‘‘(ii) providing the complainant an op-
portunity to receive any statements or evi-
dence provided to the Secretary and rebut 
any statements or evidence. 
‘‘(D) ACTION BY THE SECRETARY.—If, upon 
such investigation, the Secretary determines that 
the provisions of this subsection have been vio-
lated, the Secretary shall immediately file a com-
plaint with the Commission, with service upon 
the alleged violator and the miner or other em-
ployee or representative of miners alleging such 
discrimination or interference and propose an 
order granting appropriate relief. 
‘‘(E) ACTION
OF
THE
COMMISSION.—The 
Commission shall afford an opportunity for a 
hearing (in accordance with section 554 of title 
5, United States Code, but without regard to 
subsection (a)(3) of such section) and thereafter 
shall issue an order, based upon findings of fact, 
affirming, modifying, or vacating the Secretary’s 
proposed order, or directing other appropriate 
relief. Such order shall become final 30 days 
after its issuance. The complaining miner or 
other employee, representative, or applicant for 
employment may present additional evidence on 
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his or her own behalf during any hearing held 
pursuant to this paragraph. 
‘‘(F) RELIEF.—The Commission shall have 
authority in such proceedings to require a person 
committing a violation of this subsection to take 
such affirmative action to abate the violation 
and prescribe a remedy as the Commission con-
siders appropriate, including— 
‘‘(i) the rehiring or reinstatement of 
the miner or other employee with back pay 
and interest and without loss of position or 
seniority, and restoration of the terms, 
rights, conditions, and privileges associated 
with the complainant’s employment; 
‘‘(ii) any other compensatory and con-
sequential damages sufficient to make the 
complainant whole, and exemplary damages 
where appropriate; and 
‘‘(iii) expungement of all warnings, 
reprimands, or derogatory references that 
have been placed in paper or electronic 
records or databases of any type relating to 
the actions by the complainant that gave 
rise to the unfavorable personnel action, 
and, at the complainant’s direction, trans-
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mission of a copy of the decision on the 
complaint to any person whom the com-
plainant reasonably believes may have re-
ceived such unfavorable information. 
‘‘(4) NOTICE
TO
AND
ACTION
OF
COMPLAIN-
ANT.— 
‘‘(A) NOTICE TO COMPLAINANT.—Not later 
than 90 days of the receipt of a complaint filed 
under paragraph (2), the Secretary shall notify, 
in writing, the miner or other employee, appli-
cant for employment, or representative of miners 
of his determination whether a violation has oc-
curred. 
‘‘(B) ACTION OF COMPLAINANT.—If the Sec-
retary, upon investigation, determines that the 
provisions of this subsection have not been vio-
lated, the complainant shall have the right, with-
in 30 days after receiving notice of the Sec-
retary’s determination, to file an action in his or 
her own behalf before the Commission, charging 
discrimination or interference in violation of 
paragraph (1). 
‘‘(C) HEARING AND DECISION.—The Com-
mission shall afford an opportunity for a hear-
ing (in accordance with section 554 of title 5, 
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United States Code, but without regard to sub-
section (a)(3) of such section), and thereafter 
shall issue an order, based upon findings of fact, 
dismissing or sustaining the complainant’s 
charges and, if the charges are sustained, grant-
ing such relief as it deems appropriate as de-
scribed in paragraph (3)(D). Such order shall 
become final 30 days after its issuance. 
‘‘(5) BURDEN
OF
PROOF.—In adjudicating a 
complaint pursuant to this subsection, the Commis-
sion may determine that a violation of paragraph (1) 
has occurred only if the complainant demonstrates 
that any conduct described in paragraph (1) with re-
spect to the complainant was a contributing factor in 
the adverse action alleged in the complaint. A deci-
sion or order that is favorable to the complainant 
shall not be issued pursuant to this subsection if the 
respondent demonstrates by clear and convincing evi-
dence that the respondent would have taken the same 
adverse action in the absence of such conduct. 
‘‘(6) ATTORNEYS’ FEES.—Whenever an order is 
issued sustaining the complainant’s charges under 
this subsection, a sum equal to the aggregate amount 
of all costs and expenses, including attorney’s fees, as 
determined by the Commission to have been reason-
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ably incurred by the complainant for, or in connec-
tion with, the institution and prosecution of such pro-
ceedings shall be assessed against the person commit-
ting such violation. The Commission shall determine 
whether such costs and expenses were reasonably in-
curred by the complainant without reference to wheth-
er the Secretary also participated in the proceeding. 
‘‘(7) EXPEDITED
PROCEEDINGS; JUDICIAL
RE-
VIEW.—Proceedings under this subsection shall be ex-
pedited by the Secretary and the Commission. Any 
order issued by the Commission under this subsection 
shall be subject to judicial review in accordance with 
section 106. Violations by any person of paragraph 
(1) shall be subject to the provisions of sections 108 
and 110(a)(4). 
‘‘(8) PROCEDURAL
RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(9) SAVINGS.—Nothing in this subsection shall 
be construed to diminish the rights, privileges, or 
remedies of any employee who exercises rights under 
any Federal or State law or common law, or under 
any collective bargaining agreement.’’. 
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the entire period for which they are idled, not to ex-
ceed 60 days. 
‘‘(2) CLOSURE IN ADVANCE OF ORDER.—If the 
Secretary finds that such mine or such area of a mine 
was closed by the operator in anticipation of the 
issuance of such an order, all miners who are idled 
by such closure shall be entitled to full compensation 
by the operator at their regular rates of pay and in 
accordance with their regular schedules of pay, from 
the time of such closure until such time as the Sec-
retary authorizes reopening of such mine or such area 
of the mine, not to exceed 60 days, except where an 
operator promptly withdraws miners upon discovery 
of a hazard, and notifies the Secretary where re-
quired, and within the prescribed time period. 
‘‘(3) REFUSAL TO COMPLY.—Whenever an oper-
ator violates or fails or refuses to comply with any 
order issued under section 103, 104, 107, 108, or 110, 
all miners employed at the affected mine who would 
have been withdrawn from, or prevented from enter-
ing, such mine or area thereof as a result of such 
order shall be entitled to full compensation by the op-
erator at their regular rates of pay, in addition to 
pay received for work performed after such order was 
issued, for the period beginning when such order was 
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issued and ending when such order is complied with, 
vacated, or terminated. 
‘‘(b) ENFORCEMENT.— 
‘‘(1) COMMISSION
ORDERS.—The Commission 
shall have authority to order compensation due under 
this section upon the filing of a complaint by a miner 
or his representative and after opportunity for hear-
ing subject to section 554 of title 5, United States 
Code. Whenever the Commission issues an order sus-
taining the complaint under this subsection in whole 
or in part, the Commission shall award the complain-
ant reasonable attorneys’ fees and costs. 
‘‘(2) FAILURE
TO
PAY
COMPENSATION
DUE.— 
Consistent with the authority of the Secretary to 
order miners withdrawn from a mine under this Act, 
the Secretary shall order a mine that has been subject 
to a withdrawal order under section 103, 104, 107, 
108, or 110, and has reopened, to be closed again if 
compensation in accordance with the provisions of 
this section is not paid by the end of the next regu-
larly scheduled payroll period following the lifting of 
a withdrawal order. 
‘‘(c) EXPEDITED REVIEW.—If an order is issued which 
results in payments to miners under subsection (a), the op-
erators shall have the right to an expedited review before 
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the Commission using timelines and procedures established 
pursuant to section 316(b)(2)(G)(ii).’’. 
SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD FOR MINES PLACED IN PATTERN 
STATUS. 
The Federal Mine Safety and Health Act of 1977 is 
further amended by adding at the end of title I the fol-
lowing: 
‘‘SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD FOR MINES PLACED IN PATTERN 
STATUS. 
‘‘(a) IN GENERAL.—For purposes of ensuring miners’ 
health and safety and miners’ right to raise concerns there-
of, when an underground coal mine is placed in pattern 
status pursuant to section 104(e), and for 3 years after such 
placement, the operator of such mine may not discharge or 
constructively discharge a miner who is paid on an hourly 
basis and employed at such underground coal mine without 
reasonable job-related grounds based on a failure to satisfac-
torily perform job duties, including compliance with this 
Act and with mandatory health and safety standards or 
other regulations issued under this Act, or other legitimate 
business reason, where the miner has completed the employ-
er’s probationary period, not to exceed 6 months. 
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‘‘(b) CAUSE OF ACTION.—A miner aggrieved by a vio-
lation of subsection (a) may file a complaint in Federal 
district court in the district where the mine is located with-
in 1 year of such violation. 
‘‘(c) REMEDIES.—In an action under subsection (b), 
for any prevailing miner the court shall take affirmative 
action to further the purposes of the Act, which may include 
reinstatement with backpay and compensatory damages. 
Reasonable attorneys’ fees and costs shall be awarded to any 
prevailing miner under this section. 
‘‘(d) PRE-DISPUTE WAIVER PROHIBITED.—A miner’s 
right to a cause of action under this section may not be 
waived with respect to disputes that have not arisen as of 
the time of the waiver. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall be 
construed to limit the availability of rights and remedies 
of miners under any other State or Federal law or a collec-
tive bargaining agreement.’’. 
TITLE V—MODERNIZING HEALTH 
AND SAFETY STANDARDS 
SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS. 
Section 303(d) (30 U.S.C. 863(d)) is amended by add-
ing at the end the following: 
‘‘(3)(A) Not later than 30 days after the issuance of 
the interim final rules promulgated under subparagraph 
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(C), each operator of an underground coal mine shall imple-
ment a communication program at the underground coal 
mine to ensure that each miner is orally briefed on and 
made aware of, prior to traveling to or arriving at the min-
er’s work area and commencing the miner’s assigned 
tasks— 
‘‘(i) any conditions that are hazardous, or that 
violate a mandatory health or safety standard or a 
plan approved under this Act, where the miner is ex-
pected to work or travel; and 
‘‘(ii) the general conditions of that miner’s as-
signed working section or other area where the miner 
is expected to work or travel. 
‘‘(B) Not later than 180 days after the date of enact-
ment of the Robert C. Byrd Miner Safety and Health Act 
of 2010, the Secretary shall promulgate interim final rules 
implementing the requirements of subparagraph (A). The 
Secretary shall issue a final rule not later than 2 years 
after such date.’’. 
SEC. 502. ROCK DUST STANDARDS. 
(a) STANDARDS.—Section 304(d) (30 U.S.C. 864(d)) 
is amended— 
(1) by striking ‘‘Where rock’’ and inserting the 
following: ‘‘ROCK DUST.— 
‘‘(1) IN GENERAL.—Where rock’’; 
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(2) by striking ‘‘65 per centum’’ and all that fol-
lows and inserting ‘‘80 percent. Where methane is 
present in any ventilating current, the percentage of 
incombustible content of such combined dusts shall be 
increased 0.4 percent for each 0.1 percent of meth-
ane.’’; and 
(3) by adding at the end the following: 
‘‘(2) METHODS OF MEASUREMENT.— 
‘‘(A) IN
GENERAL.—Each operator of an 
underground coal mine shall take accurate and 
representative samples which shall measure the 
total incombustible content of combined coal 
dust, rock dust, and other dust in such mine to 
ensure that the coal dust is kept below explosive 
levels through the appropriate application of 
rock dust. 
‘‘(B) DIRECT READING MONITORS.—By the 
later of June 15, 2011, or the date that is 30 
days after the Secretary of Health and Human 
Services has certified in writing that direct read-
ing monitors are commercially available to 
measure total incombustible content in samples 
of combined coal dust, rock dust, and other dust 
and the Department of Labor has approved such 
monitors for use in underground coal mines, the 
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Secretary shall require operators to take such 
dust samples using direct reading monitors. 
‘‘(C) REGULATIONS.—The Secretary shall, 
not later than 180 days after the date of enact-
ment of the Robert C. Byrd Miner Safety and 
Health Act of 2010, promulgate an interim final 
rule that prescribes methods for operator sam-
pling of total incombustible content in samples of 
combined coal dust, rock dust, and other dust 
using direct reading monitors and includes re-
quirements for locations, methods, and intervals 
for mandatory operator sampling. 
‘‘(D) RECOMMENDATIONS.—Not later than 
1 year after the date of enactment of the Robert 
C. Byrd Miner Safety and Health Act of 2010, 
the Secretary of Health and Human Services 
shall, based upon the latest research, recommend 
to the Secretary of Labor any revisions to the 
mandatory operator sampling locations, meth-
ods, and intervals included in the interim final 
rule described in subparagraph (B) that may be 
warranted in light of such research. 
‘‘(3) LIMITATION.—Until a final rule is issued 
by the Secretary under section 502(b)(2) of the Robert 
C. Byrd Miner Safety and Health Act of 2010, any 
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measurement taken by a direct reading monitor de-
scribed in paragraph (2) shall not be admissible to es-
tablish a violation in an enforcement action under 
this Act.’’. 
(b) REPORT AND RULEMAKING AUTHORITY.— 
(1) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Health 
and Human Services, in consultation with the Sec-
retary of Labor, shall prepare and submit, to the 
Committee on Education and Labor of the House of 
Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, a report— 
(A) regarding whether any direct reading 
monitor described in section 304(d)(2)(B) of the 
Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 864(d)(2)(B)) is sufficiently reliable and 
accurate for the enforcement of the mandatory 
health or safety standards by the Secretary of 
Labor under such Act, and whether additional 
improvement to such direct reading monitor, or 
additional verification regarding reliability and 
accuracy, would be needed for enforcement pur-
poses; and 
(B) identifying any limitations or impedi-
ments for such use in underground coal mines. 
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(2) AUTHORITY.—If the Secretary determines 
that such direct reading monitor is sufficiently reli-
able and accurate for the enforcement of mandatory 
health and safety standards under the Federal Mines 
Safety and Health Act of 1977 following such report 
or any update thereto, the Secretary shall promulgate 
a final rule authorizing the use of such direct reading 
monitor for purposes of compliance and enforcement, 
in addition to other methods for determining total in-
combustible content. Such rule shall specify manda-
tory operator sampling locations, methods, and inter-
vals. 
SEC. 503. ATMOSPHERIC MONITORING SYSTEMS. 
Section 317 (30 U.S.C. 877) is amended by adding 
at the end the following: 
‘‘(u) ATMOSPHERIC MONITORING SYSTEMS.— 
‘‘(1) NIOSH 
RECOMMENDATIONS.—Not later 
than 1 year after the date of enactment of the Robert 
C. Byrd Miner Safety and Health Act of 2010, the 
Director of the National Institute for Occupational 
Safety and Health, acting through the Office of Mine 
Safety and Health Research, in consultation, includ-
ing through technical working groups, with operators, 
vendors, State mine safety agencies, the Secretary, 
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and labor representatives of miners, shall issue rec-
ommendations to the Secretary regarding— 
‘‘(A) how to ensure that atmospheric moni-
toring systems are utilized in the underground 
coal mining industry to maximize the health and 
safety of underground coal miners; 
‘‘(B) the implementation of redundant sys-
tems, such as the bundle tubing system, that can 
continuously monitor the mine atmosphere fol-
lowing incidents such as fires, explosions, en-
trapments, and inundations; and 
‘‘(C) other technologies available to conduct 
continuous atmospheric monitoring. 
‘‘(2) ATMOSPHERIC MONITORING SYSTEM REGU-
LATIONS.—Not later than 1 year following the receipt 
of the recommendations described in paragraph (1), 
the Secretary shall promulgate regulations requiring 
that each operator of an underground coal mine in-
stall atmospheric monitoring systems, consistent with 
such recommendations, that— 
‘‘(A) protect miners where the miners nor-
mally work and travel; 
‘‘(B) provide real-time information regard-
ing methane and carbon monoxide levels, and 
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airflow direction, as appropriate, with sensing, 
annunciating, and recording capabilities; and 
‘‘(C) can, to the maximum extent prac-
ticable, withstand explosions and fires.’’. 
SEC. 504. TECHNOLOGY RELATED TO RESPIRABLE DUST. 
Section 202(d) (30 U.S.C. 842(d)) is amended— 
(1) by striking ‘‘of Health, Education, and Wel-
fare’’; and 
(2) by striking the second sentence and inserting 
the following: ‘‘Not later than 2 years after the date 
of enactment of the Robert C. Byrd Miner Safety and 
Health Act of 2010, the Secretary shall promulgate 
final regulations that require operators, beginning on 
the date such regulations are issued, to provide coal 
miners with the maximum feasible protection from 
respirable dust, including coal and silica dust, that is 
achievable through environmental controls, and that 
meet the applicable standards.’’. 
SEC. 505. REFRESHER TRAINING ON MINER RIGHTS AND 
RESPONSIBILITIES. 
(a) IN
GENERAL.—Section 115(a)(3) (30 U.S.C. 
825(a)(3)) is amended to read as follows: 
‘‘(3) all miners shall receive not less than 9 
hours of refresher training not less frequently than 
once every 12 months, and such training shall include 
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one hour of training on the statutory rights and re-
sponsibilities of miners and their representatives 
under this Act and other applicable Federal and State 
law, pursuant to a program of instruction developed 
by the Secretary and delivered by an employee of the 
Administration or by a trainer approved by the Ad-
ministration that is a party independent from the op-
erator;’’. 
(b) NATIONAL HAZARD REPORTING HOTLINE.—Sec-
tion 115 (30 U.S.C. 825) is further amended— 
(1) by redesignating subsections (c) through (e) 
as subsections (d) through (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) Any health and safety training program of in-
struction provided under this section shall include distribu-
tion to miners of information regarding miners’ rights 
under the Act, as well as a toll-free hotline telephone num-
ber, which the Secretary shall maintain to receive com-
plaints from miners and the public regarding hazardous 
conditions, discrimination, safety or health violations, or 
other mine safety or health concerns. Information regarding 
the hotline shall be provided in a portable, convenient for-
mat, such as a durable wallet card, to enable miners to keep 
the information on their person.’’. 
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(c) TIMING OF INITIAL STATUTORY RIGHTS TRAIN-
ING.—Notwithstanding section 115 of the Federal Mine 
Safety and Health Act (as amended by subsection (a)) (30 
U.S.C. 825) or the health and safety training program ap-
proved under such section, an operator shall ensure that 
all miners already employed by the operator on the date 
of enactment of this Act shall receive the one hour of statu-
tory rights and responsibilities training described in section 
115(a)(3) of such Act not later than 180 days after such 
date. 
SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING. 
(a) IN GENERAL.—Section 115 (30 U.S.C. 825) is fur-
ther amended by redesignating subsections (e) and (f) (as 
redesignated) as subsections (f) and (g) and inserting after 
subsection (d) (as redesignated) the following: 
‘‘(e) AUTHORITY TO MANDATE ADDITIONAL TRAIN-
ING.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to issue an order requiring that an operator of a coal 
or other mine provide additional training beyond 
what is otherwise required by law, and specifying the 
time within which such training shall be provided, if 
the Secretary finds that— 
‘‘(A)(i) a serious or fatal accident has oc-
curred at such mine; or 
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‘‘(ii) such mine has experienced accident 
and injury rates, citations for violations of this 
Act (including mandatory health or safety stand-
ards or regulations promulgated under this Act), 
citations for significant and substantial viola-
tions, or withdrawal orders issued under this Act 
at a rate above the average for mines of similar 
size and type; and 
‘‘(B) additional training would benefit the 
health and safety of miners at the mine. 
‘‘(2) WITHDRAWAL ORDER.—If the operator fails 
to provide training ordered under paragraph (1) 
within the specified time, the Secretary shall issue an 
order requiring such operator to cause all affected 
persons, except those persons referred to in section 
104(c), to be withdrawn, and to be prohibited from 
entering such mine, until such operator has provided 
such training.’’. 
(b) CONFORMING AMENDMENTS.—Section 104(g)(2) 
(30 U.S.C. 814(g)(2)) is amended by striking ‘‘under para-
graph (1)’’ both places it appears and inserting ‘‘under 
paragraph (1) or under section 115(e)’’. 
SEC. 507. CERTIFICATION OF PERSONNEL. 
(a) IN GENERAL.—Title I is further amended by add-
ing at the end the following: 
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‘‘SEC. 118. CERTIFICATION OF PERSONNEL. 
‘‘(a) CERTIFICATION REQUIRED.—Any person who is 
authorized or designated by the operator of a coal or other 
mine to perform any duties or provide any training that 
this Act, including a mandatory health or safety standard 
or regulation promulgated pursuant to this Act, requires 
to be performed or provided by a certified, registered, quali-
fied, or otherwise approved person, shall be permitted to 
perform such duties or provide such training only if such 
person has a current certification, registration, qualifica-
tion, or approval to perform such duties or provide such 
training consistent with the requirements of this section. 
‘‘(b) ESTABLISHMENT OF CERTIFICATION REQUIRE-
MENTS AND PROCEDURES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Robert C. Byrd Miner 
Safety and Health Act of 2010, the Secretary shall 
issue mandatory standards to establish— 
‘‘(A) requirements for such certification, 
registration, qualification, or other approval, in-
cluding the experience, examinations, and ref-
erences that may be required as appropriate; 
‘‘(B) time limits for such certifications and 
procedures for obtaining and renewing such cer-
tification, registration, qualification, or other 
approval; and 
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‘‘(C) procedures and criteria for revoking 
such certification, registration, qualification, or 
other approval, including procedures that ensure 
that the Secretary (or a State agency, as appli-
cable) responds to requests for revocation and 
that the names of individuals whose certification 
or other approval has been revoked are provided 
to and maintained by the Secretary, and are 
made available to appropriate State agencies 
through an electronic database. 
‘‘(2) COORDINATION
WITH
STATES.—In devel-
oping such standards, the Secretary shall consult with 
States that have miner certification programs to en-
sure effective coordination with existing State stand-
ards and requirements for certification. The stand-
ards required under paragraph (1) shall provide that 
the certification, registration, qualification, or other 
approval of the State in which the coal or other mine 
is located satisfies the requirement of subsection (a) if 
the State’s program of certification, registration, 
qualification, or other approval is no less stringent 
than the standards established by the Secretary under 
paragraph (1). 
‘‘(c) OPERATOR FEES FOR CERTIFICATION.— 
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‘‘(1) ASSESSMENT AND COLLECTION.—Beginning 
180 days after the date of enactment of the Robert C. 
Byrd Miner Safety and Health Act of 2010, the Sec-
retary shall assess and collect fees, in accordance with 
this subsection, from each operator for each person 
certified under this section. Fees shall be assessed and 
collected in amounts determined by the Secretary as 
necessary to fund the certification programs estab-
lished under this section. 
‘‘(2) USE.—Amounts collected as provided in 
paragraph (1) shall only be available to the Sec-
retary, as provided in paragraph (3), for making ex-
penditures to carry out the certification programs es-
tablished under this subsection. 
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to funds authorized to be appropriated 
under section 114, there is authorized to be appro-
priated to the Assistant Secretary for Mine Safety 
and Health for each fiscal year in which fees are col-
lected under paragraph (1) an amount equal to the 
total amount of fees collected under paragraph (1) 
during that fiscal year. Such amounts are authorized 
to remain available until expended. If on the first day 
of a fiscal year a regular appropriation to the Com-
mission has not been enacted, the Commission shall 
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continue to collect fees (as offsetting collections) under 
this subsection at the rate in effect during the pre-
ceding fiscal year, until 5 days after the date such 
regular appropriation is enacted. 
‘‘(4) COLLECTING AND CREDITING OF FEES.— 
Fees authorized and collected under this subsection 
shall be deposited and credited as offsetting collections 
to the account providing appropriations to the Mine 
Safety and Health Administration and shall not be 
collected for any fiscal year except to the extent and 
in the amount provided in advance in appropriation 
Acts. 
‘‘(d) CITATION; WITHDRAWAL ORDER.—Any operator 
who permits a person to perform any of the health or safety 
related functions described in subsection (a) without a cur-
rent certification which meets the requirements of this sec-
tion shall be considered to have committed an unwarrant-
able failure under section 104(d)(1), and the Secretary shall 
issue an order requiring that the miner be withdrawn or 
reassigned to duties that do not require such certification.’’. 
(b) CONFORMING AMENDMENTS.—Section 318 (30 
U.S.C. 878) is amended— 
(1) by striking subsections (a) and (b); 
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(2) in subsection (c), by redesignating para-
graphs (1) through (3) as subparagraphs (A) through 
(C), respectively; 
(3) in subsection (g), by redesignating para-
graphs (1) through (4) as subparagraphs (A) through 
(D), respectively; and 
(4) by redesignating subsections (c) through (j) 
as paragraphs (1) through (8), respectively. 
TITLE VI—ADDITIONAL MINE 
SAFETY PROVISIONS 
SEC. 601. DEFINITIONS. 
(a) DEFINITION
OF
OPERATOR.—Section 3(d) is 
amended to read as follows: 
‘‘(d) ‘operator’ means— 
‘‘(1) any owner, lessee, or other person 
that— 
‘‘(A) operates or supervises a coal or 
other mine; or 
‘‘(B) controls such mine by making or 
having the authority to make management 
or operational decisions that affect, directly 
or indirectly, the health or safety at such 
mine; or 
‘‘(2) any independent contractor performing 
services or construction at such mine;’’. 
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(b) DEFINITION OF AGENT.—Section 3(e) (30 U.S.C. 
802(e)) is amended by striking ‘‘the miners’’ and inserting 
‘‘any miner’’. 
(c) DEFINITION OF MINER.—Section 3(g) (30 U.S.C. 
802(g)) is amended by inserting after ‘‘or other mine’’ the 
following: ‘‘, and includes any individual who is not cur-
rently working in a coal or other mine but would be cur-
rently working in such mine, but for an accident in such 
mine’’. 
(d) DEFINITION OF SIGNIFICANT AND SUBSTANTIAL 
VIOLATIONS.—Section 3 (30 U.S.C. 802) is further amend-
ed— 
(1) in subsection (m), by striking ‘‘and’’ after the 
semicolon; 
(2) in subsection (n), by striking the period at 
the end and inserting a semicolon; 
(3) in subsection (o), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(p) ‘significant and substantial violation’ 
means a violation of this Act, including any manda-
tory health or safety standard or regulation promul-
gated under this Act, that is of such nature as could 
significantly and substantially contribute to the cause 
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and effect of a coal or other mine safety or health haz-
ard as described in section 104(d).’’. 
SEC. 602. ASSISTANCE TO STATES. 
Section 503 (30 U.S.C. 953(a)) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, in coordination with the Secretary 
of Health, Education, and Welfare and the Sec-
retary of the Interior,’’; 
(B) in paragraph (2), by striking ‘‘and’’ 
after the semicolon; 
(C) in paragraph (3), by striking the period 
and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) to assist such State in developing and im-
plementing any certification program for coal or 
other mines required for compliance with section 
118.’’; and 
(2) in subsection (h), by striking ‘‘$3,000,000 for 
fiscal year 1970, and $10,000,000 annually in each 
succeeding fiscal year’’ and inserting ‘‘$20,000,000 for 
each fiscal year’’. 
SEC. 603. BLACK LUNG MEDICAL REPORTS. 
Title IV of the Black Lung Benefits Act (30 U.S.C. 
901 et seq.) is amended by adding at the end the following: 
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‘‘SEC. 435. MEDICAL REPORTS. 
‘‘In any claim for benefits for a miner under this title, 
an operator that requires a miner to submit to a medical 
examination regarding the miner’s respiratory or pul-
monary condition shall, not later than 14 days after the 
miner has been examined, deliver to the claimant a com-
plete copy of the examining physician’s report. The exam-
ining physician’s report shall be in writing and shall set 
out in detail the examiner’s findings, including any diag-
noses and conclusions and the results of any diagnostic im-
aging techniques and tests that were performed on the 
miner.’’. 
SEC. 604. RULES OF APPLICATION TO CERTAIN MINES. 
(a) INAPPLICABILITY OF AMENDMENTS TO CERTAIN 
MINES.— 
(1) SPECIAL RULE.—The amendments made by 
this Act shall not apply to— 
(A) surface mines, except for surface facili-
ties or impoundments physically connected to— 
(i) underground coal mines; or 
(ii) other underground mines which 
are gassy mines; or 
(B) underground mines which are neither 
coal mines nor gassy mines. 
(2) DEFINITION.—For purposes of this section, 
the term ‘‘gassy mine’’ means a mine, tunnel, or other 
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underground workings in which a flammable mixture 
has been ignited, or has been found with a permissible 
flame safety lamp, or has been determined by air 
analysis to contain 0.25 percent or more (by volume) 
of methane in any open workings when tested at a 
point not less than 12 inches from the roof, face of 
rib. 
(b) RULE OF CONSTRUCTION RELATING TO APPLICA-
BILITY OF CERTAIN PROVISIONS TO SURFACE MINES.— 
Title I is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 119. APPLICABILITY OF CERTAIN PROVISIONS TO 
CERTAIN MINES. 
‘‘(a) RULE OF CONSTRUCTION.—With respect to the 
mines described in subsection (b), this Act as in effect on 
the date before the date of enactment of the Robert C. Byrd 
Miner Safety and Health Act of 2010, shall continue to 
apply to such mines as then in effect. 
‘‘(b) APPLICABLE MINES.— 
‘‘(1) IN GENERAL.—The mines referred to in sub-
section (a) are— 
‘‘(A) surface mines, except for surface facili-
ties or impoundments physically connected to— 
‘‘(i) underground coal mines; or 
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‘‘(ii) other underground mines which 
are gassy mines; and 
‘‘(B) underground mines which are neither 
coal mines nor gassy mines. 
‘‘(2) DEFINITION.—As used in paragraph (1), 
the term ‘gassy mine’ means a mine, tunnel, or other 
underground workings in which a flammable mixture 
has been ignited, or has been found with a permissible 
flame safety lamp, or has been determined by air 
analysis to contain 0.25 percent or more (by volume) 
of methane in any open workings when tested at a 
point not less than 12 inches from the roof, face of 
rib. 
‘‘(c) SAVINGS PROVISION.—Nothing in this section 
shall impact the authority of the Secretary to promulgate 
or modify regulations pursuant to the authority under any 
such provisions as in effect on the date before the date of 
enactment of the Robert C. Byrd Miner Safety and Health 
Act of 2010, or shall be construed to alter or modify prece-
dent with regards to the Commission or courts.’’. 
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TITLE 
VII—AMENDMENTS 
TO 
THE OCCUPATIONAL SAFETY 
AND HEALTH ACT 
SEC. 701. ENHANCED PROTECTIONS FROM RETALIATION. 
(a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the Oc-
cupational Safety and Health Act of 1970 (29 U.S.C. 
660(c)(1)) is amended— 
(1) by striking ‘‘discharge’’ and all that follows 
through ‘‘because such’’ and inserting the following: 
‘‘discharge or cause to be discharged, or in any man-
ner discriminate against or cause to be discriminated 
against, any employee because— 
‘‘(A) such’’; 
(2) by striking ‘‘this Act or has’’ and inserting 
the following: ‘‘this Act; 
‘‘(B) such employee has’’; 
(3) by striking ‘‘in any such proceeding or be-
cause of the exercise’’ and inserting the following: ‘‘be-
fore Congress or in any Federal or State proceeding 
related to safety or health; 
‘‘(C) such employee has refused to violate any 
provision of this Act; or 
‘‘(D) of the exercise’’; and 
(4) by inserting before the period at the end the 
following: ‘‘, including the reporting of any injury, 
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illness, or unsafe condition to the employer, agent of 
the employer, safety and health committee involved, or 
employee safety and health representative involved’’. 
(b) PROHIBITION OF RETALIATION.—Section 11(c) of 
such Act (29 U.S.C. 660(c)) is amended by striking para-
graph (2) and inserting the following: 
‘‘(2) PROHIBITION
OF
RETALIATION.—(A) No 
person shall discharge, or cause to be discharged, or 
in any manner discriminate against, or cause to be 
discriminated against, an employee for refusing to 
perform the employee’s duties if the employee has a 
reasonable apprehension that performing such duties 
would result in serious injury to, or serious impair-
ment of the health of, the employee or other employees. 
‘‘(B) For purposes of subparagraph (A), the cir-
cumstances causing the employee’s good-faith belief 
that performing such duties would pose a safety or 
health hazard shall be of such a nature that a reason-
able person, under the circumstances confronting the 
employee, would conclude that there is such a hazard. 
In order to qualify for protection under this para-
graph, the employee, when practicable, shall have 
communicated or attempted to communicate the safe-
ty or health concern to the employer and have not re-
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ceived from the employer a response reasonably cal-
culated to allay such concern.’’. 
(c) PROCEDURE.—Section 11(c) of such Act (29 U.S.C. 
660(c)) is amended by striking paragraph (3) and inserting 
the following: 
‘‘(3) COMPLAINT.—Any employee who believes 
that the employee has been discharged, disciplined, or 
otherwise discriminated against by any person in vio-
lation of paragraph (1) or (2) may seek relief for such 
violation by filing a complaint with the Secretary 
under paragraph (5). 
‘‘(4) STATUTE OF LIMITATIONS.— 
‘‘(A) IN GENERAL.—An employee may take 
the action permitted by paragraph (3)(A) not 
later than 180 days after the later of— 
‘‘(i) the date on which an alleged viola-
tion of paragraph (1) or (2) occurs; or 
‘‘(ii) the date on which the employee 
knows or should reasonably have known 
that such alleged violation occurred. 
‘‘(B) REPEAT VIOLATION.—Except in cases 
when the employee has been discharged, a viola-
tion of paragraph (1) or (2) shall be considered 
to have occurred on the last date an alleged re-
peat violation occurred. 
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‘‘(5) INVESTIGATION.— 
‘‘(A) IN
GENERAL.—An employee may, 
within the time period required under para-
graph (4)(B), file a complaint with the Secretary 
alleging a violation of paragraph (1) or (2). If 
the complaint alleges a prima facie case, the Sec-
retary shall conduct an investigation of the alle-
gations in the complaint, which— 
‘‘(i) shall include— 
‘‘(I) interviewing the complain-
ant; 
‘‘(II) providing the respondent an 
opportunity to— 
‘‘(aa) submit to the Secretary 
a written response to the com-
plaint; and 
‘‘(bb) meet with the Secretary 
to present statements from wit-
nesses or provide evidence; and 
‘‘(III) providing the complainant 
an opportunity to— 
‘‘(aa) receive any statements 
or evidence provided to the Sec-
retary; 
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‘‘(bb) meet with the Sec-
retary; and 
‘‘(cc) rebut any statements or 
evidence; and 
‘‘(ii) may include issuing subpoenas 
for the purposes of such investigation. 
‘‘(B) DECISION.—Not later than 90 days 
after the filing of the complaint, the Secretary 
shall— 
‘‘(i) 
determine 
whether 
reasonable 
cause exists to believe that a violation of 
paragraph (1) or (2) has occurred; and 
‘‘(ii) issue a decision granting or deny-
ing relief. 
‘‘(6) PRELIMINARY
ORDER
FOLLOWING
INVES-
TIGATION.—If, after completion of an investigation 
under paragraph (5)(A), the Secretary finds reason-
able cause to believe that a violation of paragraph (1) 
or (2) has occurred, the Secretary shall issue a pre-
liminary order providing relief authorized under 
paragraph (14) at the same time the Secretary issues 
a decision under paragraph (5)(B). If a de novo hear-
ing is not requested within the time period required 
under paragraph (7)(A)(i), such preliminary order 
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shall be deemed a final order of the Secretary and is 
not subject to judicial review. 
‘‘(7) HEARING.— 
‘‘(A) REQUEST FOR HEARING.— 
‘‘(i) IN GENERAL.—A de novo hearing 
on the record before an administrative law 
judge may be requested— 
‘‘(I) by the complainant or re-
spondent within 30 days after receiv-
ing notification of a decision granting 
or denying relief issued under para-
graph (5)(B) or paragraph (6) respec-
tively; 
‘‘(II) by the complainant within 
30 days after the date the complaint is 
dismissed without investigation by the 
Secretary under paragraph (5)(A); or 
‘‘(III) by the complainant within 
120 days after the date of filing the 
complaint, if the Secretary has not 
issued a decision under paragraph 
(5)(B). 
‘‘(ii) REINSTATEMENT
ORDER.—The 
request for a hearing shall not operate to 
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stay any preliminary reinstatement order 
issued under paragraph (6). 
‘‘(B) PROCEDURES.— 
‘‘(i) IN
GENERAL.—A hearing re-
quested under this paragraph shall be con-
ducted expeditiously and in accordance 
with rules established by the Secretary for 
hearings conducted by administrative law 
judges. 
‘‘(ii) SUBPOENAS; PRODUCTION OF EVI-
DENCE.—In conducting any such hearing, 
the administrative law judge may issue sub-
poenas. The respondent or complainant 
may request the issuance of subpoenas that 
require the deposition of, or the attendance 
and testimony of, witnesses and the produc-
tion of any evidence (including any books, 
papers, documents, or recordings) relating 
to the matter under consideration. 
‘‘(iii) DECISION.—The administrative 
law judge shall issue a decision not later 
than 90 days after the date on which a 
hearing was requested under this paragraph 
and promptly notify, in writing, the parties 
and the Secretary of such decision, includ-
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ing the findings of fact and conclusions of 
law. If the administrative law judge finds 
that a violation of paragraph (1) or (2) has 
occurred, the judge shall issue an order for 
relief under paragraph (14). If review 
under paragraph (8) is not timely re-
quested, such order shall be deemed a final 
order of the Secretary that is not subject to 
judicial review. 
‘‘(8) ADMINISTRATIVE APPEAL.— 
‘‘(A) IN GENERAL.—Not later than 30 days 
after the date of notification of a decision and 
order issued by an administrative law judge 
under paragraph (7), the complainant or re-
spondent may file, with objections, an adminis-
trative appeal with an administrative review 
body designated by the Secretary (referred to in 
this paragraph as the ‘review board’). 
‘‘(B) STANDARD OF REVIEW.—In reviewing 
the decision and order of the administrative law 
judge, the review board shall affirm the decision 
and order if it is determined that the factual 
findings set forth therein are supported by sub-
stantial evidence and the decision and order are 
made in accordance with applicable law. 
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‘‘(C) DECISIONS.—If the review board 
grants an administrative appeal, the review 
board shall issue a final decision and order af-
firming or reversing, in whole or in part, the de-
cision under review by not later than 90 days 
after receipt of the administrative appeal. If it 
is determined that a violation of paragraph (1) 
or (2) has occurred, the review board shall issue 
a final decision and order providing relief au-
thorized under paragraph (14). Such decision 
and order shall constitute final agency action 
with respect to the matter appealed. 
‘‘(9) SETTLEMENT
IN
THE
ADMINISTRATIVE 
PROCESS.— 
‘‘(A) IN
GENERAL.—At any time before 
issuance of a final order, an investigation or 
proceeding under this subsection may be termi-
nated on the basis of a settlement agreement en-
tered into by the parties. 
‘‘(B) PUBLIC
POLICY
CONSIDERATIONS.— 
Neither the Secretary, an administrative law 
judge, nor the review board conducting a hearing 
under this subsection shall accept a settlement 
that contains conditions conflicting with the 
rights protected under this Act or that are con-
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trary to public policy, including a restriction on 
a complainant’s right to future employment with 
employers other than the specific employers 
named in a complaint. 
‘‘(10) INACTION BY THE REVIEW BOARD OR AD-
MINISTRATIVE LAW JUDGE.— 
‘‘(A) IN GENERAL.—The complainant may 
bring a de novo action described in subpara-
graph (B) if— 
‘‘(i) an administrative law judge has 
not issued a decision and order within the 
90-day time period required under para-
graph (7)(B)(iii); or 
‘‘(ii) the review board has not issued a 
decision and order within the 90-day time 
period required under paragraph (8)(C). 
‘‘(B) DE NOVO ACTION.—Such de novo ac-
tion may be brought at law or equity in the 
United States district court for the district where 
a violation of paragraph (1) or (2) allegedly oc-
curred or where the complainant resided on the 
date of such alleged violation. The court shall 
have jurisdiction over such action without regard 
to the amount in controversy and to order ap-
propriate relief under paragraph (14). Such ac-
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tion shall, at the request of either party to such 
action, be tried by the court with a jury. 
‘‘(11) JUDICIAL REVIEW.— 
‘‘(A) TIMELY APPEAL TO THE COURT OF AP-
PEALS.—Any party adversely affected or ag-
grieved by a final decision and order issued 
under this subsection may obtain review of such 
decision and order in the United States Court of 
Appeals for the circuit where the violation, with 
respect to which such final decision and order 
was issued, allegedly occurred or where the com-
plainant resided on the date of such alleged vio-
lation. To obtain such review, a party shall file 
a petition for review not later than 60 days after 
the final decision and order was issued. Such re-
view shall conform to chapter 7 of title 5, United 
States Code. The commencement of proceedings 
under this subparagraph shall not, unless or-
dered by the court, operate as a stay of the final 
decision and order. 
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order and decision with respect to 
which review may be obtained under subpara-
graph (A) shall not be subject to judicial review 
in any criminal or other civil proceeding. 
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‘‘(12) ENFORCEMENT OF ORDER.—If a respond-
ent fails to comply with an order issued under this 
subsection, the Secretary or the complainant on whose 
behalf the order was issued may file a civil action for 
enforcement in the United States district court for the 
district in which the violation was found to occur to 
enforce such order. If both the Secretary and the com-
plainant file such action, the action of the Secretary 
shall take precedence. The district court shall have ju-
risdiction to grant all appropriate relief described in 
paragraph (14). 
‘‘(13) BURDENS OF PROOF.— 
‘‘(A) CRITERIA
FOR
DETERMINATION.—In 
making a determination or adjudicating a com-
plaint pursuant to this subsection, the Secretary, 
administrative law judge, review board, or a 
court may determine that a violation of para-
graph (1) or (2) has occurred only if the com-
plainant demonstrates that any conduct de-
scribed in paragraph (1) or (2) with respect to 
the complainant was a contributing factor in the 
adverse action alleged in the complaint. 
‘‘(B) PROHIBITION.—Notwithstanding sub-
paragraph (A), a decision or order that is favor-
able to the complainant shall not be issued in 
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any administrative or judicial action pursuant 
to this subsection if the respondent demonstrates 
by clear and convincing evidence that the re-
spondent would have taken the same adverse ac-
tion in the absence of such conduct. 
‘‘(14) RELIEF.— 
‘‘(A) ORDER FOR RELIEF.—If the Secretary, 
administrative law judge, review board, or a 
court determines that a violation of paragraph 
(1) or (2) has occurred, the Secretary or court, 
respectively, shall have jurisdiction to order all 
appropriate relief, including injunctive relief, 
compensatory and exemplary damages, includ-
ing— 
‘‘(i) affirmative action to abate the vio-
lation; 
‘‘(ii) reinstatement without loss of po-
sition or seniority, and restoration of the 
terms, rights, conditions, and privileges as-
sociated with the complainant’s employ-
ment, including opportunities for pro-
motions to positions with equivalent or bet-
ter compensation for which the complainant 
is qualified; 
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‘‘(iii) compensatory and consequential 
damages sufficient to make the complainant 
whole, (including back pay, prejudgment in-
terest, and other damages); and 
‘‘(iv) expungement of all warnings, 
reprimands, or derogatory references that 
have been placed in paper or electronic 
records or databases of any type relating to 
the actions by the complainant that gave 
rise to the unfavorable personnel action, 
and, at the complainant’s direction, trans-
mission of a copy of the decision on the 
complaint to any person whom the com-
plainant reasonably believes may have re-
ceived such unfavorable information. 
‘‘(B) ATTORNEYS’ FEES AND COSTS.—If the 
Secretary or an administrative law judge, review 
board, or court grants an order for relief under 
subparagraph (A), the Secretary, administrative 
law judge, review board, or court, respectively, 
shall assess, at the request of the employee 
against the employer— 
‘‘(i) reasonable attorneys’ fees; and 
‘‘(ii) costs (including expert witness 
fees) reasonably incurred, as determined by 
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the Secretary, administrative law judge, re-
view board, or court, respectively, in con-
nection with bringing the complaint upon 
which the order was issued. 
‘‘(15) PROCEDURAL
RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(16) SAVINGS.—Nothing in this subsection shall 
be construed to diminish the rights, privileges, or 
remedies of any employee who exercises rights under 
any Federal or State law or common law, or under 
any collective bargaining agreement. 
‘‘(17) ELECTION OF VENUE.— 
‘‘(A) IN GENERAL.—An employee of an em-
ployer who is located in a State that has a State 
plan approved under section 18 may file a com-
plaint alleging a violation of paragraph (1) or 
(2) by such employer with— 
‘‘(i) the Secretary under paragraph 
(5); or 
‘‘(ii) a State plan administrator in 
such State. 
‘‘(B) REFERRALS.—If— 
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‘‘(i) the Secretary receives a complaint 
pursuant to subparagraph (A)(i), the Sec-
retary shall not refer such complaint to a 
State plan administrator for resolution; or 
‘‘(ii) a State plan administrator re-
ceives a complaint pursuant to subpara-
graph (A)(ii), the State plan administrator 
shall not refer such complaint to the Sec-
retary for resolution.’’. 
(d) RELATION TO ENFORCEMENT.—Section 17(j) of 
such Act (29 U.S.C. 666(j)) is amended by inserting before 
the period the following: ‘‘, including the history of viola-
tions under section 11(c)’’. 
SEC. 702. VICTIMS’ RIGHTS. 
The Occupational Safety and Health Act of 1970 is 
amended by inserting after section 9 (29 U.S.C. 658) the 
following: 
‘‘SEC. 9A. VICTIMS’ RIGHTS. 
‘‘(a) RIGHTS BEFORE THE SECRETARY.—A victim or 
the representative of a victim, shall be afforded the right, 
with respect to an inspection or investigation conducted 
under section 8 to— 
‘‘(1) meet with the Secretary regarding the in-
spection or investigation conducted under such section 
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before the Secretary’s decision to issue a citation or 
take no action; 
‘‘(2) receive, at no cost, a copy of any citation 
or report, issued as a result of such inspection or in-
vestigation, at the same time as the employer receives 
such citation or report; 
‘‘(3) be informed of any notice of contest or addi-
tion of parties to the proceedings filed under section 
10(c); and 
‘‘(4) be provided notification of the date and 
time or any proceedings, service of pleadings, and 
other relevant documents, and an explanation of the 
rights of the employer, employee and employee rep-
resentative, and victim to participate in proceedings 
conducted under section 10(c). 
‘‘(b) RIGHTS BEFORE THE COMMISSION.—Upon re-
quest, a victim or representative of a victim shall be af-
forded the right with respect to a work-related bodily injury 
or death to— 
‘‘(1) be notified of the time and date of any pro-
ceeding before the Commission; 
‘‘(2) receive pleadings and any decisions relating 
to the proceedings; and 
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‘‘(3) be provided an opportunity to appear and 
make a statement in accordance with the rules pre-
scribed by the Commission. 
‘‘(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 
under section 8, the Secretary shall notify a victim or rep-
resentative of a victim and provide the victim or representa-
tive of a victim with an opportunity to appear and make 
a statement before the parties conducting settlement nego-
tiations. In lieu of an appearance, the victim or representa-
tive of the victim may elect to submit a letter to the Sec-
retary and the parties. 
‘‘(d) SECRETARY PROCEDURES.—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. 
‘‘(e) COMMISSION
PROCEDURES
AND
CONSIDER-
ATIONS.—The Commission shall— 
‘‘(1) establish procedures relating to the rights of 
victims to be heard in proceedings before the Commis-
sion; and 
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‘‘(2) in rendering any decision, provide due con-
sideration to any statement or information provided 
by any victim before the Commission. 
‘‘(f) FAMILY LIAISONS.—The Secretary shall designate 
at least 1 employee at each area office of the Occupational 
Safety and Health Administration to serve as a family liai-
son to— 
‘‘(1) keep victims informed of the status of inves-
tigations, enforcement actions, and settlement negotia-
tions; and 
‘‘(2) assist victims in asserting their rights 
under this section. 
‘‘(g) DEFINITION.—In this section, the term ‘victim’ 
means— 
‘‘(1) an employee, including a former employee, 
who has sustained a work-related injury or illness 
that is the subject of an inspection or investigation 
conducted under section 8; or 
‘‘(2) a family member (as further defined by the 
Secretary) of a victim described in paragraph (1), 
if— 
‘‘(A) the victim dies as a result of a inci-
dent that is the subject of an inspection or inves-
tigation conducted under section 8; or 
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‘‘(B) the victim sustains a work-related in-
jury or illness that is the subject of an inspection 
or investigation conducted under section 8, and 
the victim because of incapacity cannot reason-
ably exercise the rights under this section.’’. 
SEC. 703. CORRECTION OF SERIOUS, WILLFUL, OR RE-
PEATED VIOLATIONS PENDING CONTEST AND 
PROCEDURES FOR A STAY. 
Section 10 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 659) is amended by adding at the end 
the following: 
‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE-
PEATED VIOLATIONS PENDING CONTEST AND PROCEDURES 
FOR A STAY.— 
‘‘(1) PERIOD PERMITTED FOR CORRECTION OF 
SERIOUS, WILLFUL, OR REPEATED VIOLATIONS.—For 
each violation which the Secretary designates as seri-
ous, willful, or repeated, the period permitted for the 
correction of the violation shall begin to run upon re-
ceipt of the citation. 
‘‘(2) FILING OF A MOTION OF CONTEST.—The fil-
ing of a notice of contest by an employer— 
‘‘(A) shall not operate as a stay of the pe-
riod for correction of a violation designated as 
serious, willful, or repeated; and 
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100 
‘‘(B) may operate as a stay of the period for 
correction of a violation not designated by the 
Secretary as serious, willful, or repeated. 
‘‘(3) CRITERIA AND RULES OF PROCEDURE FOR 
STAYS.— 
‘‘(A) MOTION FOR A STAY.—An employer 
that receives a citation alleging a violation des-
ignated as serious, willful, or repeated and that 
files a notice of contest to the citation asserting 
that the time set for abatement of the alleged vio-
lation is unreasonable or challenging the exist-
ence of the alleged violation may file with the 
Commission a motion to stay the period for the 
abatement of the violation. 
‘‘(B) CRITERIA.—In determining whether a 
stay should be issued on the basis of a motion 
filed under subparagraph (A), the Commission 
may grant a stay only if the employer has dem-
onstrated— 
‘‘(i) a substantial likelihood of success 
on the areas contested under subparagraph 
(A); and 
‘‘(ii) that a stay will not adversely af-
fect the health and safety of workers. 
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101 
‘‘(C) RULES
OF
PROCEDURE.—The Com-
mission shall develop rules of procedure for con-
ducting a hearing on a motion filed under sub-
paragraph (A) on an expedited basis. At a min-
imum, such rules shall provide: 
‘‘(i) That a hearing before an adminis-
trative law judge shall occur not later than 
15 days following the filing of the motion 
for a stay (unless extended at the request of 
the employer), and shall provide for a deci-
sion on the motion not later than 15 days 
following the hearing (unless extended at the 
request of the employer). 
‘‘(ii) That a decision of an administra-
tive law judge on a motion for stay is ren-
dered on a timely basis. 
‘‘(iii) That if a party is aggrieved by 
a decision issued by an administrative law 
judge regarding the stay, such party has the 
right to file an objection with the Commis-
sion not later than 5 days after receipt of 
the administrative law judge’s decision. 
Within 10 days after receipt of the objec-
tion, a Commissioner, if a quorum is seated 
pursuant to section 12(f), shall decide 
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102 
whether to grant review of the objection. If, 
within 10 days after receipt of the objection, 
no decision is made on whether to review 
the decision of the administrative law judge, 
the Commission declines to review such de-
cision, or no quorum is seated, the decision 
of the administrative law judge shall become 
a final order of the Commission. If the 
Commission grants review of the objection, 
the Commission shall issue a decision re-
garding the stay not later than 30 days 
after receipt of the objection. If the Commis-
sion fails to issue such decision within 30 
days, the decision of the administrative law 
judge shall become a final order of the Com-
mission. 
‘‘(iv) For notification to employees or 
representatives of affected employees of re-
quests for such hearings and shall provide 
affected employees or representatives of af-
fected employees an opportunity to partici-
pate as parties to such hearings.’’. 
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