(5) by redesignating subsections (e) through (i) 
and subsections (j) through (l), as subsections (f) 
through (j) and subsections (l) through (n), respec-
tively; and 
(6) in subsection (j) (as so redesignated) by 
striking ‘‘$7,000’’ and inserting ‘‘$15,625’’. 
(b) INFLATION ADJUSTMENT.—Section 17 of such 
Act (29 U.S.C. 666), as amended by subsection (a), is fur-
ther amended by inserting after subsection (d) the fol-
lowing: 
‘‘(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 Pen-
alties 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: 
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‘‘(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 pun-
ished 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 com-
mitted 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 imprison-
ment for not more than 20 years, or by both. 
‘‘(2) For the purpose of this subsection, the term ‘em-
ployer’ 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.’’; 
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(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 redesig-
nated 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 viola-
tion 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 impris-
onment 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 sub-
section (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 ‘em-
ployer’ means, in addition to the definition contained in 
section 3 of this Act, any officer or director. 
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‘‘(3) For purposes of this subsection, the term ‘seri-
ous bodily harm’ means bodily injury or illness that in-
volves— 
‘‘(A) a substantial risk of death; 
‘‘(B) protracted unconsciousness; 
‘‘(C) protracted and obvious physical disfigure-
ment; or 
‘‘(D) protracted loss or impairment, either tem-
porary 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 sec-
tion 351(a)(5)) is amended by adding at the end the fol-
lowing: ‘‘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 
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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 com-
pounded daily. Post-final order interest shall begin to ac-
crue 30 days after the date a final order of the Commis-
sion 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 fol-
lows: 
‘‘(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 
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finds, on the basis of such evaluation, that in the adminis-
tration of the State plan there is a failure to comply sub-
stantially with any provision of the State plan (or any as-
surance 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 no-
tice 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 defi-
ciencies, the Secretary shall afford the State an oppor-
tunity 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 hear-
ing, make a determination to affirm, reverse, or modify 
the Secretary’s initial determination to reassert and exer-
cise 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). Fol-
lowing such a determination by the Secretary, or in the 
event that the State does not request a hearing within the 
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timeframe set forth in this paragraph, the Secretary may 
reassert and exercise such concurrent enforcement author-
ity, while a final determination is pending under para-
graph (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 au-
thority. 
‘‘(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 Sec-
retary 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 with-
drawal of the plan. 
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‘‘(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 op-
portunity to respond to the Secretary’s findings and the 
opportunity to remedy such deficiencies within a time pe-
riod 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 defi-
ciencies in the time period set by the Secretary, and the 
State has a plan to correct the deficiencies within a rea-
sonable 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 provi-
sion 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 sub-
section: 
‘‘(i) Not later than 18 months after the date of enact-
ment 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 
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least as effective as the Federal program and to evaluate 
whether the Secretary’s oversight of State plans is effec-
tive. The Comptroller General’s evaluation shall assess— 
‘‘(1) the effectiveness of the Secretary’s over-
sight of State plans, including the indices of effec-
tiveness used by the Secretary; 
‘‘(2) whether the Secretary’s investigations in 
response to Complaints About State Plan Adminis-
tration (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 discrimina-
tion 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 proce-
dures, hazard recognition, verification of abate-
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ment, violation classification, citation and pen-
alty issuance, including appropriate use of will-
ful and repeat citations, and employee involve-
ment; 
‘‘(B) inspections, the number of pro-
grammed health and safety inspections at pri-
vate 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 wheth-
er the State is providing adequate budget re-
sources to hire, train and retain sufficient num-
bers of qualified staff, including timely filling of 
vacancies; 
‘‘(D) administrative review, including the 
quality of decisions, consistency with Federal 
precedent, transparency of proceedings, deci-
sions 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 inves-
tigators are properly trained to investigate dis-
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crimination complaints, whether a case file re-
view indicates merit cases are properly identi-
fied consistent with Federal policy and proce-
dure, whether employees are notified of their 
rights, and whether there is an effective process 
for employees to appeal the dismissal of a com-
plaint; 
‘‘(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 applica-
ble 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 sec-
tion 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.’’. 
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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 ap-
proved 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.’’. 
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TITLE V—NATIONAL INSTITUTE 
FOR OCCUPATIONAL SAFETY 
AND HEALTH 
SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NA-
TIONAL 
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 reason-
able 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 con-
centrations as used or found or whether any physical 
agents, equipment, or working condition found or used has 
potentially hazardous effects; and shall submit such deter-
mination 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 establish-
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ment and supervision of programs for the education and 
training of employers and employees in the recognition, 
avoidance, and prevention of unsafe or unhealthful work-
ing conditions, and employee rights and employer respon-
sibilities under this Act, which shall include grant pro-
grams to provide grants for nonprofit organizations (in-
cluding grants to develop or expand the capacity of such 
organizations to provide safety and health training, edu-
cation, and related assistance to the targeted audiences, 
grants for the training of employees and employers on oc-
cupational 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 sub-
section (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 SUB-
DIVISIONS.—The following are exceptions to the effective 
date described in subsection (a): 
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(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 pe-
riod 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 enact-
ment 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 re-
spect to a workplace of a State, or a political sub-
division of a State, that does not have a State plan 
approved under such section 18 (29 U.S.C. 667). 
Æ 
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