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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2876 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 2876

   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

                             April 28, 2021

Mr. Courtney (for himself, Mr. Scott of Virginia, Ms. Adams, Mr. Larson 
  of Connecticut, Mr. Mrvan, Ms. Moore of Wisconsin, Ms. DeLauro, Mr. 
 Sablan, Mr. DeSaulnier, Ms. Pingree, Mr. Morelle, Mr. Grijalva, Mrs. 
   Hayes, Mr. Garamendi, Ms. Castor of Florida, Ms. Schakowsky, Mr. 
Norcross, Ms. Wasserman Schultz, Ms. Omar, and Ms. Sherrill) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting 
America's Workers Act''.
    (b) Table of Contents.--The table of contents for 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.
                           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.

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

SEC. 101. COVERAGE OF PUBLIC EMPLOYEES.

    (a) In General.--Section 3(5) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 652(5)) is amended by striking ``but does not 
include'' and all that follows through the period at the end and 
inserting ``including the United States, a State, or a political 
subdivision of a State.''.
    (b) Construction.--Nothing in this Act shall be construed to affect 
the application of section 18 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 667).

SEC. 102. AUTHORIZED EMPLOYEE REPRESENTATIVES.

    Section 3 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 652) is amended by adding at the end the following:
            ``(15) Authorized employee representative.--The term 
        `authorized employee representative'--
                    ``(A) means any person or organization that for the 
                purposes of this Act represents not less than one 
                employee at an establishment, factory, plant, 
                construction site, or other workplace, or other 
                environment where work is performed by an employee for 
                an employer; and
                    ``(B) includes a representative authorized by 
                employees, a representative of employees, or any other 
                representative of an employee under this Act.''.

SEC. 103. APPLICATION OF ACT.

    Section 4(b) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653(b)(1)) is amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (5), (6), and (7), respectively; and
            (2) by striking paragraph (1) and inserting the following:
    ``(1) If a Federal agency has promulgated and is enforcing a 
standard or regulation affecting occupational safety or health of some 
or all of the employees within that agency's regulatory jurisdiction, 
and the Secretary determines that such a standard or regulation as 
promulgated and the manner in which the standard or regulation is being 
enforced provides protection to those employees that is at least as 
effective as the protection provided to those employees by this Act and 
the Secretary's enforcement of this Act, the Secretary may publish a 
certification notice in the Federal Register. The notice shall set 
forth that determination and the reasons for the determination and 
certify that the Secretary has ceded jurisdiction to that Federal 
agency with respect to the specified standard or regulation affecting 
occupational safety or health. In determining whether to cede 
jurisdiction to a Federal agency, the Secretary shall seek to avoid 
duplication of, and conflicts between, health and safety requirements. 
Such certification shall remain in effect unless and until rescinded by 
the Secretary.
    ``(2) The Secretary shall, by regulation, establish procedures by 
which any person who may be adversely affected by a decision of the 
Secretary certifying that the Secretary has ceded jurisdiction to 
another Federal agency pursuant to paragraph (1) may petition the 
Secretary to rescind a certification notice under such paragraph. Upon 
receipt of such a petition, the Secretary shall investigate the matter 
involved and shall, not later than 90 days after the receipt of the 
petition, publish a decision with respect to the petition in the 
Federal Register.
    ``(3) Any person who may be adversely affected by--
            ``(A) a decision of the Secretary certifying that the 
        Secretary has ceded jurisdiction to another Federal agency 
        pursuant to paragraph (1); or
            ``(B) a decision of the Secretary denying a petition to 
        rescind such a certification notice under paragraph (1),
may, not later than 60 days after such decision is published in the 
Federal Register, file a petition challenging such decision with the 
United States Court of Appeals for the circuit in which such person 
resides or such person has a principal place of business, for judicial 
review of such decision. A copy of the petition shall be forthwith 
transmitted by the clerk of the court to the Secretary. The Secretary's 
decision shall be set aside if found to be arbitrary, capricious, an 
abuse of discretion, or otherwise not in accordance with law.
    ``(4) Nothing in this Act shall apply to working conditions covered 
by the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et 
seq.).''.

             TITLE II--INCREASING WHISTLEBLOWER PROTECTIONS

SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION.

    (a) Employee Actions.--Section 11(c)(1) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended--
            (1) by striking ``discharge'' and all that follows through 
        ``because such'' and inserting the following: ``discharge or 
        cause to be discharged, or in any manner discriminate against 
        or cause to be discriminated against, any employee because--
            ``(A) such'';
            (2) by striking ``this Act or has'' and inserting the 
        following: ``this Act;
            ``(B) such employee has'';
            (3) by striking ``in any such proceeding or because of the 
        exercise'' and inserting the following: ``before Congress or in 
        any Federal or State proceeding related to safety or health;
            ``(C) such employee has refused to violate any provision of 
        this Act; or
            ``(D) of the exercise''; and
            (4) by inserting before the period at the end the 
        following: ``, including the reporting of any injury, illness, 
        or unsafe condition to the employer, agent of the employer, 
        safety and health committee involved, or employee safety and 
        health representative involved''.
    (b) Prohibition of Retaliation.--Section 11(c) of such Act (29 
U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the 
following:
    ``(2) Prohibition of Retaliation.--(A) No person shall discharge, 
or cause to be discharged, or in any manner discriminate against, or 
cause to be discriminated against, an employee for refusing to perform 
the employee's duties if the employee has a reasonable apprehension 
that performing such duties would result in serious injury to, or 
serious impairment of the health of, the employee or other employees.
    ``(B) For purposes of subparagraph (A), the circumstances causing 
the employee's good-faith belief that performing such duties would pose 
a safety or health hazard shall be of such a nature that a reasonable 
person, under the circumstances confronting the employee, would 
conclude that there is such a hazard. In order to qualify for 
protection under this paragraph, the employee, when practicable, shall 
have communicated or attempted to communicate the safety or health 
concern to the employer and have not received from the employer a 
response reasonably calculated to allay such concern.''.
    (c) Procedure.--Section 11(c) of such Act (29 U.S.C. 660(c)) is 
amended by striking paragraph (3) and inserting the following:
    ``(3) Complaint.--Any employee who believes that the employee has 
been discharged, disciplined, or otherwise discriminated against by any 
person in violation of paragraph (1) or (2) may seek relief for such 
violation by filing a complaint with the Secretary under paragraph (5).
    ``(4) Statute of Limitations.--
            ``(A) In general.--An employee may take the action 
        permitted by paragraph (3) not later than 180 days after the 
        later of--
                    ``(i) the date on which an alleged violation of 
                paragraph (1) or (2) occurs; or
                    ``(ii) the date on which the employee knows or 
                should reasonably have known that such alleged 
                violation occurred.
            ``(B) Repeat violation.--Except in cases when the employee 
        has been discharged, a violation of paragraph (1) or (2) shall 
        be considered to have occurred on the last date an alleged 
        repeat violation occurred.
    ``(5) Investigation.--
            ``(A) In general.--An employee may, within the time period 
        required under paragraph (4)(A), file a complaint with the 
        Secretary alleging a violation of paragraph (1) or (2). If the 
        complaint alleges a prima facie case, the Secretary shall 
        conduct an investigation of the allegations in the complaint, 
        which--
                    ``(i) shall include--
                            ``(I) interviewing the complainant;
                            ``(II) providing the respondent an 
                        opportunity to--
                                    ``(aa) submit to the Secretary a 
                                written response to the complaint; and
                                    ``(bb) meet with the Secretary to 
                                present statements from witnesses or 
                                provide evidence; and
                            ``(III) providing the complainant an 
                        opportunity to--
                                    ``(aa) receive any statements or 
                                evidence provided to the Secretary;
                                    ``(bb) meet with the Secretary; and
                                    ``(cc) rebut any statements or 
                                evidence; and
                    ``(ii) may include issuing subpoenas for the 
                purposes of such investigation.
            ``(B) Decision.--Not later than 90 days after the filing of 
        the complaint, the Secretary shall--
                    ``(i) determine whether reasonable cause exists to 
                believe that a violation of paragraph (1) or (2) has 
                occurred; and
                    ``(ii) issue a decision granting or denying relief.
    ``(6) Preliminary Order Following Investigation.--If, after 
completion of an investigation under paragraph (5)(A), the Secretary 
finds reasonable cause to believe that a violation of paragraph (1) or 
(2) has occurred, the Secretary shall issue a preliminary order 
providing relief authorized under paragraph (14) at the same time the 
Secretary issues a decision under paragraph (5)(B). If a de novo 
hearing is not requested within the time period required under 
paragraph (7)(A)(i), such preliminary order shall be deemed a final 
order of the Secretary and is not subject to judicial review.
    ``(7) Hearing.--
            ``(A) Request for hearing.--
                    ``(i) In general.--A de novo hearing on the record 
                before an administrative law judge may be requested--
                            ``(I) by the complainant or respondent 
                        within 30 days after receiving notification of 
                        a decision granting or denying relief issued 
                        under paragraph (5)(B) or a preliminary order 
                        under paragraph (6), respectively;
                            ``(II) by the complainant within 30 days 
                        after the date the complaint is dismissed 
                        without investigation by the Secretary under 
                        paragraph (5)(A); or
                            ``(III) by the complainant within 120 days 
                        after the date of filing the complaint, if the 
                        Secretary has not issued a decision under 
                        paragraph (5)(B).
                    ``(ii) Reinstatement order.--The request for a 
                hearing shall not operate to stay any preliminary 
                reinstatement order issued under paragraph (6).
            ``(B) Procedures.--
                    ``(i) In general.--A hearing requested under this 
                paragraph shall be conducted expeditiously and in 
                accordance with rules established by the Secretary for 
                hearings conducted by administrative law judges.
                    ``(ii) Subpoenas; production of evidence.--In 
                conducting any such hearing, the administrative law 
                judge may issue subpoenas. The respondent or 
                complainant may request the issuance of subpoenas that 
                require the deposition of, or the attendance and 
                testimony of, witnesses and the production of any 
                evidence (including any books, papers, documents, or 
                recordings) relating to the matter under consideration.
                    ``(iii) Decision.--The administrative law judge 
                shall issue a decision not later than 90 days after the 
                date on which a hearing was requested under this 
                paragraph and promptly notify, in writing, the parties 
                and the Secretary of such decision, including the 
                findings of fact and conclusions of law. If the 
                administrative law judge finds that a violation of 
                paragraph (1) or (2) has occurred, the judge shall 
                issue an order for relief under paragraph (14). If 
                review under paragraph (8) is not timely requested, 
                such order shall be deemed a final order of the 
                Secretary that is not subject to judicial review.
    ``(8) Administrative Appeal.--
            ``(A) In general.--Not later than 30 days after the date of 
        notification of a decision and order issued by an 
        administrative law judge under paragraph (7), the complainant 
        or respondent may file, with objections, an administrative 
        appeal with an administrative review body designated by the 
        Secretary (referred to in this paragraph as the `review 
        board').
            ``(B) Standard of review.--In reviewing the decision and 
        order of the administrative law judge, the review board shall 
        affirm the decision and order if it is determined that the 
        factual findings set forth therein are supported by substantial 
        evidence and the decision and order are made in accordance with 
        applicable law.
            ``(C) Decisions.--If the review board grants an 
        administrative appeal, the review board shall issue a final 
        decision and order affirming or reversing, in whole or in part, 
        the decision under review by not later than 90 days after 
        receipt of the administrative appeal. If it is determined that 
        a violation of paragraph (1) or (2) has occurred, the review 
        board shall issue a final decision and order providing relief 
        authorized under paragraph (14). Such decision and order shall 
        constitute final agency action with respect to the matter 
        appealed.
    ``(9) Settlement in the Administrative Process.--
            ``(A) In general.--At any time before issuance of a final 
        order, an investigation or proceeding under this subsection may 
        be terminated on the basis of a settlement agreement entered 
        into by the parties.
            ``(B) Public policy considerations.--Neither the Secretary, 
        an administrative law judge, nor the review board conducting a 
        hearing under this subsection shall accept a settlement that 
        contains conditions conflicting with the rights protected under 
        this Act or that are contrary to public policy, including a 
        restriction on a complainant's right to future employment with 
        employers other than the specific employers named in a 
        complaint.
    ``(10) Inaction by the Review Board or Administrative Law Judge.--
            ``(A) In general.--The complainant may bring a de novo 
        action described in subparagraph (B) if--
                    ``(i) an administrative law judge has not issued a 
                decision and order within the 90-day time period 
                required under paragraph (7)(B)(iii); or
                    ``(ii) the review board has not issued a decision 
                and order within the 90-day time period required under 
                paragraph (8)(C).
            ``(B) De novo action.--Such de novo action may be brought 
        at law or equity in the United States district court for the 
        district where a violation of paragraph (1) or (2) allegedly 
        occurred or where the complainant resided on the date of such 
        alleged violation. The court shall have jurisdiction over such 
        action without regard to the amount in controversy and to order 
        appropriate relief under paragraph (14). Such action shall, at 
        the request of either party to such action, be tried by the 
        court with a jury.
    ``(11) Judicial Review.--
            ``(A) Timely appeal to the court of appeals.--Any party 
        adversely affected or aggrieved by a final decision and order 
        issued under this subsection may obtain review of such decision 
        and order in the United States Court of Appeals for the circuit 
        where the violation, with respect to which such final decision 
        and order was issued, allegedly occurred or where the 
        complainant resided on the date of such alleged violation. To 
        obtain such review, a party shall file a petition for review 
        not later than 60 days after the final decision and order was 
        issued. Such review shall conform to chapter 7 of title 5, 
        United States Code. The commencement of proceedings under this 
        subparagraph shall not, unless ordered by the court, operate as 
        a stay of the final decision and order.
            ``(B) Limitation on collateral attack.--An order and 
        decision with respect to which review may be obtained under 
        subparagraph (A) shall not be subject to judicial review in any 
        criminal or other civil proceeding.
    ``(12) Enforcement of Order.--If a respondent fails to comply with 
an order issued under this subsection, the Secretary or the complainant 
on whose behalf the order was issued may file a civil action for 
enforcement in the United States district court for the district in 
which the violation was found to occur to enforce such order. If both 
the Secretary and the complainant file such action, the action of the 
Secretary shall take precedence. The district court shall have 
jurisdiction to grant all appropriate relief described in paragraph 
(14).
    ``(13) Burdens of Proof.--
            ``(A) Criteria for determination.--In making a 
        determination or adjudicating a complaint pursuant to this 
        subsection, the Secretary, administrative law judge, review 
        board, or a court may determine that a violation of paragraph 
        (1) or (2) has occurred only if the complainant demonstrates 
        that any conduct described in paragraph (1) or (2) with respect 
        to the complainant was a contributing factor in the adverse 
        action alleged in the complaint.
            ``(B) Prohibition.--Notwithstanding subparagraph (A), a 
        decision or order that is favorable to the complainant shall 
        not be issued in any administrative or judicial action pursuant 
        to this subsection if the respondent demonstrates by clear and 
        convincing evidence that the respondent would have taken the 
        same adverse action in the absence of such conduct.
    ``(14) Relief.--
            ``(A) Order for relief.--If the Secretary, administrative 
        law judge, review board, or a court determines that a violation 
        of paragraph (1) or (2) has occurred, the Secretary, 
        administrative law judge, review board, or court, respectively, 
        shall have jurisdiction to order all appropriate relief, 
        including injunctive relief, compensatory and exemplary 
        damages, including--
                    ``(i) affirmative action to abate the violation;
                    ``(ii) reinstatement without loss of position or 
                seniority, and restoration of the terms, rights, 
                conditions, and privileges associated with the 
                complainant's employment, including opportunities for 
                promotions to positions with equivalent or better 
                compensation for which the complainant is qualified;
                    ``(iii) compensatory and consequential damages 
                sufficient to make the complainant whole (including 
                back pay, prejudgment interest, and other damages); and
                    ``(iv) expungement of all warnings, reprimands, or 
                derogatory references that have been placed in paper or 
                electronic records or databases of any type relating to 
                the actions by the complainant that gave rise to the 
                unfavorable personnel action, and, at the complainant's 
                direction, transmission of a copy of the decision on 
                the complaint to any person whom the complainant 
                reasonably believes may have received such unfavorable 
                information.
            ``(B) Attorneys' fees and costs.--If the Secretary or an 
        administrative law judge, review board, or court grants an 
        order for relief under subparagraph (A), the Secretary, 
        administrative law judge, review board, or court, respectively, 
        shall assess, at the request of the employee against the 
        employer--
                    ``(i) reasonable attorneys' fees; and
                    ``(ii) costs (including expert witness fees) 
                reasonably incurred, as determined by the Secretary, 
                administrative law judge, review board, or court, 
                respectively, in connection with bringing the complaint 
                upon which the order was issued.
    ``(15)  Procedural Rights.--The rights and remedies provided for in 
this subsection may not be waived by any agreement, policy, form, or 
condition of employment, including by any pre-dispute arbitration 
agreement or collective bargaining agreement.
    ``(16) Savings.--Nothing in this subsection shall be construed to 
diminish the rights, privileges, or remedies of any employee who 
exercises rights under any Federal or State law or common law, or under 
any collective bargaining agreement.
    ``(17) Election of Venue.--
            ``(A) In general.--An employee of an employer who is 
        located in a State that has a State plan approved under section 
        18 may file a complaint alleging a violation of paragraph (1) 
        or (2) by such employer with--
                    ``(i) the Secretary under paragraph (5); or
                    ``(ii) a State plan administrator in such State.
            ``(B) Referrals.--If--
                    ``(i) the Secretary receives a complaint pursuant 
                to subparagraph (A)(i), the Secretary shall not refer 
                such complaint to a State plan administrator for 
                resolution; or
                    ``(ii) a State plan administrator receives a 
                complaint pursuant to subparagraph (A)(ii), the State 
                plan administrator shall not refer such complaint to 
                the Secretary for resolution.''.
    (d) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C. 
666(j)) is amended by inserting before the period the following: ``, 
including the history of violations under section 11(c)''.

      TITLE III--IMPROVING REPORTING, INSPECTION, AND ENFORCEMENT

                      PART A--DUTIES AND STANDARDS

SEC. 301. GENERAL DUTY OF EMPLOYERS.

    Section 5 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 654(a)(1)) is amended--
            (1) in subsection (a), by amending paragraph (1) to read as 
        follows:
            ``(1) shall furnish employment and a place of employment 
        that are free from recognized hazards that are causing or are 
        likely to cause death or serious physical harm and that the 
        employer creates or controls or to which the employer exposes 
        any employee of the employer or any other person performing 
        work at the place of employment; and''; and
            (2) by adding at the end the following new subsection:
    ``(c) Each employee or other person exposed to a hazard in 
violation of subsection (a) may constitute a separate violation.''.

SEC. 302. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.

    Section 6 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Without regard'' and inserting 
                ``(1) Without regard'';
                    (B) by striking ``chapter 5'' and inserting 
                ``chapters 5 and 6'';
                    (C) by striking ``shall, as soon as practicable'' 
                and inserting the following: ``shall--''
                    ``(A) as soon as practicable'';
                    (D) by striking ``In the'' and inserting the 
                following:
            ``(2) In the'';
                    (E) by striking ``designated employees.'' and 
                inserting ``designated employees; and'';
                    (F) by adding at the end of paragraph (1) (as 
                designated by subparagraph (A)) the following:
                    ``(B) not later than 2 years after the effective 
                date of section 601(a) of the Protecting America's 
                Workers Act, by rule update any national consensus 
                standard that has been promulgated or incorporated by 
                reference pursuant to this subsection, except that such 
                a standard shall not be updated pursuant to this 
                subparagraph, if--
                            ``(i) the standard has been superseded by a 
                        standard promulgated pursuant to subsection 
                        (b); or
                            ``(ii) the Secretary determines such update 
                        would not result in improved health or safety 
                        for specifically designated employees.''; and
                    (G) in paragraph (2) (as designated by subparagraph 
                (D)), by inserting ``including national consensus 
                standards, or in the event of a consolidation of 
                national consensus standards,'' after ``conflict among 
                any such standards,''; and
            (2) by adding at the end the following:
    ``(h) No standard, rule, or regulation promulgated under this Act 
shall reduce the protection afforded by an existing health or safety 
standard, rule, regulation, or national consensus standard.''.

         PART B--INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING

SEC. 311. POSTING OF EMPLOYEE RIGHTS.

    Section 8(c)(1) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 657(c)(1)) is amended by adding at the end the following new 
sentence: ``Such regulations shall include provisions requiring 
employers to post for employees information on the protections afforded 
under section 11(c).''.

SEC. 312. EMPLOYER REPORTING OF WORK-RELATED INJURIES, ILLNESS, DEATHS, 
              AND HOSPITALIZATIONS; PROHIBITION ON DISCOURAGING 
              EMPLOYEE REPORTING.

    Section 8(c)(2) of such Act (29 U.S.C. 657(c)(2)) is amended by 
adding at the end the following: ``Such regulations shall contain the 
following:
            ``(A) A requirement that employers promptly notify the 
        Secretary of any work-related death or work-related injury or 
        illness that results in the in-patient hospitalization of any 
        employee for medical treatment, amputation, or loss of an eye.
            ``(B) A prohibition on the adoption or implementation by 
        employers of policies or practices that have the effect of 
        discouraging accurate recordkeeping and the reporting of work-
        related injuries or illnesses by any employee, or in any manner 
        discriminates or provides for adverse action against any 
        employee for reporting a work-related injury or illness.
            ``(C) A requirement that, at a minimum, employers subject 
        to the requirements of sections 1904.41 and 1902.7(d) of title 
        29, Code of Federal Regulations (as amended by the final 
        regulations of the Department of Labor published in the Federal 
        Register on May 12, 2016 (81 Fed. Reg. 29624 et seq.)) shall, 
        on at least an annual basis, electronically report to the 
        Secretary information from the records of work-related deaths, 
        injuries, and illnesses required to be made and maintained 
        under this paragraph, which shall include the information 
        required to be made and maintained in accordance with such 
        sections 1904.41 and 1902.7(d), and a requirement that the 
        Secretary make such reports available to the public in a 
        searchable format.
            ``(D) A requirement that each site-controlling employer 
        keep, maintain, and make available a site log for all 
        recordable injuries and illnesses occurring for any employee at 
        each work site for which the employer is the site-controlling 
        employer, including employees of the site-controlling employer 
        and others who are performing work at such site (including 
        independent contractors). For purposes of this subparagraph, 
        the term `site-controlling employer' means the employer that 
        has primary control over a work site at which employees of more 
        than one employer work, such as by hiring or coordinating the 
        work of other employers working at the site.''.

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

    Section 8(e) of such Act (29 U.S.C. 657(e)) is amended by inserting 
after the first sentence the following: ``Time spent by an employee 
participating in or aiding any such inspection shall be deemed to be 
hours worked and no employee shall suffer any loss of wages, benefits, 
or other terms and conditions of employment for having participated in 
or aided any such inspection.''.

SEC. 314. INVESTIGATIONS OF FATALITIES AND SIGNIFICANT INCIDENTS.

    Section 8 of such Act (29 U.S.C. 657), as amended by sections 311 
through 313, is further amended by adding at the end the following new 
subsection:
    ``(i) Investigation of Fatalities and Serious Incidents.--
            ``(1) In general.--The Secretary shall investigate any 
        significant incident or an incident resulting in death that 
        occurs in a place of employment.
            ``(2) Evidence preservation.--If a significant incident or 
        an incident resulting in death occurs in a place of employment, 
        the employer shall promptly notify the Secretary of the 
        incident involved and shall take appropriate measures to 
        prevent the destruction or alteration of any evidence that 
        would assist in investigating the incident. The appropriate 
        measures required by this paragraph do not prevent an employer 
        from taking action on a worksite to prevent injury to employees 
        or substantial damage to property or to avoid disruption of 
        essential services necessary to public safety, provided that if 
        an employer takes such action, the employer shall notify the 
        Secretary of the action in a timely fashion.
            ``(3) Definitions.--In this subsection:
                    ``(A) Incident resulting in death.--The term 
                `incident resulting in death' means an incident that 
                results in the death of an employee.
                    ``(B) Significant incident.--The term `significant 
                incident' means an incident that results in the in-
                patient hospitalization of 2 or more employees for 
                medical treatment.''.

SEC. 315. RECORDKEEPING.

    (a) Rule Required.--Not later than 180 days after the date of 
enactment of this Act, the Occupational Safety and Health 
Administration shall issue a final rule amending its recordkeeping 
regulations under section 8(c) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 657(c)) to clarify that--
            (1) the duty to make and maintain accurate records of work-
        related injuries and illnesses is an ongoing obligation;
            (2) the duty to make and maintain such records continues 
        for as long as the employer is required to keep records of the 
        recordable injury or illness; and
            (3) such duty does not expire solely because the employer 
        fails to create the necessary records when first required to do 
        so.
    (b) Authorization.--Subsection (a) shall be considered a specific 
authorization by Congress in accordance with section 801(b)(2) of title 
5, United States Code, with respect to the issuance of a new 
recordkeeping rule.

                           PART C--CITATIONS

SEC. 321. PERIOD FOR ISSUANCE OF A CITATION.

    Section 9(c) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 658(c)) is amended by adding at the end the following: ``For 
purposes of this subsection, a violation continues to occur for as long 
as an employer has not satisfied the requirements, rules, standards, 
orders, and regulations referenced in subsection (a).''.

SEC. 322. PROHIBITION ON UNCLASSIFIED CITATIONS.

    Section 9 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 658) is further amended by adding at the end the following:
    ``(d) No citation for a violation of this Act may be issued, 
modified, or settled under this section without a designation 
enumerated in section 17 with respect to such violation.''.

                 PART D--RIGHTS OF VICTIMS AND FAMILIES

SEC. 331. RIGHTS OF VICTIMS AND FAMILIES.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) is amended by inserting after section 9 (29 U.S.C. 658) the 
following:

``SEC. 9A. VICTIMS' RIGHTS.

    ``(a) Rights Before the Secretary.--A victim or the representative 
of a victim, shall be afforded the right, with respect to an inspection 
or investigation conducted under section 8 to--
            ``(1) meet with the Secretary regarding the inspection or 
        investigation conducted under such section before the 
        Secretary's decision to issue a citation or take no action;
            ``(2) receive, at no cost, a copy of any citation or 
        report, issued as a result of such inspection or investigation, 
        at the same time as the employer receives such citation or 
        report;
            ``(3) be informed of any notice of contest or addition of 
        parties to the proceedings filed under section 10(c); and
            ``(4) be provided notification of the date and time or any 
        proceedings, service of pleadings, and other relevant 
        documents, and an explanation of the rights of the employer, 
        employee and employee representative, and victim to participate 
        in proceedings conducted under section 10(c).
    ``(b) Rights Before the Commission.--Upon request, a victim or 
representative of a victim shall be afforded the right with respect to 
a work-related bodily injury or death to--
            ``(1) be notified of the time and date of any proceeding 
        before the Commission;
            ``(2) receive pleadings and any decisions relating to the 
        proceedings; and
            ``(3) be provided an opportunity to appear and make a 
        statement in accordance with the rules prescribed by the 
        Commission.
    ``(c) Modification of Citation.--Before entering into an agreement 
to withdraw or modify a citation issued as a result of an inspection or 
investigation of an incident under section 8, the Secretary shall 
notify a victim or representative of a victim and provide the victim or 
representative of a victim with an opportunity to appear and make a 
statement before the parties conducting settlement negotiations. In 
lieu of an appearance, the victim or representative of the victim may 
elect to submit a letter to the Secretary and the parties.
    ``(d) Secretary Procedures.--The Secretary shall establish 
procedures--
            ``(1) to inform victims of their rights under this section; 
        and
            ``(2) for the informal review of any claim of a denial of 
        such a right.
    ``(e) Commission Procedures and Considerations.--The Commission 
shall--
            ``(1) establish procedures relating to the rights of 
        victims to be heard in proceedings before the Commission; and
            ``(2) in rendering any decision, provide due consideration 
        to any statement or information provided by any victim before 
        the Commission.
    ``(f) Family Liaisons.--The Secretary shall designate at least 1 
employee at each area office of the Occupational Safety and Health 
Administration to serve as a family liaison to--
            ``(1) keep victims informed of the status of 
        investigations, enforcement actions, and settlement 
        negotiations; and
            ``(2) assist victims in asserting their rights under this 
        section.
    ``(g) Definition.--In this section, the term `victim' means--
            ``(1) an employee, including a former employee, who has 
        sustained a work-related injury or illness that is the subject 
        of an inspection or investigation conducted under section 8; or
            ``(2) a family member (as further defined by the Secretary) 
        of a victim described in paragraph (1), if--
                    ``(A) the victim dies as a result of an incident 
                that is the subject of an inspection or investigation 
                conducted under section 8; or
                    ``(B) the victim sustains a work-related injury or 
                illness that is the subject of an inspection or 
                investigation conducted under section 8, and the victim 
                because of incapacity cannot reasonably exercise the 
                rights under this section.''.

                   PART E--PROCEDURE FOR ENFORCEMENT

SEC. 341. RIGHT TO CONTEST CITATIONS AND PENALTIES.

    Section 10(c) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659(c)) is amended--
            (1) in the first sentence--
                    (A) by inserting after ``that he intends to contest 
                a citation issued under section (9)'' the following: 
                ``(or a modification of a citation issued under this 
                section)'';
                    (B) by inserting after ``the issuance of a citation 
                under section 9'' the following: ``(including a 
                modification of a citation issued under such 
                section)''; and
                    (C) by inserting after ``files a notice with the 
                Secretary alleging'' the following: ``that the citation 
                fails properly to designate the violation as serious, 
                willful, or repeated, that the proposed penalty is not 
                adequate, or'';
            (2) by inserting after the first sentence, the following: 
        ``The pendency of a contest before the Commission shall not bar 
        the Secretary from inspecting a place of employment or from 
        issuing a citation under section 9.''; and
            (3) by amending the last sentence--
                    (A) by inserting ``employers and'' after 
                ``Commission shall provide''; and
                    (B) by inserting before the period at the end ``, 
                and notification of any modification of a citation''.

SEC. 342. CORRECTION OF SERIOUS, WILLFUL, OR REPEATED VIOLATIONS 
              PENDING CONTEST AND PROCEDURES FOR A STAY.

    Section 10 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659) is further amended by adding at the end the following:
    ``(d) Correction of Serious, Willful, or Repeated Violations 
Pending Contest and Procedures for a Stay.--
            ``(1) Period permitted for correction of serious, willful, 
        or repeated violations.--For each violation which the Secretary 
        designates as serious, willful, or repeated, the period 
        permitted for the correction of the violation shall begin to 
        run upon receipt of the citation.
            ``(2) Filing of a motion of contest.--The filing of a 
        notice of contest by an employer--
                    ``(A) shall not operate as a stay of the period for 
                correction of a violation designated as serious, 
                willful, or repeated; and
                    ``(B) may operate as a stay of the period for 
                correction of a violation not designated by the 
                Secretary as serious, willful, or repeated.
            ``(3) Criteria and rules of procedure for stays.--
                    ``(A) Motion for a stay.--An employer that receives 
                a citation alleging a violation designated as serious, 
                willful, or repeated and that files a notice of contest 
                to the citation asserting that the time set for 
                abatement of the alleged violation is unreasonable or 
                challenging the existence of the alleged violation may 
                file with the Commission a motion to stay the period 
                for the abatement of the violation.
                    ``(B) Criteria.--In determining whether a stay 
                should be issued on the basis of a motion filed under 
                subparagraph (A), the Commission may grant a stay only 
                if the employer has demonstrated--
                            ``(i) a substantial likelihood of success 
                        on the areas contested under subparagraph (A); 
                        and
                            ``(ii) that a stay will not adversely 
                        affect the health and safety of workers.
                    ``(C) Rules of procedure.--The Commission shall 
                develop rules of procedure for conducting a hearing on 
                a motion filed under subparagraph (A) on an expedited 
                basis. At a minimum, such rules shall provide:
                            ``(i) That a hearing before an 
                        administrative law judge shall occur not later 
                        than 15 days following the filing of the motion 
                        for a stay (unless extended at the request of 
                        the employer), and shall provide for a decision 
                        on the motion not later than 15 days following 
                        the hearing (unless extended at the request of 
                        the employer).
                            ``(ii) That a decision of an administrative 
                        law judge on a motion for stay is rendered on a 
                        timely basis.
                            ``(iii) That if a party is aggrieved by a 
                        decision issued by an administrative law judge 
                        regarding the stay, such party has the right to 
                        file an objection with the Commission not later 
                        than 5 days after receipt of the administrative 
                        law judge's decision. Within 10 days after 
                        receipt of the objection, a Commissioner, if a 
                        quorum is seated pursuant to section 12(f), 
                        shall decide whether to grant review of the 
                        objection. If, within 10 days after receipt of 
                        the objection, no decision is made on whether 
                        to review the decision of the administrative 
                        law judge, the Commission declines to review 
                        such decision, or no quorum is seated, the 
                        decision of the administrative law judge shall 
                        become a final order of the Commission. If the 
                        Commission grants review of the objection, the 
                        Commission shall issue a decision regarding the 
                        stay not later than 30 days after receipt of 
                        the objection. If the Commission fails to issue 
                        such decision within 30 days, the decision of 
                        the administrative law judge shall become a 
                        final order of the Commission.
                            ``(iv) For notification to employees or 
                        representatives of affected employees of 
                        requests for such hearings and shall provide 
                        affected employees or representatives of 
                        affected employees an opportunity to 
                        participate as parties to such hearings.''.

SEC. 343. INACTION BY THE REVIEW COMMISSION.

    Section 10 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659), as amended by sections 341 and 342, is further amended by 
adding at the end the following:
    ``(e) Inaction by Review Commission.--
            ``(1) In general.--A decision or order issued by an 
        administrative law judge of the Commission for which a petition 
        for review has been filed in a timely manner, and for which 1 
        year after the Commission has accepted such petition and 
        directed that such petition be reviewed by the Commission, the 
        Commission has failed to issue a final decision or order 
        because the Commission lacks a quorum--
                    ``(A) shall be deemed a final decision or order of 
                the Commission; and
                    ``(B) may be appealed pursuant to section 11(a).
            ``(2) Exception.--Paragraph (1) shall not apply with 
        respect to motions to stay filed under subsection (d)(3).''.

SEC. 344. CONFORMING AMENDMENTS.

    (a) Violations Designated as Serious, Willful, or Repeated.--The 
first sentence of section 10(b) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 659(b)) is amended by inserting ``, with the 
exception of violations designated as serious, willful, or repeated,'' 
after ``(which period shall not begin to run''.
    (b) Judicial Review.--The first sentence of section 11(a) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 660(a)) is 
amended--
            (1) by inserting ``(or the failure of the Commission, 
        including an administrative law judge, to make a timely 
        decision on a petition for a stay or other review)'' after ``an 
        order'';
            (2) by striking ``subsection (c)'' and inserting 
        ``subsection (c), (d), or (e)''; and
            (3) by inserting ``(or in the case of a petition from a 
        final Commission order regarding a stay under section 10(d), 15 
        days)'' after ``sixty days''.
    (c) Failure To Correct Violations.--Section 17(d) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 666(d)) is 
amended to read as follows:
    ``(d) Any employer who fails to correct a violation designated by 
the Secretary as serious, willful, or repeated and for which a citation 
has been issued under section 9(a) within the period permitted for its 
correction (and a stay has not been issued by the Commission under 
section 10(d)) may be assessed a civil penalty of not more than $7,000 
for each day during which such failure or violation continues. Any 
employer who fails to correct any other violation for which a citation 
has been issued under section 9(a) of this title within the period 
permitted for its correction (which period shall not begin to run until 
the date of the final order of the Commission in the case of any review 
proceeding under section 10 initiated by the employer in good faith and 
not solely for delay of avoidance of penalties) may be assessed a civil 
penalty of not more than $7,000 for each day during which such failure 
or violation continues.''.

                           PART F--PENALTIES

SEC. 351. CIVIL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) is further amended--
            (1) in subsection (a)--
                    (A) by striking ``$70,000'' and inserting 
                ``$136,532'';
                    (B) by striking ``$5,000'' and inserting 
                ``$9,753''; and
                    (C) by adding at the end the following: ``In 
                determining whether a violation is repeated, the 
                Secretary or the Commission shall consider the 
                employer's history of violations under this Act and 
                under State occupational safety and health plans 
                established under section 18. If such a willful or 
                repeated violation caused or contributed to the death 
                of an employee, such civil penalty amounts shall be 
                increased to not more than $250,000 for each such 
                violation, but not less than $50,000 for each such 
                violation, except that for an employer with 25 or fewer 
                employees such penalty shall not be less than $25,000 
                for each such violation.'';
            (2) in subsection (b)--
                    (A) by striking ``$7,000'' and inserting 
                ``$13,653''; and
                    (B) by adding at the end the following: ``If such a 
                violation caused or contributed to the death of an 
                employee, such civil penalty amounts shall be increased 
                to not more than $50,000 for each such violation, but 
                not less than $20,000 for each such violation, except 
                that for an employer with 25 or fewer employees such 
                penalty shall not be less than $10,000 for each such 
                violation.'';
            (3) in subsection (c), by striking ``$7,000'' and inserting 
        ``$13,653'';
            (4) in subsection (d), as amended by section 344(c), by 
        striking ``$7,000'' each place it occurs and inserting 
        ``$13,653'';
            (5) by redesignating subsections (e) through (i) and 
        subsections (j) through (l), as subsections (f) through (j) and 
        subsections (l) through (n), respectively; and
            (6) in subsection (j) (as so redesignated) by striking 
        ``$7,000'' and inserting ``$13,653''.
    (b) Inflation Adjustment.--Section 17 of such Act (29 U.S.C. 666), 
as amended by subsection (a), is further amended by inserting after 
subsection (d) the following:
    ``(e) Amounts provided under this section for civil penalties shall 
be adjusted by the Secretary once each year, not later than January 15 
of such year, to account for the percentage increase or decrease in the 
Consumer Price Index for all urban consumers during such period, 
consistent with the requirements of the Federal Civil Penalties 
Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note).''.

SEC. 352. CRIMINAL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) (as amended by section 351) is further 
amended--
            (1) by amending subsection (f) (as redesignated by section 
        351(a)(5)) to read as follows:
    ``(f)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6 of this Act, or of any regulation 
prescribed under this Act, and that violation caused or significantly 
contributed to the death of any employee, shall, upon conviction, be 
punished by a fine in accordance with title 18, United States Code, or 
by imprisonment for not more than 10 years, or both, except that if the 
conviction is for a violation committed after a first conviction of 
such person under this subsection or subsection (i), punishment shall 
be by a fine in accordance title 18, United States Code, or by 
imprisonment for not more than 20 years, or by both.
    ``(2) For the purpose of this subsection, the term `employer' 
means, in addition to the definition contained in section 3 of this 
Act, any officer or director.'';
            (2) by amending subsection (g) (as redesignated by section 
        351(a)(5)) to read as follows:
    ``(g) Unless otherwise authorized by this Act, any person that 
knowingly gives, causes to give, or attempts to give or cause to give, 
advance notice of any inspection conducted under this Act with the 
intention of impeding, interfering with, or adversely affecting the 
results of such inspection, shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, or both.'';
            (3) in subsection (h) (as redesignated by section 
        351(a)(5)), by striking ``fine of not more than $10,000, or by 
        imprisonment for not more than six months,'' and inserting 
        ``fine in accordance with title 18, United States Code, or by 
        imprisonment for not more than 5 years,''; and
            (4) by inserting after subsection (j) (as redesignated by 
        section 351(a)(5)) the following:
    ``(k)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6, or any regulation prescribed under 
this Act, and that violation caused or significantly contributed to 
serious bodily harm to any employee but does not cause death to any 
employee, shall, upon conviction, be punished by a fine in accordance 
with title 18, United States Code, or by imprisonment for not more than 
5 years, or by both, except that if the conviction is for a violation 
committed after a first conviction of such person under this subsection 
or subsection (e), punishment shall be by a fine in accordance with 
title 18, United States Code, or by imprisonment for not more than 10 
years, or by both.
    ``(2) For the purpose of this subsection, the term `employer' 
means, in addition to the definition contained in section 3 of this 
Act, any officer or director.
    ``(3) For purposes of this subsection, the term `serious bodily 
harm' means bodily injury or illness that involves--
            ``(A) a substantial risk of death;
            ``(B) protracted unconsciousness;
            ``(C) protracted and obvious physical disfigurement; or
            ``(D) protracted loss or impairment, either temporary or 
        permanent, of the function of a bodily member, organ, or mental 
        faculty.''.
    (b) Jurisdiction for Prosecution Under State and Local Criminal 
Laws.--Such section 17 (29 U.S.C. 666) is further amended by adding at 
the end the following:
    ``(o) Nothing in this Act shall preclude a State or local law 
enforcement agency from conducting criminal prosecutions in accordance 
with the laws of such State or locality.''.

SEC. 353. PREJUDGMENT INTEREST.

    Section 17(n) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 666(n)) (as redesignated by section 351(a)(5)) is amended by 
adding at the end the following: ``Pre-final order interest on such 
penalties shall begin to accrue on the date the party contests a 
citation issued under this Act, and shall end upon the issuance of the 
final order. Such pre-final order interest shall be calculated at the 
current underpayment rate determined by the Secretary of the Treasury 
pursuant to section 6621 of the Internal Revenue Code of 1986, and 
shall be compounded daily. Post-final order interest shall begin to 
accrue 30 days after the date a final order of the Commission or the 
court is issued, and shall be charged at the rate of 8 percent per 
year.''.

                         TITLE IV--STATE PLANS

SEC. 401. CONCURRENT ENFORCEMENT AUTHORITY AND REVIEW OF STATE 
              OCCUPATIONAL SAFETY AND HEALTH PLANS.

    Section 18 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 668) is amended--
            (1) by amending subsection (f) to read as follows:
    ``(f)(1) The Secretary shall, on the basis of reports submitted by 
the State agency and the Secretary's own inspections, make a continuing 
evaluation of the manner in which each State that has a plan approved 
under this section is carrying out such plan. Such evaluation shall 
include an assessment of whether the State continues to meet the 
requirements of subsection (c) of this section and any other criteria 
or indices of effectiveness specified by the Secretary in regulations. 
Whenever the Secretary finds, on the basis of such evaluation, that in 
the administration of the State plan there is a failure to comply 
substantially with any provision of the State plan (or any assurance 
contained therein), the Secretary shall make an initial determination 
of whether the failure is of such a nature that the plan should be 
withdrawn or whether the failure is of such a nature that the State 
should be given the opportunity to remedy the deficiencies, and provide 
notice of the Secretary's findings and initial determination.
    ``(2) If the Secretary makes an initial determination to reassert 
and exercise concurrent enforcement authority while the State is given 
an opportunity to remedy the deficiencies, the Secretary shall afford 
the State an opportunity for a public hearing within 15 days of such 
request, provided that such request is made not later than 10 days 
after Secretary's notice to the State. The Secretary shall review and 
consider the testimony, evidence, or written comments, and not later 
than 30 days following such hearing, make a determination to affirm, 
reverse, or modify the Secretary's initial determination to reassert 
and exercise concurrent enforcement authority under sections 8, 9, 10, 
13, and 17 with respect to standards promulgated under section 6 and 
obligations under section 5(a). Following such a determination by the 
Secretary, or in the event that the State does not request a hearing 
within the timeframe set forth in this paragraph, the Secretary may 
reassert and exercise such concurrent enforcement authority, while a 
final determination is pending under paragraph (3) or until the 
Secretary has determined that the State has remedied the deficiencies 
as provided under paragraph (4). Such determination shall be published 
in the Federal Register. The procedures set forth in section 18(g) 
shall not apply to a determination by the Secretary to reassert and 
exercise such concurrent enforcement authority.
    ``(3) If the Secretary makes an initial determination that the plan 
should be withdrawn, the Secretary shall provide due notice and the 
opportunity for a hearing. If based on the evaluation, comments, and 
evidence, the Secretary makes a final determination that there is a 
failure to comply substantially with any provision of the State plan 
(or any assurance contained therein), he shall notify the State agency 
of the withdrawal of approval of such plan and upon receipt of such 
notice such plan shall cease to be in effect, but the State may retain 
jurisdiction in any case commenced before the withdrawal of the plan in 
order to enforce standards under the plan whenever the issues involved 
do not relate to the reasons for the withdrawal of the plan.
    ``(4) If the Secretary makes a determination that the State should 
be provided the opportunity to remedy the deficiencies, the Secretary 
shall provide the State an opportunity to respond to the Secretary's 
findings and the opportunity to remedy such deficiencies within a time 
period established by the Secretary, not to exceed 1 year. The 
Secretary may extend and revise the time period to remedy such 
deficiencies, if the State's legislature is not in session during this 
1-year time period, or if the State demonstrates that it is not 
feasible to correct the deficiencies in the time period set by the 
Secretary, and the State has a plan to correct the deficiencies within 
a reasonable time period. If the Secretary finds that the State agency 
has failed to remedy such deficiencies within the time period specified 
by the Secretary and that the State plan continues to fail to comply 
substantially with a provision of the State plan, the Secretary shall 
withdraw the State plan as provided for in paragraph (3).''; and
            (2) by adding at the end the following new subsection:
    ``(i) Not later than 18 months after the date of enactment of this 
subsection, and again 5 years thereafter, the Comptroller General shall 
complete and issue a review of the effectiveness of State plans to 
develop and enforce safety and health standards to determine if they 
are at least as effective as the Federal program and to evaluate 
whether the Secretary's oversight of State plans is effective. The 
Comptroller General's evaluation shall assess--
            ``(1) the effectiveness of the Secretary's oversight of 
        State plans, including the indices of effectiveness used by the 
        Secretary;
            ``(2) whether the Secretary's investigations in response to 
        Complaints About State Plan Administration (CASPA) are 
        adequate, whether significant policy issues have been 
        identified by headquarters and corrective actions are fully 
        implemented by each State;
            ``(3) whether the formula for the distribution of funds 
        described in section 23(g) to State programs is fair and 
        adequate; and
            ``(4) whether State plans are as effective as the Federal 
        program in preventing occupational injuries, illnesses and 
        deaths, and investigating discrimination complaints, through an 
        evaluation of at least 20 percent of approved State plans, and 
        which shall cover--
                    ``(A) enforcement effectiveness, including handling 
                of fatalities, serious incidents and complaints, 
                compliance with inspection procedures, hazard 
                recognition, verification of abatement, violation 
                classification, citation and penalty issuance, 
                including appropriate use of willful and repeat 
                citations, and employee involvement;
                    ``(B) inspections, the number of programmed health 
                and safety inspections at private and public sector 
                establishments, and whether the State targets the 
                highest hazard private sector work sites and facilities 
                in that State;
                    ``(C) budget and staffing, including whether the 
                State is providing adequate budget resources to hire, 
                train and retain sufficient numbers of qualified staff, 
                including timely filling of vacancies;
                    ``(D) administrative review, including the quality 
                of decisions, consistency with Federal precedent, 
                transparency of proceedings, decisions and records are 
                available to the public, adequacy of State defense, and 
                whether the State appropriately appeals adverse 
                decisions;
                    ``(E) anti-discrimination, including whether 
                discrimination complaints are processed in a timely 
                manner, whether supervisors and investigators are 
                properly trained to investigate discrimination 
                complaints, whether a case file review indicates merit 
                cases are properly identified consistent with Federal 
                policy and procedure, whether employees are notified of 
                their rights, and whether there is an effective process 
                for employees to appeal the dismissal of a complaint;
                    ``(F) program administration, including whether the 
                State's standards and policies are at least as 
                effective as the Federal program and are updated in a 
                timely manner, and whether National Emphasis Programs 
                that are applicable in such States are adopted and 
                implemented in a manner that is at least as effective 
                as the Federal program;
                    ``(G) whether the State plan satisfies the 
                requirements for approval set forth in this section and 
                its implementing regulations; and
                    ``(H) other such factors identified by the 
                Comptroller General, or as requested by the Committee 
                on Education and the Workforce of the House of 
                Representatives or the Committee on Health, Education, 
                Labor, and Pensions of the Senate.''.

SEC. 402. EVALUATION OF REPEATED VIOLATIONS IN STATE PLANS.

    Section 18(c) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 668(c)) is amended--
            (1) in paragraph (7), by striking ``, and'' and inserting a 
        comma;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``, and''; and
            (3) by adding after paragraph 8 the following new 
        paragraph:
            ``(9) provides that in determining whether a violation is 
        repeated, the State shall consider the employer's violations 
        within the State, in conjunction with the employer's history of 
        violations under other States' occupational safety and health 
        plans approved by the Secretary and the employer's history of 
        violations in those States where the Secretary has jurisdiction 
        under this Act, in a manner that is at least as effective as 
        provided under section 17.''.

     TITLE V--NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NATIONAL INSTITUTE FOR 
              OCCUPATIONAL SAFETY AND HEALTH.

    Section 20(a)(6) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 669(a)(6)) is amended by striking the second sentence and 
inserting the following: ``The Secretary shall determine following a 
written request by any employer, authorized representative of current 
or former employees, physician, other Federal agency, or State or local 
health department, specifying with reasonable particularity the grounds 
on which the request is made, whether any substance normally found in 
the place of employment has potentially toxic effects in such 
concentrations as used or found or whether any physical agents, 
equipment, or working condition found or used has potentially hazardous 
effects; and shall submit such determination both to employers and 
affected employees as soon as possible.''.

SEC. 502. TRAINING AND EMPLOYEE EDUCATION.

    Paragraph (1) of section 21(c) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 670(c)) is amended to read as follows: 
``(1) provide for the establishment and supervision of programs for the 
education and training of employers and employees in the recognition, 
avoidance, and prevention of unsafe or unhealthful working conditions, 
and employee rights and employer responsibilities under this Act, which 
shall include grant programs to provide grants for nonprofit 
organizations (including grants to develop or expand the capacity of 
such organizations to provide safety and health training, education, 
and related assistance to the targeted audiences, grants for the 
training of employees and employers on occupational safety and health 
hazards of particular concern or for particular industries, or groups 
of workers at high risk of injury, illness, or exposure to hazards, and 
grants for the development of training materials on particular topics), 
and''

                        TITLE VI--EFFECTIVE DATE

SEC. 601. EFFECTIVE DATE.

    (a) General Rule.--Except as provided for in subsection (b), this 
Act and the amendments made by this Act shall take effect on the date 
that is 90 days after the date of the enactment of this Act.
    (b) Exception for States and Political Subdivisions.--The following 
are exceptions to the effective date described in subsection (a):
            (1) A State that has a State plan approved under section 18 
        of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
        667) shall amend its State plan to conform with the 
        requirements of this Act and the amendments made by this Act 
        not later than 12 months after the date of the enactment of 
        this Act. The Secretary of Labor may extend the period for a 
        State to make such amendments to its State plan by not more 
        than 12 months, if the State's legislature is not in session 
        during the 12-month period beginning with the date of the 
        enactment of this Act. Such amendments to the State plan shall 
        take effect not later than 90 days after the adoption of such 
        amendments by such State.
            (2) This Act and the amendments made by this Act shall take 
        effect on the date that is 36 months after the date of the 
        enactment of this Act with respect to a workplace of a State, 
        or a political subdivision of a State, that does not have a 
        State plan approved under such section 18 (29 U.S.C. 667).
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