expungement of all warnings, rep23 rimands, or derogatory references that 

24 have been placed in paper or electronic 

25 records or databases of any type relating 


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1 to the actions by the complainant that 

2 gave rise to the unfavorable personnel ac3 tion, and, at the complainant’s direction, 

4 transmission of a copy of the decision on 

5 the complaint to any person whom the 

6 complainant reasonably believes may have 

7 received such unfavorable information; 

8 (iv) exemplary damages, as appro9 priate; and 

10 (v) litigation costs, including reason11 able attorney fees and expert witness fees. 

12 (5) REVIEW.— 

13 (A) IN GENERAL.—Any person aggrieved 

14 by a final order issued under paragraph (3) or 

15 a judgment or order under paragraph (4) may 

16 obtain review of the order in the appropriate 

17 United States Court of Appeals. The petition 

18 for review must be filed not later than 60 days 

19 after the date of the issuance of the final order 

20 of the Secretary. Review shall be in accordance 

21 with chapter 7 of title 5, United States Code. 

22 The commencement of proceedings under this 

23 subparagraph shall not, unless ordered by the 

24 court, operate as a stay of the order. 


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1 (B) NO OTHER JUDICIAL REVIEW.—An 

2 order of the Secretary with respect to which re3 view could have been obtained under subpara4 graph (A) shall not be subject to judicial review 

5 in any other proceeding. 

6 (6) FAILURE TO COMPLY WITH ORDER.—When7 ever any employer has failed to comply with an order 

8 issued under paragraph (3), the Secretary may ob9 tain in a civil action in the United States district 

10 court for the district in which the violation was 

11 found to occur, or in the United States district court 

12 for the District of Columbia, all appropriate relief 

13 including, but not limited to, injunctive relief and 

14 compensatory damages. 

15 (7) CIVIL ACTION TO REQUIRE COMPLIANCE.— 

16 (A) IN GENERAL.—Whenever an employer 

17 has failed to comply with an order issued under 

18 paragraph (3), the complainant on whose behalf 

19 the order was issued may obtain in a civil ac20 tion in an appropriate United States district 

21 court against the employer to whom the order 

22 was issued, all appropriate relief. 

23 (B) AWARD.—The court, in issuing any 

24 final order under this paragraph, may award 

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1 neys’ and expert witness fees) to any party 

2 whenever the court determines such award is 

3 appropriate. 

4 (c) CONSTRUCTION.— 

5 (1) EFFECT ON OTHER LAWS.—Nothing in this 

6 section preempts or diminishes any other safeguards 

7 against discrimination, demotion, discharge, suspen8 sion, threats, harassment, reprimand, retaliation, or 

9 any other manner of discrimination provided by Fed10 eral or State law. 

11 (2) RIGHTS OF EMPLOYEES.—Nothing in this 

12 section shall be construed to diminish the rights, 

13 privileges, or remedies of any employee under any 

14 Federal or State law or under any collective bar15 gaining agreement. The rights and remedies in this 

16 section may not be waived by any agreement (includ17 ing an arbitration agreement), policy, form, or con18 dition of employment. 

19 (d) ENFORCEMENT OF NONDISCRETIONARY DU20 TIES.—Any nondiscretionary duty imposed by this section 

21 shall be enforceable in a mandamus proceeding brought 

22 under section 1361 of title 28, United States Code. 

23 (e) POSTING OF NOTICE AND TRAINING.—All em24 ployers shall post a notice which has been approved as to 

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1 spicuous location in the place of employment where cov2 ered employees frequent which explains employee rights 

3 and remedies under this section. Each employer shall pro4 vide training to covered employees of their rights under 

5 this section within 30 days of employment, and at not less 

6 than once every 12 months thereafter, and provide covered 

7 employees with a card which contains a toll free telephone 

8 number at the Department of Labor which covered em9 ployees can call to get information or file a complaint 

10 under this section. 

11 (f) DESIGNATION BY THE SECRETARY.—The Sec12 retary of Labor shall, within 30 days of the date of enact13 ment of this Act, designate by order the appropriate agen14 cy officials to receive, investigate, and adjudicate com15 plaints of violations of subsection (a)(1). 

16 SEC. 3. DEFINITIONS. 

17 As used in this Act, the following definitions apply: 

18 (1) The term ‘‘covered employee’’— 

19 (A) means an individual performing serv20 ices on behalf of an employer that is engaged 

21 in activities on or in waters above the Outer 

22 Continental Shelf related to— 

23 (i) supporting or carrying out explo24 ration, development, production, proc25 essing, or transportation of oil or gas; or 


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1 (ii) oil spill cleanup, emergency re2 sponse, environmental surveillance, protec3 tion, or restoration, or other oil spill activi4 ties related to occupational safety and 

5 health; and 

6 (B) includes an applicant for such employ7 ment. 

8 (2) The term ‘‘employer’’ means one or more 

9 individuals, partnerships, associations, corporations, 

10 trusts, unincorporated organizations, nongovern11 mental organizations, or trustees, and includes any 

12 agent, contractor, subcontractor, grantee, or consult13 ant of such employer. 

14 (3) The term ‘‘Outer Continental Shelf’’ has 

15 the meaning that the term ‘‘outer Continental Shelf’’ 

16 has in the Outer Continental Shelf Lands Act (43 

17 U.S.C. 1331 et seq.). 

Æ 


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