(A) implementation of the safe patient 
handling plan in accordance with this Act and 
the standard established under section 2; and 
(B) compliance with reporting and review-
ing findings for continual improvements to the 
safe patient handling plan. 
SEC. 
4. 
PROTECTION 
OF 
DIRECT-CARE 
REGISTERED 
NURSES AND OTHER INDIVIDUALS. 
(a) REFUSAL OF ASSIGNMENT.—A direct-care reg-
istered nurse or other health care provider may refuse to 
accept an assignment in a health care facility if— 
(1) the assignment would violate the standard 
establish under section 2; or 
(2) the direct-care registered nurse or other 
health care provider is not prepared by education, 
training, or experience to fulfill the assignment with-
out compromising the safety of any patient or jeop-
ardizing the license of the nurse. 
(b) RETALIATION FOR REFUSAL OF ASSIGNMENT 
BARRED.— 
(1) NO DISCHARGE, DISCRIMINATION, OR RE-
TALIATION.—No health care facility shall discharge, 
discriminate, or retaliate in any manner with respect 
to any aspect of employment, including discharge, 
promotion, compensation, or terms, conditions, or 
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privileges of employment, against a direct-care reg-
istered nurse or other health care provider based on 
his or her refusal of a work assignment under sub-
section (a). 
(2) NO FILING OF COMPLAINT.—No health care 
facility shall file a complaint or a report against a 
direct-care registered nurse or other health care pro-
vider with the appropriate State professional discipli-
nary agency because of his or her refusal of a work 
assignment under subsection (a). 
(c) COMPLAINT TO SECRETARY.—A direct-care reg-
istered nurse, health care provider, or other individual 
may file a complaint with the Secretary of Labor against 
a health care facility that violates this Act or a standard 
established under this Act. For any complaint filed, the 
Secretary shall— 
(1) receive and investigate the complaint; 
(2) determine whether a violation of this Act as 
alleged in the complaint has occurred; and 
(3) if such a violation has occurred, issue an 
order that the complaining direct-care registered 
nurse, health care provider, or other individual shall 
not suffer any retaliation under subsection (b) or 
under subsection (d). 
(d) WHISTLEBLOWER PROTECTION.— 
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(1) RETALIATION BARRED.—A health care fa-
cility shall not discriminate or retaliate in any man-
ner with respect to any aspect of employment, in-
cluding hiring, discharge, promotion, compensation, 
or terms, conditions, or privileges of employment 
against any individual who in good faith, individually 
or in conjunction with another person or persons— 
(A) reports a violation or a suspected viola-
tion of this Act or the standard established 
under this Act to the Secretary of Labor, a 
public regulatory agency, a private accreditation 
body, or the management personnel of the 
health care facility; 
(B) initiates, cooperates, or otherwise par-
ticipates in an investigation or proceeding 
brought by the Secretary, a public regulatory 
agency, or a private accreditation body con-
cerning matters covered by this Act; or 
(C) informs or discusses with other individ-
uals or with representatives of health care facil-
ity employees a violation or suspected violation 
of this Act. 
(2) GOOD FAITH DEFINED.—For purposes of 
this subsection, an individual shall be deemed to be 
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acting in good faith if the individual reasonably be-
lieves— 
(A) the information reported or disclosed is 
true; and 
(B) a violation of this Act or the standard 
established under this Act has occurred or may 
occur. 
(e) CAUSE OF ACTION.—Any direct-care registered 
nurse or other health care provider who has been dis-
charged, discriminated, or retaliated against in violation 
of subsection (b)(1) or (d), or against whom a complaint 
has been filed in violation of subsection (b)(2), may bring 
a cause of action in a United States district court. A di-
rect-care registered nurse or other health care provider 
who prevails on the cause of action shall be entitled to 
one or more of the following: 
(1) Reinstatement. 
(2) Reimbursement of lost wages, compensa-
tion, and benefits. 
(3) Attorneys’ fees. 
(4) Court costs. 
(5) Other damages. 
(f) NOTICE.—A health care facility shall include in 
the notice required under section 3(b) an explanation of 
the rights of direct-care registered nurses, health care pro-
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viders, and other individuals under this section and a 
statement that a direct-care registered nurse, health care 
provider, or other individual may file a complaint with the 
Secretary against a health care facility that violates the 
standard issued under section 2, including instructions for 
how to file such a complaint. 
SEC. 5. DEFINITIONS. 
For purposes of this Act: 
(1) DIRECT-CARE
REGISTERED
NURSE.—The 
term ‘‘direct care registered nurse’’ means an indi-
vidual who has been granted a license by at least 1 
State to practice as a registered nurse and who pro-
vides bedside care or outpatient services for 1 or 
more patients. 
(2) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means any person required 
by State or Federal laws or regulations to be li-
censed, registered, or certified to provide health care 
services, and being either so licensed, registered, or 
certified, or exempted from such requirement by 
other statute or regulation. 
(3) EMPLOYMENT.—The term ‘‘employment’’ 
includes the provision of services under a contract or 
other arrangement. 
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