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106TH CONGRESS
1ST SESSION
H. R. 1851
To amend the Occupational Safety and Health Act of 1970 to enhance
protections for employees reporting workplace hazards to the Occupa-
tional Safety and Health Administration.
IN THE HOUSE OF REPRESENTATIVES
MAY 18, 1999
Mr. OWENS (for himself, Mr. CLAY, Mr. GEORGE MILLER of California, Mr.
MARTINEZ, Mr. PAYNE, Mr. KUCINICH, and Ms. WOOLSEY) introduced
the following bill; which was referred to the Committee on Education and
the Workforce
A BILL
To amend the Occupational Safety and Health Act of 1970
to enhance protections for employees reporting workplace
hazards to the Occupational Safety and Health Adminis-
tration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Hazard Reporting Protection Act of 1999’’.
(b) REFERENCE.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
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to, or repeal of, a section or other provision, the reference
shall be considered to be made in a section or other provi-
sion of the Occupational Safety and Health Act of 1970
(29 U.S.C. 651 et seq.)
SEC. 2. EMPLOYEE ACTIONS.
Section 11(c)(1) (29 U.S.C. 660(c)(1) is amended by
adding at the end the following: ‘‘including reporting any
injury, illness or unsafe condition.’’
SEC. 3. PROHIBITION OF DISCRIMINATION.
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing out paragraph (2) and inserting in lieu thereof the
following:
‘‘(2) No person shall discharge or in any man-
ner discriminate against an employee for refusing to
perform the employee’s duties when the employee
has a reasonable apprehension that performing such
duties would result in serious injury or serious im-
pairment of health to the employee or other employ-
ees. The circumstances causing the employee’s ap-
prehension of serious injury must be of such a na-
ture that a reasonable person would conclude that
there is a danger of serious injury or serious impair-
ment of health. In order to qualify for protection,
where possible, the employee must have commu-
nicated to his employer the danger perceived.’’.
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SEC. 4. PROCEDURE.
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing out paragraph (3) and inserting in lieu thereof the
following:
‘‘(3) Any employee who believes that he has
been discharged, disciplined, or otherwise discrimi-
nate against in violation of paragraph (1) or (2)
may, within 180 days after such alleged violation oc-
curs, file (or have filed by any person on the employ-
ee’s behalf) a complaint with the Secretary alleging
such discharge, discipline, or discrimination. Upon
receipt of such a complaint, the Secretary shall no-
tify the person named in the complaint of the filing
of the complaint.
‘‘(4)(A) Within 90 days of receipt of a com-
plaint filed under paragraph (3), the Secretary shall
conduct an investigation and determine whether
there is reasonable cause to believe that the com-
plaint has merit and notify the complainant and the
person alleged to have committed the violation of
paragraph (1) or (2) of the Secretary’s findings.
Where the Secretary has concluded that there is rea-
sonable cause to believe that a violation has oc-
curred, the Secretary’s findings shall be accom-
panied by a preliminary order providing the relief
prescribed by paragraph (D).
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‘‘Thereafter,
‘‘(i) the person alleged to have committed
the violation or the complainant may, within 30
days, file objections to the findings or prelimi-
nary order, or both, and request a hearing on
the record, except that the filing of such objec-
tions shall not operate to stay any reinstate-
ment remedy contained in the preliminary
order.
‘‘(ii) Where a hearing is not timely re-
quested, the preliminary order shall be deemed
a final order which is not subject to judicial re-
view.
‘‘(B) If the Secretary has not issued findings
under paragraph (4)(A) within 90 days, and the em-
ployee or representative of the employee files a re-
quest for a hearing with the Secretary, the Secretary
shall afford an opportunity for a hearing on the
record.
‘‘(C) When requested, a hearing shall be con-
ducted by an administrative law judge of the De-
partment of Labor and a recommended decision and
order issued expeditiously. The legal burdens of
proof that prevail under section 1221 of title 5,
United States Code, shall govern adjudication of vio-
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lations under this subsection. The Secretary shall
issue a final order within 120 days of the issuance
of the recommended decision. In the interim, such
proceedings may be terminated at any time on the
basis of a settlement agreement entered into by the
Secretary, the complainant, and the person alleged
to have committed the violation.
‘‘(D) If, in response to a complaint filed under
paragraph (3), the Secretary determines that a vio-
lation of paragraphs (1) or (2) has occurred, the
Secretary may order—
‘‘(i) the person who committed such viola-
tion to correct the violation,
‘‘(ii) such person to reinstate the complain-
ant to the complainant’s former position to-
gether with the compensation (including back
pay), terms, conditions, and privileges of the
position,
‘‘(iii) compensatory damages, and
‘‘(iv) exemplary damages.
Upon issuance of such an order, the Secretary may
assess against the person against whom the order is
issued a sum equal to the aggregate amount of all
costs and expenses (including attorney’s fees and ex-
pert witness fees) reasonably incurred, as deter-
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‘‘(B) Whenever a person has failed to comply
with a final order or an order of reinstatement
issued under paragraph (4), the Secretary or the
person on behalf of whom the order was issued may
file a civil action in the United States district court
for the district in which the violation was found to
occur in order to enforce such order. In actions
brought under this subparagraph, the district court
shall have jurisdiction to grant additional appro-
priate relief in light of the noncompliance.’’.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect ninety days after the date
of enactment of this Act.
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