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 
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 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 
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‘‘(2) for the informal review of any claim of a 
denial of such a right.’’. 
SEC. 305. RIGHT TO CONTEST CITATIONS AND PENALTIES. 
The first sentence of section 10(c) (29 U.S.C. 659(c)) 
is amended— 
(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. 306. 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 
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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 
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 
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the Commission and the citation shall not be withdrawn 
or modified in accordance with the proposed agreement.’’. 
SEC. 307. CIVIL PENALTIES. 
Section 17 (29 U.S.C. 666) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘$70,000’’ and inserting 
‘‘$100,000’’; 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$7,000’’; and 
(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.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$10,000’’; 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.’’; 
(3) in subsection (c)— 
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(A) by striking ‘‘$7,000’’ and inserting 
‘‘$10,000’’; 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.’’; 
(4) in subsection (d)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$10,000’’; 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.’’; and 
(5) in subsection (i), by striking ‘‘$7,000’’ and 
inserting ‘‘$10,000’’. 
SEC. 308. OSHA CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 17 (29 U.S.C. 666) (as 
amended by section 307) is further amended— 
(1) in subsection (e)— 
(A) by striking ‘‘fine of not more than 
$10,000’’ and inserting ‘‘fine in accordance 
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with section 3571 of title 18, United States 
Code,’’; 
(B) by striking ‘‘six months’’ and inserting 
‘‘10 years’’; 
(C) by inserting ‘‘under this subsection or 
subsection (i)’’ after ‘‘first conviction of such 
person’’; 
(D) by striking ‘‘fine of not more than 
$20,000’’ and inserting ‘‘fine in accordance 
with section 3571 of title 18, United States 
Code,’’; and 
(E) by striking ‘‘one year’’ and inserting 
‘‘20 years’’; 
(2) in subsection (f), 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 (g), 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 1 
year,’’; 
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