284 
(5) REVIEW.— 
(A) IN GENERAL.—Any person aggrieved 
by a final order issued under paragraph (3) or 
a judgment or order under paragraph (4) may 
obtain review of the order in the appropriate 
United States Court of Appeals. The petition 
for review must be filed not later than 60 days 
after the date of the issuance of the final order 
of the Secretary. Review shall be in accordance 
with 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 order. 
(B) NO
OTHER
JUDICIAL
REVIEW.—An 
order of the Secretary with respect to which re-
view could have been obtained under subpara-
graph (A) shall not be subject to judicial review 
in any other proceeding. 
(6) FAILURE TO COMPLY WITH ORDER.—When-
ever any employer has failed to comply with an order 
issued under paragraph (3), the Secretary may ob-
tain in a civil action in the United States district 
court for the district in which the violation was 
found to occur, or in the United States district court 
for the District of Columbia, all appropriate relief 
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285 
including, but not limited to, injunctive relief and 
compensatory damages. 
(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— 
(A) IN GENERAL.—Whenever an employer 
has failed to comply with an order issued under 
paragraph (3), the complainant on whose behalf 
the order was issued may obtain in a civil ac-
tion in an appropriate United States district 
court against the employer to whom the order 
was issued, all appropriate relief. 
(B) AWARD.—The court, in issuing any 
final order under this paragraph, may award 
costs of litigation (including reasonable attor-
neys’ and expert witness fees) to any party 
whenever the court determines such award is 
appropriate. 
(c) CONSTRUCTION.— 
(1) EFFECT ON OTHER LAWS.—Nothing in this 
section preempts or diminishes any other safeguards 
against discrimination, demotion, discharge, suspen-
sion, threats, harassment, reprimand, retaliation, or 
any other manner of discrimination provided by Fed-
eral or State law. 
(2) RIGHTS OF EMPLOYEES.—Nothing in this 
section shall be construed to diminish the rights, 
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privileges, or remedies of any employee under any 
Federal or State law or under any collective bar-
gaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, 
form, or condition of employment. 
(d) ENFORCEMENT
OF NONDISCRETIONARY DU-
TIES.—Any nondiscretionary duty imposed by this section 
shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28, United States Code. 
(e) POSTING OF NOTICE AND TRAINING.—All em-
ployers shall post a notice which has been approved as to 
form and content by the Secretary of Labor in a con-
spicuous location in the place of employment where cov-
ered employees frequent which explains employee rights 
and remedies under this section. Each employer shall pro-
vide training to covered employees of their rights under 
this section within 30 days of employment, and at not less 
than once every 12 months thereafter, and provide covered 
employees with a card which contains a toll free telephone 
number at the Department of Labor which covered em-
ployees can call to get information or file a complaint 
under this section. 
(f) DESIGNATION BY THE SECRETARY.—The Sec-
retary of Labor shall, within 30 days of the date of enact-
ment of this Act, designate by order the appropriate agen-
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cy officials to receive, investigate, and adjudicate com-
plaints of violations of subsection (a)(1). 
SEC. 903. DEFINITIONS. 
As used in this title the following definitions apply: 
(1) The term ‘‘covered employee’’— 
(A) means an individual performing serv-
ices on behalf of an employer that is engaged 
in activities on or in waters above the Outer 
Continental Shelf related to— 
(i) supporting, or carrying out explo-
ration, 
development, 
production, 
proc-
essing, or transportation of oil or gas; or 
(ii) oil spill cleanup, emergency re-
sponse, environmental surveillance, protec-
tion, or restoration, or other oil spill activi-
ties related to occupational safety and 
health; and 
(B) includes an applicant for such employ-
ment. 
(2) The term ‘‘employer’’ means one or more 
individuals, partnerships, associations, corporations, 
trusts, unincorporated organizations, nongovern-
mental organizations, or trustees, and includes any 
agent, contractor, subcontractor, grantee or consult-
ant of such employer. 
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(3) The term ‘‘Outer Continental Shelf’’ has 
the meaning that the term ‘‘outer Continental Shelf’’ 
has in the Outer Continental Shelf Lands Act (43 
U.S.C. 1331 et seq.). 
Æ 
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