I 
111TH CONGRESS 
1ST SESSION H. R. 2067 
To amend the Occupational Safety and Health Act of 1970 to expand cov-
erage under the Act, to increase protections for whistleblowers, to in-
crease penalties for certain violators, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2009 
Ms. WOOLSEY (for herself, Mr. ABERCROMBIE, Ms. BERKLEY, Mr. BRADY of 
Pennsylvania, Mr. COHEN, Mr. HARE, Mr. HINCHEY, Ms. HIRONO, Mr. 
HOLT, Mrs. MALONEY, Mr. GEORGE MILLER of California, Mr. PAYNE, 
Mr. ROTHMAN of New Jersey, Ms. SCHAKOWSKY, Ms. SHEA-PORTER, 
Mr. YARMUTH, and Mr. MCGOVERN) 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 certain viola-
tors, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting America’s 
Workers Act’’. 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.). 
TITLE I—COVERAGE AND 
APPLICATION OF ACT 
SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 
(a) IN GENERAL.—Section 3(5) (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 ‘‘in-
cluding the United States, a State, or a political subdivi-
sion of a State.’’. 
(b) CONSTRUCTION.—Nothing in this Act shall be 
construed to affect the application of section 18 of the Oc-
cupational Safety and Health Act of 1970 (29 U.S.C. 
667). 
SEC. 102. APPLICATION OF ACT. 
Section 4(b) (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: 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
‘‘(1) If a Federal agency has promulgated and is en-
forcing 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 promul-
gated 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 enforce-
ment 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 pro-
cedures by which any person who may be adversely af-
fected 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 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
rescind a certification notice under paragraph (1). Upon 
receipt of such a petition, the Secretary shall investigate 
the matter involved and shall, within 90 days after receipt 
of the petition, publish a decision with respect to the peti-
tion 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 Fed-
eral agency pursuant to paragraph (1); or 
‘‘(B) a decision of the Secretary denying a peti-
tion to rescind such a certification notice under 
paragraph (1), 
may, not later than 60 days after such decision is pub-
lished 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 arbi-
trary, capricious, an abuse of discretion, or otherwise not 
in accordance with law. 
‘‘(4) Nothing in this Act shall apply to working condi-
tions covered by the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 801 et seq.).’’. 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
TITLE II—INCREASING PROTEC-
TIONS FOR WHISTLE BLOW-
ERS 
SEC. 201. EMPLOYEE ACTIONS. 
Section 11(c)(1) (29 U.S.C. 660(c)(1)) is amended 
by inserting before the period at the end the following: 
‘‘, including reporting any injury, illness, or unsafe condi-
tion to the employer, agent of the employer, safety and 
health committee involved, or employee safety and health 
representative involved’’. 
SEC. 202. PROHIBITION OF DISCRIMINATION. 
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing paragraph (2) and inserting the following: 
‘‘(2) No person shall discharge or in any manner dis-
criminate against an employee for refusing to perform the 
employee’s duties if the employee has a reasonable appre-
hension that performing such duties would result in seri-
ous injury to, or serious impairment of the health of, the 
employee or other employees. The circumstances causing 
the employee’s apprehension of serious injury or serious 
impairment of health shall be of such a nature that a rea-
sonable person, under the circumstances confronting the 
employee, would conclude that there is a bona fide danger 
of a serious injury, or serious impairment of health, result-
ing from the circumstances. In order to qualify for protec-
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
tion under this paragraph, the employee, when practicable, 
shall have sought from the employee’s employer, and have 
been unable to obtain, a correction of the circumstances 
causing the refusal to perform the employee’s duties.’’. 
SEC. 203. PROCEDURE. 
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing paragraph (3) and inserting the following: 
‘‘(3) Any employee who believes that the employee 
has been discharged, disciplined, or otherwise discrimi-
nated against by any person in violation of paragraph (1) 
or (2) may, within 180 days after such alleged violation 
occurs, file (or have filed by any person on the employee’s 
behalf) a complaint with the Secretary alleging that such 
discharge or discrimination violates paragraph (1) or (2). 
Upon receipt of such a complaint, the Secretary shall no-
tify the person named in the complaint (referred to in this 
subsection as the ‘respondent’) of the filing of the com-
plaint. 
‘‘(4)(A)(i) Not later than 60 days after the receipt 
of a complaint filed under paragraph (3), the Secretary 
shall conduct an investigation and determine whether 
there is reasonable cause to believe that the complaint has 
merit. During the investigation, the Secretary shall notify 
the respondent of the charges made in the complaint, and 
shall provide such person with an opportunity to meet with 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
the inspector conducting the investigation, to submit a re-
sponse to such charges, and to present witnesses to rebut 
such charges. The Secretary shall also consider the result 
of any grievance proceeding provided for in a collective 
bargaining agreement, that may have been held with re-
spect to such charges. Upon completion of the investiga-
tion, the Secretary shall issue findings and notify the com-
plainant and the respondent of the Secretary’s findings. 
If the Secretary has concluded that there is reasonable 
cause to believe that a violation has occurred, the Sec-
retary’s findings shall be accompanied by a preliminary 
order providing the relief prescribed by subparagraph (B). 
‘‘(ii)(I) Not later than 30 days after the Secretary 
has issued findings under clause (i), either the respondent 
or the complainant may file objections to the findings or 
preliminary order, and request a hearing on the record, 
except that the filing of such objections shall not operate 
to stay any reinstatement remedy contained in the prelimi-
nary order. 
‘‘(II) If a hearing described in subclause (I) is not 
requested in the 30-day period described in such subclause 
with respect to a preliminary order, the order shall be 
deemed to be a final order and not subject to judicial re-
view. 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
‘‘(iii) If the Secretary does not issue findings under 
clause (i) with respect to a complaint within 90 days after 
the receipt of the complaint, the complainant may request 
a hearing on the record on the complaint. 
‘‘(iv) The Secretary shall expeditiously conduct a 
hearing requested under clause (ii) or (iii). Upon the con-
clusion of such hearing, the Secretary shall issue a final 
order within 120 days. Until the issuance of a final order, 
such hearing may be terminated at any time on the basis 
of a settlement agreement entered into by the Secretary, 
the complainant, and the respondent. 
‘‘(B)(i) If, in response to a complaint filed under 
paragraph (3), the Secretary determines that a violation 
of paragraph (1) or (2) has occurred, in issuing an order 
under subparagraph (A)(iv), the Secretary shall require— 
‘‘(I) the respondent who committed such viola-
tion to correct the violation; 
‘‘(II) such respondent to reinstate the complain-
ant to the complainant’s former position together 
with the compensation (including backpay), terms, 
conditions, and privileges of the complainant’s em-
ployment; and 
‘‘(III) such respondent to pay compensatory 
damages. 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
‘‘(ii) On issuing an order requiring a remedy de-
scribed in clause (i), the Secretary, at the request of the 
complainant, may assess against the respondent against 
whom the order is issued a sum equal to the aggregate 
amount of all costs and expenses (including attorney’s 
fees) reasonably incurred, as determined by the Secretary, 
by the complainant for, or in connection with a complaint 
upon which the order was issued. 
‘‘(5)(A) Any person adversely affected or aggrieved 
by an order issued after a hearing conducted under para-
graph (4)(A) may obtain review of the order in the United 
States court of appeals for the circuit in which the viola-
tion, with respect to which the order was issued, allegedly 
occurred, or the circuit in which such person resided on 
the date of such violation. The petition for review shall 
be filed within 60 days after the issuance of the Sec-
retary’s order. Such review shall be conducted in accord-
ance with the provisions of chapter 7 of title 5, United 
States Code. The court shall conduct the review and issue 
a decision expeditiously. 
‘‘(B) If a respondent fails to comply with an order 
issued under paragraph (4)(A), the Secretary shall file a 
civil action in the United States district court for the dis-
trict in which the violation was found to occur in order 
to enforce such order. In actions brought under this sub-
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
paragraph, the district court shall have jurisdiction to 
grant all appropriate relief, including injunctive relief, re-
instatement, and compensatory damages. 
‘‘(6) The legal burdens of proof set forth in section 
1221(e) of title 5, United States Code, shall govern adju-
dication of violations under this subsection.’’. 
SEC. 204. RELATION TO ENFORCEMENT. 
Section 17(j) (29 U.S.C. 666(j)) is amended by in-
serting before the period the following: ‘‘, including the 
history of violations, under section 11(c)’’. 
TITLE III—INCREASING 
PENALTIES FOR VIOLATORS 
SEC. 301. POSTING OF EMPLOYEE RIGHTS. 
Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by 
adding at the end the following new sentence: ‘‘Such regu-
lations shall include provisions requiring employers to post 
for employees information on the protections afforded 
under section 11(c).’’. 
SEC. 302. PROHIBITION ON DISCOURAGING EMPLOYEE RE-
PORTS OF INJURY OR ILLNESS. 
Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by 
adding at the end the following new sentence: ‘‘Such regu-
lations shall prohibit the adoption or implementation of 
policies or practices by the employer that discourage the 
reporting of work-related injuries or illnesses by any em-
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
ployee or in any manner discriminate or provide for ad-
verse action against any employee for reporting a work- 
related injury or illness.’’ 
SEC. 303. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS. 
Section 8(e) (29 U.S.C. 657) 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 con-
ditions of employment for having participated in or aided 
any such inspection.’’. 
SEC. 304. INVESTIGATIONS OF FATALITIES AND SERIOUS 
INCIDENTS. 
Section 8 (29 U.S.C. 657) is amended by adding at 
the end the following new subsection: 
‘‘(i)(1) The Secretary shall investigate any incident 
resulting in death or serious incident, that occurs in a 
place of employment covered by this Act. 
‘‘(2) If an incident resulting in death or serious inci-
dent occurs in a place of employment covered by this Act, 
the employer shall notify the Secretary of the incident in-
volved and shall take appropriate measures to prevent the 
destruction or alteration of any evidence that would assist 
in investigating the incident. The appropriate measures re-
quired by this paragraph do not prevent an employer from 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
taking action on a worksite to prevent injury to employees 
or substantial damage to property. If an employer takes 
such action, the employer shall notify the Secretary of the 
action in a timely fashion. 
‘‘(3) 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) SERIOUS
INCIDENT.—The term ‘serious 
incident’ means an incident that results in the hos-
pitalization of 2 or more employees.’’. 
SEC. 305. PROHIBITION ON UNCLASSIFIED CITATIONS. 
Section 9 (29 U.S.C. 658) is amended by adding at 
the end the following: 
‘‘(d) The Secretary may not designate a citation 
issued under this section as an unclassified citation.’’. 
SEC. 306. VICTIMS’ RIGHTS. 
The Act is amended by inserting after section 9 (29 
U.S.C. 658) the following: 
‘‘SEC. 9A. VICTIM’S RIGHTS. 
‘‘(a) DEFINITION.—In this section, the term ‘victim’ 
means— 
‘‘(1) an employee who has sustained a work-re-
lated injury or illness that is the subject of an in-
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
spection or investigation conducted under section 8, 
or 
‘‘(2) a family member of an employee, if— 
‘‘(A) the employee is killed as a result of 
a work-related injury or illness that is the sub-
ject of an inspection or investigation conducted 
under section 8; or 
‘‘(B) the employee sustains a work-related 
injury or illness that is the subject of an inspec-
tion or investigation conducted under section 8, 
and the employee cannot reasonably exercise 
the employee’s rights under this section. 
‘‘(b) RIGHTS.—On request, a victim or the represent-
ative of a victim, shall be afforded the right, with respect 
to a work-related injury or illness (including a death re-
sulting from a work-related injury or illness) involving an 
employee, to— 
‘‘(1) meet with the Secretary, or an authorized 
representative of the Secretary, regarding the in-
spection or investigation conducted under section 8 
concerning the employee’s injury or illness before the 
Secretary’s decision to issue a citation or take no ac-
tion; and 
‘‘(2)(A) receive, at no cost, a copy of any cita-
tion or report, issued as a result of such inspection 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
or investigation, on the later of the date the citation 
or report is issued and the date of the request; 
‘‘(B) be informed of any notice of contest filed 
under section 10; and 
‘‘(C) be provided an explanation of the rights of 
employee and employee representatives to participate 
in proceedings conducted under section 10. 
‘‘(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 
resulting in death or serious incident under section 8, the 
Secretary, on request, shall provide an opportunity to the 
victim or the representative of a victim to appear and 
make a statement before the parties conducting settlement 
negotiations. 
‘‘(d) NOTIFICATION AND REVIEW.—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.’’. 
SEC. 307. RIGHT TO CONTEST CITATIONS AND PENALTIES. 
The first sentence of section 10(c) (29 U.S.C. 659(c)) 
is amended— 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
(1) by inserting after ‘‘the issuance of a cita-
tion’’ the following: ‘‘(including a modification of a 
citation issued)’’; and 
(2) 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’’. 
SEC. 308. ABATEMENT OF SERIOUS HAZARDS DURING EM-
PLOYER CONTESTS TO A CITATION. 
(a) CITATIONS AND ENFORCEMENT.—Section 10(b) 
(29 U.S.C. 659(b)) is amended— 
(1) by inserting after ‘‘which period’’ the fol-
lowing: ‘‘for other than serious violations’’; and 
(2) by adding at the end the following: ‘‘In lieu 
of providing the notification required by this sub-
section, where a notice of contest to a citation is 
pending before the Commission, the Secretary may 
by appropriate motion in that proceeding assert that 
the employer has failed to abate the violation within 
the time period fixed in the citation.’’. 
(b) EMPLOYER CONTEST.—Section 10(c) (29 U.S.C. 
659) is amended by inserting after the first sentence the 
following: ‘‘The pendency of a contest before the Commis-
sion shall not bar the Secretary from inspecting a place 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
of employment or from issuing a citation under section 
9.’’. 
SEC. 309. OBJECTIONS TO MODIFICATION OF CITATIONS. 
Section 10 (29 U.S.C. 659) is amended by adding 
at the end the following new subsection: 
‘‘(d)(1) If the Secretary intends to withdraw or to 
modify a citation issued under section 9(a) as a result of 
any agreement with the cited employer, the Secretary shall 
provide (in accordance with rules of procedure prescribed 
by the Commission) prompt notice to affected employees 
or representatives of affected employees, and that notice 
shall include the terms of the proposed agreement. 
‘‘(2) Not later than 15 working days after the receipt 
of a notice provided in accordance with paragraph (1), any 
employee or representative of employees, regardless of 
whether such employee or representative has previously 
elected to participate in the proceedings involved, shall 
have the right to file a notice with the Secretary alleging 
that the proposed agreement fails to effectuate the pur-
poses of this Act and stating the respects in which the 
agreement fails to effectuate the purposes. 
‘‘(3) Upon receipt of a notice filed under paragraph 
(2), the Secretary shall consider the statements presented 
in the notice, and if the Secretary determines to proceed 
with the proposed agreement, the Secretary shall respond 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
with particularity to the statements presented in the no-
tice. 
‘‘(4) Not later than 15 working days following the 
Secretary’s response provided pursuant to paragraph (3), 
the employee or representative of employees shall, on mak-
ing a request to the Commission, be entitled to a hearing 
before the Commission as to whether adoption of the pro-
posed agreement would effectuate the purposes of this Act, 
including a determination as to whether the proposed 
agreement would adequately abate the alleged violations 
alleged in the citation. 
‘‘(5) If the Commission determines that the proposed 
agreement fails to effectuate the purposes of this Act, the 
proposed agreement shall not be entered as an order of 
the Commission and the citation shall not be withdrawn 
or modified in accordance with the proposed agreement.’’. 
SEC. 310. CIVIL PENALTIES. 
(a) IN GENERAL.—Section 17 (29 U.S.C. 666) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘$70,000’’ and inserting 
‘‘$120,000’’; 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$8,000’’; and 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
(C) by adding at the end the following: ‘‘If 
such a violation causes the death of an em-
ployee, such civil penalty amounts shall be in-
creased to not more than $250,000 for such 
violation, but not less than $50,000 for such 
violation, except that for an employer with 25 
or fewer employees such penalty shall not be 
less than $25,000 for such violation.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$12,000’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation causes the death of an em-
ployee, such civil penalty amounts shall be in-
creased to not more than $50,000 for such vio-
lation, but not less than $20,000 for such viola-
tion, except that for an employer with 25 or 
fewer employees such penalty shall not be less 
than $10,000 for such violation.’’; 
(3) in subsection (c)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$12,000’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation causes the death of an em-
ployee, such civil penalty amounts shall be in-
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
creased to not more than $50,000 for such vio-
lation, but not less than $20,000 for such viola-
tion, except that for an employer with 25 or 
fewer employees such penalty shall not be less 
than $10,000 for such violation.’’; 
(4) in subsection (d)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$12,000’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation causes the death of an em-
ployee, such civil penalty amounts shall be in-
creased to not more than $50,000 for such vio-
lation, but not less than $20,000 for such viola-
tion, except that for an employer with 25 or 
fewer employees such penalty shall not be less 
than $10,000 for such violation.’’; 
(5) by redesignating subsections (e) through (l) 
as subsections (f) through (m), respectively; and 
(6) in subsection (j) (as redesignated in para-
graph (5)), by striking ‘‘$7,000’’ and inserting 
‘‘$12,000;’’. 
(b) INFLATION
ADJUSTMENT.—Section 17 (29 
U.S.C. 666) (as amended by subsection (a)) is further 
amended by inserting after subsection (d) the following: 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
‘‘(e) Amounts provided under this section for civil 
penalties shall be adjusted by the Secretary at least once 
during each 4-year period to account for the percentage 
increase or decrease in the Consumer Price Index for all 
urban consumers during such period.’’. 
SEC. 311. OSHA CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 17 (29 U.S.C. 666) (as 
amended by section 310) is further amended— 
(1) by amending subsection (f) to read as fol-
lows: 
‘‘(f)(1) Any employer who willfully violates any stand-
ard, rule, or order promulgated pursuant to section 6 of 
this Act, or of any regulations prescribed pursuant to this 
Act, and that violation caused death to any employee, 
shall, upon conviction, be punished by a fine in accordance 
with section 3571 of 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 
with section 3571 of 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 ‘em-
ployer’ means, in addition to the definition contained in 
section 3 of this Act, any responsible corporate officer.’’; 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
(2) in subsection (g), by striking ‘‘fine of not 
more than $1,000 or by imprisonment for not more 
than six months,’’ and inserting ‘‘fine in accordance 
with section 3571 of title 18, United States Code, or 
by imprisonment for not more than 2 years,’’; 
(3) in subsection (h), by striking ‘‘fine of not 
more than $10,000, or by imprisonment for not 
more than six months,’’ and inserting ‘‘fine in ac-
cordance with section 3571 of title 18, United States 
Code, or by imprisonment for not more than 5 
years,’’; 
(4) by redesignating subsections (j) through 
(m) as subsections (k) through (n), respectively; and 
(5) by inserting after subsection (i) the fol-
lowing: 
‘‘(j)(1) Any employer who willfully violates any stand-
ard, rule, or order promulgated pursuant to section 6, or 
any regulation prescribed pursuant to this Act, and that 
violation causes serious bodily injury to any employee but 
does not cause death to any employee, shall, upon convic-
tion, be punished by a fine in accordance with section 
3571 of 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 convic-
tion of such person under this subsection or subsection 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
(e), punishment shall be by a fine in accordance with sec-
tion 3571 of title 18, United States Code, or by imprison-
ment 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 responsible corporate officer.’’. 
(b) DEFINITION.—Section 3 (29 U.S.C. 652) is 
amended by adding at the end the following: 
‘‘(15) The term ‘serious bodily injury’ means 
bodily injury that involves— 
‘‘(A) a substantial risk of death; 
‘‘(B) protracted unconsciousness; 
‘‘(C) protracted and obvious physical dis-
figurement; or 
‘‘(D) protracted loss or impairment, of the 
function of a bodily member, organ, or mental 
faculty.’’. 
(c) JURISDICTION FOR PROSECUTION UNDER STATE 
AND LOCAL CRIMINAL LAWS.—Section 17 (29 U.S.C. 
666) (as amended by subsection (a)) 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.’’. 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS
TITLE IV—EFFECTIVE DATE 
SEC. 401. 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 90 days after the date of enactment 
of this Act. 
(b) EXCEPTIONS FOR STATES AND POLITICAL SUB-
DIVISIONS.—The following are exceptions to the effective 
date described in subsection (a): 
(1) A State that has a State plan approved 
under section 18 (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 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 not later than 36 months after 
the date of the enactment of this Act in a State, or 
a political subdivision of a State, that does not have 
a State plan approved under section 18 (29 U.S.C. 
667). 
Æ 
VerDate Nov 24 2008 
23:56 Apr 24, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6301
E:\BILLS\H2067.IH
H2067
jbell on PROD1PC71 with BILLS