II 

109TH CONGRESS 

1ST SESSION S. 944 

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 SENATE OF THE UNITED STATES 

APRIL 28, 2005 

Mr. KENNEDY (for himself, Mr. CORZINE, Mr. DODD, Mr. HARKIN, Ms. MIKULSKI, Mr. BINGAMAN, Mrs. MURRAY, Mrs. CLINTON, Mr. FEINGOLD, 

Mr. DURBIN, and Mr. SCHUMER) introduced the following bill; which was 

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

and Pensions 

A BILL 

To amend the Occupational Safety and Health Act of 1970 

to expand coverage under the Act, to increase protections 

for whistleblowers, to increase penalties for 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, the reference shall be considered to be made to a 

6 section or other provision of the Occupational Safety and 

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

8 TITLE I—COVERAGE 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 is en26 forcing a standard or regulation affecting occupational 
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1 safety or health of some or all of the employees within 

2 that agency’s regulatory jurisdiction, and the Secretary 

3 determines that such a standard or regulation as promul4 gated and the manner in which the standard or regulation 

5 is being enforced provides protection to those employees 

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

7 those employees by this Act and the Secretary’s enforce8 ment of this Act, the Secretary may publish a certification 

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

10 that determination and the reasons for the determination 

11 and certify that the Secretary has ceded jurisdiction to 

12 that Federal agency with respect to the specified standard 

13 or regulation affecting occupational safety or health. In 

14 determining whether to cede jurisdiction to a Federal 

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

16 and conflicts between, health and safety requirements. 

17 Such certification shall remain in effect unless and until 

18 rescinded by the Secretary. 

19 ‘‘(2) The Secretary shall, by regulation, establish pro20 cedures by which any person who may be adversely af21 fected by a decision of the Secretary certifying that the 

22 Secretary has ceded jurisdiction to another Federal agency 

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

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

25 receipt of such a petition, the Secretary shall investigate 
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1 the matter involved and shall, within 90 days after receipt 

2 of the petition, publish a decision with respect to the peti3 tion in the Federal Register. 

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

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

6 the Secretary has ceded jurisdiction to another Fed7 eral agency pursuant to paragraph (1); or 

8 ‘‘(B) a decision of the Secretary denying a peti9 tion to rescind such a certification notice under 

10 paragraph (1), 

11 may, not later than 60 days after such decision is pub12 lished in the Federal Register, file a petition challenging 

13 such decision with the United States court of appeals for 

14 the circuit in which such person resides or such person 

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

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

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

18 Secretary’s decision shall be set aside if found to be arbi19 trary, capricious, an abuse of discretion, or otherwise not 

20 in accordance with law. 

21 ‘‘(4) Nothing in this Act shall apply to working condi22 tions covered by the Federal Mine Safety and Health Act 

23 of 1977 (30 U.S.C. 801 et seq.).’’. 
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1 TITLE II—INCREASING PROTEC2 TIONS FOR WHISTLE3 BLOWERS 

4 SEC. 201. EMPLOYEE ACTIONS. 

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

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

7 ‘‘, including reporting any injury, illness, or unsafe condi8 tion to the employer, agent of the employer, safety and 

9 health committee involved, or employee safety and health 

10 representative involved’’. 

11 SEC. 202. PROHIBITION OF DISCRIMINATION. 

12 Section 11(c) (29 U.S.C. 660(c)) is amended by strik13 ing paragraph (2) and inserting the following: 

14 ‘‘(2) No person shall discharge or in any manner dis15 criminate against an employee for refusing to perform the 

16 employee’s duties if the employee has a reasonable appre17 hension that performing such duties would result in seri18 ous injury to, or serious impairment of the health of, the 

19 employee or other employees. The circumstances causing 

20 the employee’s apprehension of serious injury or serious 

21 impairment of health shall be of such a nature that a rea22 sonable person, under the circumstances confronting the 

23 employee, would conclude that there is a bona fide danger 

24 of a serious injury, or serious impairment of health, result25 ing from the circumstances. In order to qualify for protec-
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1 tion under this paragraph, the employee, when practicable, 

2 shall have sought from the employee’s employer, and have 

3 been unable to obtain, a correction of the circumstances 

4 causing the refusal to perform the employee’s duties.’’. 

5 SEC. 203. PROCEDURE. 

6 Section 11(c) (29 U.S.C. 660(c)) is amended by strik7 ing paragraph (3) and inserting the following: 

8 ‘‘(3) Any employee who believes that the employee 

9 has been discharged, disciplined, or otherwise discrimi10 nated against by any person in violation of paragraph (1) 

11 or (2) may, within 180 days after such alleged violation 

12 occurs, file (or have filed by any person on the employee’s 

13 behalf) a complaint with the Secretary alleging that such 

14 discharge or discrimination violates paragraph (1) or (2). 

15 Upon receipt of such a complaint, the Secretary shall no16 tify the person named in the complaint (referred to in this 

17 subsection as the ‘respondent’) of the filing of the com18 plaint. 

19 ‘‘(4)(A)(i) Not later than 60 days after the receipt 

20 of a complaint filed under paragraph (3), the Secretary 

21 shall conduct an investigation and determine whether 

22 there is reasonable cause to believe that the complaint has 

23 merit. During the investigation, the Secretary shall notify 

24 the respondent of the charges made in the complaint, and 

25 shall provide such person with an opportunity to meet with 
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1 the inspector conducting the investigation, to submit a re2 sponse to such charges, and to present witnesses to rebut 

3 such charges. The Secretary shall also consider the result 

4 of any grievance proceeding provided for in a collective 

5 bargaining agreement, that may have been held with re6 spect to such charges. Upon completion of the investiga7 tion, the Secretary shall issue findings and notify the com8 plainant and the respondent of the Secretary’s findings. 

9 If the Secretary has concluded that there is reasonable 

10 cause to believe that a violation has occurred, the Sec11 retary’s findings shall be accompanied by a preliminary 

12 order providing the relief prescribed by subparagraph (B). 

13 ‘‘(ii)(I) Not later than 30 days after the Secretary 

14 has issued findings under clause (i), either the respondent 

15 or the complainant may file objections to the findings or 

16 preliminary order, and request a hearing on the record, 

17 except that the filing of such objections shall not operate 

18 to stay any reinstatement remedy contained in the prelimi19 nary order. 

20 ‘‘(II) If a hearing described in subclause (I) is not 

21 requested in the 30-day period described in such subclause 

22 with respect to a preliminary order, the order shall be 

23 deemed to be a final order and not subject to judicial re24 view. 
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1 ‘‘(iii) If the Secretary does not issue findings under 

2 clause (i) with respect to a complaint within 90 days after 

3 the receipt of the complaint, the complainant may request 

4 a hearing on the record on the complaint. 

5 ‘‘(iv) The Secretary shall expeditiously conduct a 

6 hearing requested under clause (ii) or (iii). Upon the con7 clusion of such hearing, the Secretary shall issue a final 

8 order within 120 days. Until the issuance of a final order, 

9 such hearing may be terminated at any time on the basis 

10 of a settlement agreement entered into by the Secretary, 

11 the complainant, and the respondent. 

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

13 paragraph (3), the Secretary determines that a violation 

14 of paragraph (1) or (2) has occurred, in issuing an order 

15 under subparagraph (A)(iv), the Secretary shall require— 

16 ‘‘(I) the person who committed such violation to 

17 correct the violation; 

18 ‘‘(II) such person to reinstate the complainant 

19 to the complainant’s former position together with 

20 the compensation (including backpay), terms, condi21 tions, and privileges of the complainant’s employ22 ment; and 

23 ‘‘(III) such person to pay compensatory dam24 ages. 
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1 ‘‘(ii) On issuing an order requiring a remedy de2 scribed in clause (i), the Secretary, at the request of the 

3 complainant, may assess against the person against whom 

4 the order is issued a sum equal to the aggregate amount 

5 of all costs and expenses (including attorney’s fees) rea6 sonably incurred, as determined by the Secretary, by the 

7 complainant for, or in connection with a complaint upon 

8 which the order was issued. 

9 ‘‘(5)(A) Any person adversely affected or aggrieved 

10 by an order issued after a hearing conducted under para11 graph (4)(A) may obtain review of the order in the United 

12 States Court of Appeals for the circuit in which the viola13 tion, with respect to which the order was issued, allegedly 

14 occurred, or the circuit in which such person resided on 

15 the date of such violation. The petition for review shall 

16 be filed within 60 days after the issuance of the Sec17 retary’s order. Such review shall be conducted in accord18 ance with the provisions of chapter 7 of title 5, United 

19 States Code. The court shall conduct the review and issue 

20 a decision expeditiously. 

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

22 under paragraph (4)(A), the Secretary shall file a civil ac23 tion in the United States district court for the district in 

24 which the violation was found to occur in order to enforce 

25 such order. In actions brought under this subparagraph, 
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1 the district court shall have jurisdiction to grant all appro2 priate relief, including injunctive relief, reinstatement, and 

3 compensatory damages. 

4 ‘‘(6) The legal burdens of proof set forth in section 

5 1221(e) of title 5, United States Code, shall govern adju6 dication of violations under this subsection.’’. 

7 SEC. 204. RELATION TO ENFORCEMENT. 

8 Section 17(j) (29 U.S.C. 666(j)) is amended by in9 serting before the period the following: ‘‘, including the 

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

11 TITLE III—INCREASING 

12 PENALTIES FOR VIOLATORS 

13 SEC. 301. POSTING OF EMPLOYEE RIGHTS. 

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

15 adding at the end the following new sentence: ‘‘Such regu16 lations shall include provisions requiring employers to post 

17 for employees information on the protections afforded 

18 under section 11(c).’’. 

19 SEC. 302. INVESTIGATIONS OF FATALITIES AND SERIOUS 

20 INCIDENTS. 

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

22 the end the following new subsection: 

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

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

25 place of employment covered by this Act. 
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1 ‘‘(2) If an incident resulting in death or serious inci2 dent occurs in a place of employment covered by this Act, 

3 the employer shall notify the Secretary of the incident in4 volved and shall take appropriate measures to prevent the 

5 destruction or alteration of any evidence that would assist 

6 in investigating the incident. The appropriate measures re7 quired by this paragraph do not prevent an employer from 

8 taking action on a worksite to prevent injury to employees 

9 or substantial damage to property. If an employer takes 

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

11 action in a timely fashion. 

12 ‘‘(3) In this subsection: 

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

14 term ‘incident resulting in death’ means an incident 

15 that results in the death of an employee. 

16 ‘‘(B) SERIOUS INCIDENT.—The term ‘serious 

17 incident’ means an incident that results in the hos18 pitalization of 2 or more employees.’’. 

19 SEC. 303. PROHIBITION ON UNCLASSIFIED CITATIONS. 

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

21 the end the following: 

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

23 issued under this section as an unclassified citation.’’. 
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1 SEC. 304. VICTIMS’ RIGHTS. 

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

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

4 ‘‘SEC. 9A. VICTIM’S RIGHTS. 

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

6 means— 

7 ‘‘(1) an employee who has sustained a work-re8 lated injury or illness that is the subject of an in9 spection or investigation conducted under section 8, 

10 or 

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

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

13 a work-related injury or illness that is the sub14 ject of an inspection or investigation conducted 

15 under section 8; or 

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

17 injury or illness that is the subject of an inspec18 tion or investigation conducted under section 8, 

19 and the employee cannot reasonably exercise 

20 the employee’s rights under this section. 

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

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

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

24 illness) involving an employee, to— 

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

26 representative of the Secretary, regarding the in-
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1 spection or investigation conducted under section 8 

2 concerning the employee’s injury or illness before the 

3 Secretary’s decision to issue a citation or take no ac4 tion; and 

5 ‘‘(2)(A) receive, at no cost, a copy of any cita6 tion or report, issued as a result of such inspection 

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

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

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

10 under section 10; and 

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

12 employee and employee representatives to participate 

13 in proceedings conducted under section 10. 

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

15 into an agreement to withdraw or modify a citation issued 

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

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

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

19 victim to appear and make a statement before the parties 

20 conducting settlement negotiations. 

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

22 shall establish procedures— 

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

24 section; and 
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1 ‘‘(2) for the informal review of any claim of a 

2 denial of such a right.’’. 

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

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

5 is amended— 

6 (1) by inserting after ‘‘the issuance of a cita7 tion’’ the following: ‘‘(including a modification of a 

8 citation issued)’’; and 

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

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

11 fails properly to designate the violation as serious, 

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

13 adequate, or’’. 

14 SEC. 306. OBJECTIONS TO MODIFICATION OF CITATIONS. 

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

16 at the end the following new subsection: 

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

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

19 any agreement with the cited employer, the Secretary shall 

20 provide (in accordance with rules of procedure prescribed 

21 by the Commission) prompt notice to affected employees 

22 or representatives of affected employees, and that notice 

23 shall include the terms of the proposed agreement. 

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

25 of a notice provided in accordance with paragraph (1), any 
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1 employee or representative of employees, regardless of 

2 whether such employee or representative has previously 

3 elected to participate in the proceedings involved, shall 

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

5 that the proposed agreement fails to effectuate the pur6 poses of this Act and stating the respects in which the 

7 agreement fails to effectuate the purposes. 

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

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

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

11 with the proposed agreement, the Secretary shall respond 

12 with particularity to the statements presented in the no13 tice. 

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

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

16 the employee or representative of employees shall, on mak17 ing a request to the Commission, be entitled to a hearing 

18 before the Commission as to whether adoption of the pro19 posed agreement would effectuate the purposes of this Act, 

20 including a determination as to whether the proposed 

21 agreement would adequately abate the alleged violations 

22 alleged in the citation. 

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

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

25 proposed agreement shall not be entered as an order of 
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1 the Commission and the citation shall not be withdrawn 

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

3 SEC. 307. CIVIL PENALTIES. 

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

5 (1) in subsection (a)— 

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

7 ‘‘$100,000’’; 

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

9 ‘‘$7,000’’; and 

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

11 such a violation causes the death of an em12 ployee, such civil penalty amounts shall be in13 creased to not more than $250,000 for such 

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

15 violation.’’; 

16 (2) in subsection (b)— 

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

18 ‘‘$10,000’’; and 

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

20 such a violation causes the death of an em21 ployee, such civil penalty amounts shall be in22 creased to not more than $50,000 for such vio23 lation, but not less than $20,000 for such viola24 tion.’’; 

25 (3) in subsection (c)— 
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1 (A) by striking ‘‘$7,000’’ and inserting 

2 ‘‘$10,000’’; and 

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

4 such a violation causes the death of an em5 ployee, such civil penalty amounts shall be in6 creased to not more than $50,000 for such vio7 lation, but not less than $20,000 for such viola8 tion.’’; 

9 (4) in subsection (d)— 

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

11 ‘‘$10,000’’; and 

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

13 such a violation causes the death of an em14 ployee, such civil penalty amounts shall be in15 creased to not more than $50,000 for such vio16 lation, but not less than $20,000 for such viola17 tion.’’; and 

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

19 inserting ‘‘$10,000’’. 

20 SEC. 308. OSHA CRIMINAL PENALTIES. 

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

22 amended by section 307) is further amended— 

23 (1) in subsection (e)— 

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

25 $10,000’’ and inserting ‘‘fine in accordance 
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1 with section 3571 of title 18, United States 

2 Code,’’; 

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

4 ‘‘10 years’’; 

5 (C) by inserting ‘‘under this subsection or 

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

7 person’’; 

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

9 $20,000’’ and inserting ‘‘fine in accordance 

10 with section 3571 of title 18, United States 

11 Code,’’; and 

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

13 ‘‘20 years’’; 

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

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

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

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

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

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

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

21 more than six months,’’ and inserting ‘‘fine in ac22 cordance with section 3571 of title 18, United States 

23 Code, or by imprisonment for not more than 1 

24 year,’’; 
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1 (4) by redesignating subsections (i) through (l) 

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

3 (5) by inserting after subsection (h) the fol4 lowing: 

5 ‘‘(i) Any employer who willfully violates any standard, 

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

7 regulation prescribed pursuant to this Act, and that viola8 tion causes serious bodily injury to any employee but does 

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

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

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

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

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

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

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

16 18, United States Code, or by imprisonment for not more 

17 than 10 years, or by both.’’. 

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

19 amended by adding at the end the following: 

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

21 bodily injury that involves— 

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

23 ‘‘(B) protracted unconsciousness; 

24 ‘‘(C) protracted and obvious physical dis25 figurement; or 
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1 ‘‘(D) protracted loss or impairment, of the 

2 function of a bodily member, organ, or mental 

3 faculty.’’. 

4 (c) JURISDICTION FOR PROSECUTION UNDER STATE

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

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

7 by adding at the end the following: 

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

9 local law enforcement agency from conducting criminal 

10 prosecutions in accordance with the laws of such State or 

11 locality.’’. 

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

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

14 amended by adding at the end the following: 

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

16 penalties shall be adjusted by the Secretary at least once 

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

18 increase or decrease in the Consumer Price Index for all 

19 urban consumers during such period.’’. 
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1 TITLE IV—REQUIRING EMPLOY2 ERS TO PROVIDE AND PAY 

3 FOR PERSONAL PROTECTIVE 

4 EQUIPMENT 

5 SEC. 401. REQUIREMENT. 

6 Section 6(b) (29 U.S.C. 655(b)), as amended by sec7 tion 102(b), is further amended by adding at the end the 

8 following: 

9 ‘‘(10)(A) In this paragraph, the term ‘personal pro10 tective equipment’ means personal protective equipment as 

11 such term is defined for purposes of section 1910.132(a) 

12 of title 29, Code of Federal Regulations (or any cor13 responding similar regulation or ruling). 

14 ‘‘(B)(i) Not later than 30 days after the date of en15 actment of the Protecting America’s Workers Act, the 

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

17 Code of Federal Regulations, to provide that protective 

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

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

20 that requires protective equipment, the Secretary shall 

21 specify that the protective equipment shall be provided at 

22 no cost to the employee.’’. 

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