I 
115TH CONGRESS 
1ST SESSION 
H. R. 914 
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 high gravity violations, to adjust penalties for infla-
tion, to provide rights for victims or their family members, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2017 
Mr. COURTNEY (for himself, Mr. SCOTT of Virginia, Mr. TAKANO, Mr. CON-
YERS, Mr. GENE GREEN of Texas, Mr. POCAN, Ms. SHEA-PORTER, and 
Ms. TITUS) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
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 high gravity 
violations, to adjust penalties for inflation, to provide 
rights for victims or their family members, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Protecting America’s Workers Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—COVERAGE OF PUBLIC EMPLOYEES, AUTHORIZED EM-
PLOYEE 
REPRESENTATIVES, 
VOLUNTARY 
EMERGENCY 
RE-
SPONDERS, AND APPLICATION OF ACT 
Sec. 101. Coverage of public employees. 
Sec. 102. Authorized employee representatives. 
Sec. 103. Application of Act. 
TITLE II—INCREASING WHISTLEBLOWER PROTECTIONS 
Sec. 201. Enhanced protections from retaliation. 
TITLE III—IMPROVING REPORTING, INSPECTION, AND 
ENFORCEMENT 
Sec. 301. General duty of employers. 
Sec. 302. Occupational safety and health standards. 
Sec. 303. Posting of employee rights. 
Sec. 304. Employer reporting of work-related injuries, illnesses, deaths and hos-
pitalizations; prohibition on discouraging employee reporting. 
Sec. 305. No loss of employee pay for inspections. 
Sec. 306. Investigations of fatalities and significant incidents. 
Sec. 307. Prohibition on unclassified citations. 
Sec. 308. Victims’ rights. 
Sec. 309. Right to contest citations and penalties. 
Sec. 310. Correction of serious, willful, or repeated violations pending contest 
and procedures for a stay. 
Sec. 311. Inaction by the Review Commission. 
Sec. 312. Conforming amendments. 
Sec. 313. Civil penalties. 
Sec. 314. Criminal penalties. 
Sec. 315. Prejudgment interest. 
TITLE IV—STATE PLANS 
Sec. 401. Concurrent enforcement authority and review of State occupational 
safety and health plans. 
Sec. 402. Evaluation of repeated violations in State plans. 
TITLE V—NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY 
AND HEALTH 
Sec. 501. Health hazard evaluations by the National Institute for Occupational 
Safety and Health. 
TITLE VI—EFFECTIVE DATE 
Sec. 601. Effective date. 
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TITLE I—COVERAGE OF PUBLIC 
EMPLOYEES, 
AUTHORIZED 
EMPLOYEE 
REPRESENTA-
TIVES, 
VOLUNTARY 
EMER-
GENCY 
RESPONDERS, 
AND 
APPLICATION OF ACT 
SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 
(a) IN GENERAL.—Section 3(5) of the Occupational 
Safety and Health Act of 1970 (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. AUTHORIZED EMPLOYEE REPRESENTATIVES. 
Section 3 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 652) is amended by adding at the end 
the following: 
‘‘(15) AUTHORIZED
EMPLOYEE
REPRESENTA-
TIVE.—The term ‘authorized employee representa-
tive’— 
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‘‘(A) means any person or organization 
that for the purposes of this Act represents not 
less than one employee at an establishment, fac-
tory, plant, construction site, or other work-
place, or other environment where work is per-
formed by an employee for an employer; and 
‘‘(B) includes a representative authorized 
by employees, a representative of employees, or 
any other representative of an employee under 
this Act.’’. 
SEC. 103. APPLICATION OF ACT. 
Section 4(b) of the Occupational Safety and Health 
Act of 1970 (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: 
‘‘(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 
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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 
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— 
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‘‘(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.).’’. 
TITLE II—INCREASING 
WHISTLEBLOWER PROTECTIONS 
SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION. 
(a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 
660(c)(1)) is amended— 
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(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: 
‘‘before Congress or in any Federal or State pro-
ceeding 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, 
illness, or unsafe condition to the employer, agent of 
the employer, safety and health committee involved, 
or employee safety and health representative in-
volved’’. 
(b) PROHIBITION OF RETALIATION.—Section 11(c) 
of such Act (29 U.S.C. 660(c)) is amended by striking 
paragraph (2) and inserting the following: 
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‘‘(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 employ-
ees. 
‘‘(B) For purposes of subparagraph (A), the 
circumstances causing the employee’s good-faith be-
lief that performing such duties would pose a safety 
or health hazard shall be of such a nature that a 
reasonable person, under the circumstances con-
fronting the employee, would conclude that there is 
such a hazard. In order to qualify for protection 
under this paragraph, the employee, when prac-
ticable, shall have communicated or attempted to 
communicate the safety or health concern to the em-
ployer and have not received from the employer a re-
sponse reasonably calculated 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: 
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‘‘(3) COMPLAINT.—Any employee who believes 
that the employee has been discharged, disciplined, 
or otherwise discriminated against by any person in 
violation of paragraph (1) or (2) may seek relief for 
such violation by filing a complaint with the Sec-
retary 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 vio-
lation 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 violation of paragraph (1) or (2) shall be con-
sidered to have occurred on the last date an al-
leged repeat violation occurred. 
‘‘(5) INVESTIGATION.— 
‘‘(A) IN
GENERAL.—An employee may, 
within the time period required under para-
graph (4)(B), file a complaint with the Sec-
retary alleging a violation of paragraph (1) or 
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(2). If the complaint alleges a prima facie case, 
the Secretary shall conduct an investigation of 
the allegations in the complaint, which— 
‘‘(i) shall include— 
‘‘(I) interviewing the complain-
ant; 
‘‘(II) providing the respondent an 
opportunity to— 
‘‘(aa) submit to the Sec-
retary a written response to the 
complaint; and 
‘‘(bb) meet with the Sec-
retary to present statements from 
witnesses or provide evidence; 
and 
‘‘(III) providing the complainant 
an opportunity to— 
‘‘(aa) receive any statements 
or evidence provided to the Sec-
retary; 
‘‘(bb) meet with the Sec-
retary; and 
‘‘(cc) rebut any statements 
or evidence; and 
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‘‘(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 de-
nying 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 
preliminary order providing relief authorized under 
paragraph (14) at the same time the Secretary 
issues a decision under paragraph (5)(B). If a de 
novo hearing is not requested within the time period 
required under paragraph (7)(A)(i), such prelimi-
nary order shall be deemed a final order of the Sec-
retary and is not subject to judicial review. 
‘‘(7) HEARING.— 
‘‘(A) REQUEST FOR HEARING.— 
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‘‘(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 
stay any preliminary reinstatement order 
issued under paragraph (6). 
‘‘(B) PROCEDURES.— 
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‘‘(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 
EVIDENCE.—In conducting any such hear-
ing, the administrative law judge may issue 
subpoenas. The respondent or complainant 
may request the issuance of subpoenas 
that require the deposition of, or the at-
tendance and testimony of, witnesses and 
the production of any evidence (including 
any books, papers, documents, or record-
ings) relating to the matter under consid-
eration. 
‘‘(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 para-
graph and promptly notify, in writing, the 
parties and the Secretary of such decision, 
including the findings of fact and conclu-
sions of law. If the administrative law 
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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 requested, 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 review-
ing the decision and order of the administrative 
law judge, the review board shall affirm the de-
cision and order if it is determined that the fac-
tual findings set forth therein are supported by 
substantial evidence and the decision and order 
are made in accordance with applicable law. 
‘‘(C) DECISIONS.—If the review board 
grants an administrative appeal, the review 
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board shall issue a final decision and order af-
firming or reversing, in whole or in part, the 
decision 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 
entered into by the parties. 
‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 
Neither the Secretary, an administrative law 
judge, nor the review board conducting a hear-
ing under this subsection shall accept a settle-
ment that contains conditions conflicting with 
the rights protected under this Act or that are 
contrary to public policy, including a restriction 
on a complainant’s right to future employment 
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with employers other than the specific employ-
ers 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) alleg-
edly occurred 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 appropriate relief under paragraph (14). 
Such action shall, at the request of either party 
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to such action, be tried by the court with a 
jury. 
‘‘(11) JUDICIAL REVIEW.— 
‘‘(A) TIMELY APPEAL TO THE COURT OF 
APPEALS.—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 complainant resided on the date of such al-
leged violation. 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 review shall conform to chapter 7 
of title 5, United States Code. The commence-
ment of proceedings under this subparagraph 
shall not, unless ordered 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 re-
spondent 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 ac-
tion 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 complainant file such action, the 
action of the Secretary shall take precedence. The 
district court shall have jurisdiction to grant all ap-
propriate 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 Sec-
retary, administrative law judge, review board, 
or a court may determine that a violation of 
paragraph (1) or (2) has occurred only if the 
complainant 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 dem-
onstrates by clear and convincing evidence that 
the respondent would have taken the same ad-
verse action in the absence of such conduct. 
‘‘(14) RELIEF.— 
‘‘(A) ORDER
FOR
RELIEF.—If the Sec-
retary, administrative law judge, review board, 
or a court determines that a violation of para-
graph (1) or (2) has occurred, the Secretary, 
administrative law judge, review board, or 
court, respectively, shall have jurisdiction to 
order all appropriate relief, including injunctive 
relief, compensatory and exemplary damages, 
including— 
‘‘(i) affirmative action to abate the 
violation; 
‘‘(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 complain-
ant is qualified; 
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‘‘(iii) compensatory and consequential 
damages sufficient to make the complain-
ant whole, (including back pay, prejudg-
ment interest, 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 ac-
tion, and, at the complainant’s direction, 
transmission of a copy of the decision on 
the complaint to any person whom the 
complainant reasonably believes may have 
received 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, admin-
istrative law judge, review board, or court, re-
spectively, 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 
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by the Secretary, administrative law judge, 
review 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 
employer who is located in a State that has a 
State plan approved under section 18 may file 
a complaint 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 be-
fore the period the following: ‘‘, including the history of 
violations under section 11(c)’’. 
TITLE III—IMPROVING REPORT-
ING, INSPECTION, AND EN-
FORCEMENT 
SEC. 301. GENERAL DUTY OF EMPLOYERS. 
Section 5 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 654(a)(1)) is amended— 
(1) in subsection (a), by amending paragraph 
(1) to read as follows: 
‘‘(1) shall furnish employment and a place of 
employment that are free from recognized hazards 
that are causing or are likely to cause death or seri-
ous physical harm and that the employer creates or 
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controls or to which the employer exposes any em-
ployee of the employer or any other person per-
forming work at the place of employment; and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) Each employee or other person exposed to a haz-
ard in violation of subsection (a) may constitute a separate 
violation.’’. 
SEC. 302. OCCUPATIONAL SAFETY AND HEALTH STAND-
ARDS. 
Section 6 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 655) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Without regard’’ and in-
serting ‘‘(1) Without regard’’; 
(B) by striking ‘‘chapter 5’’ and inserting 
‘‘chapters 5 and 6’’; 
(C) by striking ‘‘shall, as soon as prac-
ticable’’ and inserting the following: ‘‘shall—’’ 
‘‘(A) as soon as practicable’’; 
(D) by striking ‘‘In the’’ and inserting the 
following: 
‘‘(2) In the’’; 
(E) by striking ‘‘designated employees.’’ 
and inserting ‘‘designated employees; and’’; 
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(F) by adding at the end of paragraph (1) 
(as designated by subparagraph (A)) the fol-
lowing: 
‘‘(B) not later than 2 years after the effec-
tive date of section 601(a) of the Protecting 
America’s Workers Act, by rule update any na-
tional consensus standard that has been pro-
mulgated or incorporated by reference pursuant 
to this subsection, except that such a standard 
shall not be updated pursuant to this subpara-
graph, if— 
‘‘(i) the standard has been superseded 
by a standard promulgated pursuant to 
subsection (b); or 
‘‘(ii) the Secretary determines such 
update would not result in improved health 
or safety for specifically designated em-
ployees.’’; and 
(G) in paragraph (2) (as designated by 
subparagraph (D)), by inserting ‘‘including na-
tional consensus standards, or in the event of a 
consolidation of national consensus standards,’’ 
after ‘‘conflict among any such standards,’’; 
and 
(2) by adding at the end the following: 
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‘‘(h) No standard, rule, or regulation promulgated 
under this Act shall reduce the protection afforded by an 
existing health or safety standard, rule, regulation, or na-
tional consensus standard.’’. 
SEC. 303. POSTING OF EMPLOYEE RIGHTS. 
Section 8(c)(1) f the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 657(c)(1)) is amended by adding 
at the end the following new sentence: ‘‘Such regulations 
shall include provisions requiring employers to post for 
employees information on the protections afforded under 
section 11(c).’’. 
SEC. 304. EMPLOYER REPORTING OF WORK-RELATED INJU-
RIES, ILLNESSES, DEATHS AND HOSPITALIZA-
TIONS; PROHIBITION ON DISCOURAGING EM-
PLOYEE REPORTING. 
Section 8(c)(2) of such Act (29 U.S.C. 657(c)(2)) is 
amended by adding at the end the following new sen-
tences: ‘‘Such regulations shall require site-controlling em-
ployers to keep a site log for all recordable injuries and 
illnesses occurring among all employees on the particular 
site, including employees of the site-controlling employer 
or others who are performing work at the particular site 
(including independent contractors). Such regulations 
shall require employers to promptly notify the Secretary 
of any work-related death or work-related injury or illness 
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that results in the in-patient hospitalization of an em-
ployee for medical treatment, amputation, or loss of an 
eye, and shall prohibit the employer from adopting or im-
plementing policies or practices by the employer that have 
the effect of discouraging accurate recordkeeping and the 
reporting of work-related injuries or illnesses by any em-
ployee or in any manner discriminates or provides for ad-
verse action against any employee for reporting a work- 
related injury or illness. For purposes of this paragraph, 
the term ‘site-controlling employer’ means the employer 
that has primary control over a work site at which employ-
ees of more than one employer work, such as by hiring 
or coordinating the work of other employers working at 
the site.’’. 
SEC. 305. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS. 
Section 8(e) of such Act (29 U.S.C. 657(e)) is 
amended by inserting after the first sentence the fol-
lowing: ‘‘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 conditions of employment for 
having participated in or aided any such inspection.’’. 
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SEC. 306. INVESTIGATIONS OF FATALITIES AND SIGNIFI-
CANT INCIDENTS. 
Section 8 of such Act (29 U.S.C. 657) is amended 
by adding at the end the following new subsection: 
‘‘(i) INVESTIGATION OF FATALITIES AND SERIOUS 
INCIDENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall inves-
tigate any significant incident or an incident result-
ing in death that occurs in a place of employment. 
‘‘(2) EVIDENCE PRESERVATION.—If a signifi-
cant incident or an incident resulting in death oc-
curs in a place of employment, the employer shall 
promptly notify the Secretary of the incident in-
volved and shall take appropriate measures to pre-
vent the destruction or alteration of any evidence 
that would assist in investigating the incident. The 
appropriate measures required by this paragraph do 
not prevent an employer from taking action on a 
worksite to prevent injury to employees or substan-
tial damage to property or to avoid disruption of es-
sential services necessary to public safety, provided 
that if an employer takes such action, the employer 
shall notify the Secretary of the action in a timely 
fashion. 
‘‘(3) DEFINITIONS.—In this subsection: 
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‘‘(A) INCIDENT RESULTING IN DEATH.— 
The term ‘incident resulting in death’ means an 
incident that results in the death of an em-
ployee. 
‘‘(B) SIGNIFICANT
INCIDENT.—The term 
‘significant incident’ means an incident that re-
sults in the in-patient hospitalization of 2 or 
more employees for medical treatment.’’. 
SEC. 307. PROHIBITION ON UNCLASSIFIED CITATIONS. 
Section 9 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 658) is amended by adding at the end 
the following: 
‘‘(d) No citation for a violation of this Act may be 
issued, modified, or settled under this section without a 
designation enumerated in section 17 with respect to such 
violation.’’. 
SEC. 308. 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— 
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‘‘(1) meet with the Secretary regarding the in-
spection or investigation conducted under such sec-
tion before the Secretary’s decision to issue a cita-
tion 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 re-
ceives such citation or report; 
‘‘(3) be informed of any notice of contest or ad-
dition of parties to the proceedings filed under sec-
tion 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 in-
jury or death to— 
‘‘(1) be notified of the time and date of any 
proceeding before the Commission; 
‘‘(2) receive pleadings and any decisions relat-
ing 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 represent-
ative 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 represent-
ative 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 
Commission; 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 des-
ignate at least 1 employee at each area office of the Occu-
pational Safety and Health Administration to serve as a 
family liaison to— 
‘‘(1) keep victims informed of the status of in-
vestigations, enforcement actions, and settlement ne-
gotiations; 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 an inci-
dent that is the subject of an inspection or in-
vestigation 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 inspec-
tion or investigation conducted under section 8, 
and the victim because of incapacity cannot rea-
sonably exercise the rights under this section.’’. 
SEC. 309. RIGHT TO CONTEST CITATIONS AND PENALTIES. 
Section 10(c) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 659(c)) is amended— 
(1) in the first sentence— 
(A) by inserting after ‘‘that he intends to 
contest a citation issued under section (9)’’ the 
following: ‘‘(or a modification of a citation 
issued under this section)’’; 
(B) by inserting after ‘‘the issuance of a 
citation under section 9’’ the following: ‘‘(in-
cluding a modification of a citation issued 
under such section)’’; and 
(C) 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 pro-
posed penalty is not adequate, or’’; 
(2) by inserting after the first sentence, the fol-
lowing: ‘‘The pendency of a contest before the Com-
mission shall not bar the Secretary from inspecting 
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a place of employment or from issuing a citation 
under section 9.’’; and 
(3) by amending the last sentence— 
(A) by inserting ‘‘employers and’’ after 
‘‘Commission shall provide’’; and 
(B) by inserting before the period at the 
end ‘‘, and notification of any modification of a 
citation’’. 
SEC. 310. 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 PROCE-
DURES FOR A STAY.— 
‘‘(1) PERIOD PERMITTED FOR CORRECTION OF 
SERIOUS, WILLFUL, OR
REPEATED
VIOLATIONS.— 
For each violation which the Secretary designates as 
serious, willful, or repeated, the period permitted for 
the correction of the violation shall begin to run 
upon receipt of the citation. 
‘‘(2) FILING OF A MOTION OF CONTEST.—The 
filing of a notice of contest by an employer— 
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‘‘(A) shall not operate as a stay of the pe-
riod for correction of a violation designated as 
serious, willful, or repeated; and 
‘‘(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 
violation is unreasonable or challenging the ex-
istence 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 
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‘‘(ii) that a stay will not adversely af-
fect the health and safety of workers. 
‘‘(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 admin-
istrative 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 decision on the motion not later than 
15 days following the hearing (unless ex-
tended 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 Com-
mission not later than 5 days after receipt 
of the administrative law judge’s decision. 
Within 10 days after receipt of the objec-
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tion, a Commissioner, if a quorum is seat-
ed pursuant to section 12(f), shall decide 
whether to grant review of the objection. 
If, within 10 days after receipt of the ob-
jection, no decision is made on whether to 
review the decision of the administrative 
law judge, the Commission declines to re-
view such decision, or no quorum is seated, 
the decision of the administrative law 
judge shall become a final order of the 
Commission. If the Commission grants re-
view of the objection, the Commission shall 
issue a decision regarding the stay not 
later than 30 days after receipt of the ob-
jection. If the Commission fails to issue 
such decision within 30 days, the decision 
of the administrative law judge shall be-
come a final order of the Commission. 
‘‘(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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SEC. 311. INACTION BY THE REVIEW COMMISSION. 
Section 10 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 659) is further amended by adding 
at the end the following: 
‘‘(e) INACTION BY REVIEW COMMISSION.— 
‘‘(1) IN GENERAL.—A decision or order issued 
by an administrative law judge of the Commission 
for which a petition for review has been filed in a 
timely manner, and for which 1 year after the Com-
mission has accepted such petition and directed that 
such petition be reviewed by the Commission, the 
Commission has failed to issue a final decision or 
order because the Commission lacks a quorum— 
‘‘(A) shall be deemed a final decision or 
order of the Commission; and 
‘‘(B) may be appealed pursuant to section 
11(a). 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply with respect to motions to stay filed under 
subsection (d)(3).’’. 
SEC. 312. CONFORMING AMENDMENTS. 
(a) VIOLATIONS DESIGNATED AS SERIOUS, WILL-
FUL, OR REPEATED.—The first sentence of section 10(b) 
of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659(b)) is amended by inserting ‘‘, with the excep-
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tion of violations designated as serious, willful, or re-
peated,’’ after ‘‘(which period shall not begin to run’’. 
(b) JUDICIAL REVIEW.—The first sentence of section 
11(a) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 660(a)) is amended— 
(1) by inserting ‘‘(or the failure of the Commis-
sion, including an administrative law judge, to make 
a timely decision on a petition for a stay or other 
review)’’ after ‘‘an order’’; 
(2) by striking ‘‘subsection (c)’’ and inserting 
‘‘subsection (c), (d), or (e)’’; and 
(3) by inserting ‘‘(or in the case of a petition 
from a final Commission order regarding a stay 
under section 10(d), 15 days)’’ after ‘‘sixty days’’. 
(c) FAILURE TO CORRECT VIOLATIONS.—Section 
17(d) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 666(d)) is amended to read as follows: 
‘‘(d) Any employer who fails to correct a violation 
designated by the Secretary as serious, willful, or repeated 
and for which a citation has been issued under section 9(a) 
within the period permitted for its correction (and a stay 
has not been issued by the Commission under section 
10(d)) may be assessed a civil penalty of not more than 
$7,000 for each day during which such failure or violation 
continues. Any employer who fails to correct any other vio-
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lation for which a citation has been issued under section 
9(a) of this title within the period permitted for its correc-
tion (which period shall not begin to run until the date 
of the final order of the Commission in the case of any 
review proceeding under section 10 initiated by the em-
ployer in good faith and not solely for delay of avoidance 
of penalties) may be assessed a civil penalty of not more 
than $7,000 for each day during which such failure or vio-
lation continues.’’. 
SEC. 313. CIVIL PENALTIES. 
(a) IN GENERAL.—Section 17 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666) is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘$70,000’’ and inserting 
‘‘$126,749’’; 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$9,054’’; and 
(C) by adding at the end the following: ‘‘In 
determining whether a violation is repeated, the 
Secretary or the Commission shall consider the 
employer’s history of violations under this Act 
and under State occupational safety and health 
plans established under section 18. If such a 
willful or repeated violation caused or contrib-
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uted to the death of an employee, such civil 
penalty amounts shall be increased to not more 
than $250,000 for each such violation, but not 
less than $50,000 for each such violation, ex-
cept that for an employer with 25 or fewer em-
ployees such penalty shall not be less than 
$25,000 for each such violation.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$12,675’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation caused or contributed to the 
death of an employee, such civil penalty 
amounts shall be increased to not more than 
$50,000 for each such violation, but not less 
than $20,000 for each such violation, except 
that for an employer with 25 or fewer employ-
ees such penalty shall not be less than $10,000 
for each such violation.’’; 
(3) in subsection (c), by striking ‘‘$7,000’’ and 
inserting ‘‘$12,675’’; 
(4) in subsection (d), as amended by section 
312(c), by striking ‘‘$7,000’’ each place it occurs 
and inserting ‘‘$12,675’’; 
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(5) by redesignating subsections (e) through (i) 
as subsections (f) through (j), and subsections (j) 
through (l) as subsections (l) through (n) respec-
tively; and 
(6) in subsection (j) (as so redesignated) by 
striking ‘‘$7,000’’ and inserting ‘‘$12,675’’. 
(b) INFLATION ADJUSTMENT.—Section 17 is further 
amended by inserting after subsection (d) the following: 
‘‘(e) Amounts provided under this section for civil 
penalties shall be adjusted by the Secretary once each 
year, not later than January 15 of such year, to account 
for the percentage increase or decrease in the Consumer 
Price Index for all urban consumers during such period, 
consistent with the requirements of the Federal Civil Pen-
alties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 
note).’’. 
SEC. 314. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 17 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666) (as 
amended by section 310) is further amended— 
(1) by amending subsection (f) (as redesignated 
by section 310) to read as follows: 
‘‘(f)(1) Any employer who knowingly violates any 
standard, rule, or order promulgated under section 6 of 
this Act, or of any regulation prescribed under this Act, 
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and that violation caused or significantly contributed to 
the death of any employee, shall, upon conviction, be pun-
ished by a fine in accordance with title 18, United States 
Code, or by imprisonment for not more than 10 years, or 
both, except that if the conviction is for a violation com-
mitted after a first conviction of such person under this 
subsection or subsection (i), punishment shall be by a fine 
in accordance title 18, United States Code, or by imprison-
ment for not more than 20 years, or by both. 
‘‘(2) For the purpose of this subsection, the term ‘em-
ployer’ means, in addition to the definition contained in 
section 3 of this Act, any officer or director.’’; 
(2) by amending subsection (g) (as redesignated 
by section 310) to read as follows: 
‘‘(g) Unless otherwise authorized by this Act, any 
person that knowingly gives, causes to give, or attempts 
to give or cause to give, advance notice of any inspection 
conducted under this Act with the intention of impeding, 
interfering with, or adversely affecting the results of such 
inspection, shall be fined under title 18, United States 
Code, imprisoned for not more than 5 years, or both.’’; 
(3) in subsection (h) (as redesignated by section 
310), by striking ‘‘fine of not more than $10,000, or 
by imprisonment for not more than six months,’’ 
and inserting ‘‘fine in accordance with title 18, 
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United States Code, or by imprisonment for not 
more than 5 years,’’; and 
(4) by inserting after subsection (j) (as redesig-
nated by section 310) the following: 
‘‘(k)(1) Any employer who knowingly violates any 
standard, rule, or order promulgated under section 6, or 
any regulation prescribed under this Act, and that viola-
tion caused or significantly contributed to serious bodily 
harm to any employee but does not cause death to any 
employee, shall, upon conviction, be punished by a fine in 
accordance with title 18, United States Code, or by impris-
onment for not more than 5 years, or by both, except that 
if the conviction is for a violation committed after a first 
conviction of such person under this subsection or sub-
section (e), punishment shall be by a fine in accordance 
with title 18, United States Code, or by imprisonment for 
not more than 10 years, or by both. 
‘‘(2) For the purpose of this subsection, the term ‘em-
ployer’ means, in addition to the definition contained in 
section 3 of this Act, any officer or director. 
‘‘(3) For purposes of this subsection, the term ‘seri-
ous bodily harm’ means bodily injury or illness that in-
volves— 
‘‘(A) a substantial risk of death; 
‘‘(B) protracted unconsciousness; 
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‘‘(C) protracted and obvious physical disfigure-
ment; or 
‘‘(D) protracted loss or impairment, either tem-
porary or permanent, of the function of a bodily 
member, organ, or mental faculty.’’. 
(b) JURISDICTION FOR PROSECUTION UNDER STATE 
AND LOCAL CRIMINAL LAWS.—Such section is further 
amended by adding at the end the following: 
‘‘(o) Nothing in this Act shall preclude a State or 
local law enforcement agency from conducting criminal 
prosecutions in accordance with the laws of such State or 
locality.’’. 
SEC. 315. PREJUDGMENT INTEREST. 
Section 17(n) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666(n)) (as redesignated by sec-
tion 310) is amended by adding at the end the following: 
‘‘Pre-final order interest on such penalties shall begin to 
accrue on the date the party contests a citation issued 
under this Act, and shall end upon the issuance of the 
final order. Such pre-final order interest shall be cal-
culated at the current underpayment rate determined by 
the Secretary of the Treasury pursuant to section 6621 
of the Internal Revenue Code of 1986, and shall be com-
pounded daily. Post-final order interest shall begin to ac-
crue 30 days after the date a final order of the Commis-
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sion or the court is issued, and shall be charged at the 
rate of 8 percent per year.’’. 
TITLE IV—STATE PLANS 
SEC. 401. CONCURRENT ENFORCEMENT AUTHORITY AND 
REVIEW OF STATE OCCUPATIONAL SAFETY 
AND HEALTH PLANS. 
Section 18 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 668) is amended— 
(1) by amending subsection (f) to read as fol-
lows: 
‘‘(f)(1) The Secretary shall, on the basis of reports 
submitted by the State agency and the Secretary’s own 
inspections, make a continuing evaluation of the manner 
in which each State that has a plan approved under this 
section is carrying out such plan. Such evaluation shall 
include an assessment of whether the State continues to 
meet the requirements of subsection (c) of this section and 
any other criteria or indices of effectiveness specified by 
the Secretary in regulations. Whenever the Secretary 
finds, on the basis of such evaluation, that in the adminis-
tration of the State plan there is a failure to comply sub-
stantially with any provision of the State plan (or any as-
surance contained therein), the Secretary shall make an 
initial determination of whether the failure is of such a 
nature that the plan should be withdrawn or whether the 
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failure is of such a nature that the State should be given 
the opportunity to remedy the deficiencies, and provide no-
tice of the Secretary’s findings and initial determination. 
‘‘(2) If the Secretary makes an initial determination 
to reassert and exercise concurrent enforcement authority 
while the State is given an opportunity to remedy the defi-
ciencies, the Secretary shall afford the State an oppor-
tunity for a public hearing within 15 days of such request, 
provided that such request is made not later than 10 days 
after Secretary’s notice to the State. The Secretary shall 
review and consider the testimony, evidence, or written 
comments, and not later than 30 days following such hear-
ing, make a determination to affirm, reverse, or modify 
the Secretary’s initial determination to reassert and exer-
cise concurrent enforcement authority under sections 8, 9, 
10, 13, and 17 with respect to standards promulgated 
under section 6 and obligations under section 5(a). Fol-
lowing such a determination by the Secretary, or in the 
event that the State does not request a hearing within the 
timeframe set forth in this paragraph, the Secretary may 
reassert and exercise such concurrent enforcement author-
ity, while a final determination is pending under para-
graph (3) or until the Secretary has determined that the 
State has remedied the deficiencies as provided under 
paragraph (4). Such determination shall be published in 
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the Federal Register. The procedures set forth in section 
18(g) shall not apply to a determination by the Secretary 
to reassert and exercise such concurrent enforcement au-
thority. 
‘‘(3) If the Secretary makes an initial determination 
that the plan should be withdrawn, the Secretary shall 
provide due notice and the opportunity for a hearing. If 
based on the evaluation, comments, and evidence, the Sec-
retary makes a final determination that there is a failure 
to comply substantially with any provision of the State 
plan (or any assurance contained therein), he shall notify 
the State agency of the withdrawal of approval of such 
plan and upon receipt of such notice such plan shall cease 
to be in effect, but the State may retain jurisdiction in 
any case commenced before the withdrawal of the plan in 
order to enforce standards under the plan whenever the 
issues involved do not relate to the reasons for the with-
drawal of the plan. 
‘‘(4) If the Secretary makes a determination that the 
State should be provided the opportunity to remedy the 
deficiencies, the Secretary shall provide the State an op-
portunity to respond to the Secretary’s findings and the 
opportunity to remedy such deficiencies within a time pe-
riod established by the Secretary, not to exceed 1 year. 
The Secretary may extend and revise the time period to 
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remedy such deficiencies, if the State’s legislature is not 
in session during this 1-year time period, or if the State 
demonstrates that it is not feasible to correct the defi-
ciencies in the time period set by the Secretary, and the 
State has a plan to correct the deficiencies within a rea-
sonable time period. If the Secretary finds that the State 
agency has failed to remedy such deficiencies within the 
time period specified by the Secretary and that the State 
plan continues to fail to comply substantially with a provi-
sion of the State plan, the Secretary shall withdraw the 
State plan as provided for in paragraph (3).’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(i) Not later than 18 months after the date of enact-
ment of this subsection, and again 5 years thereafter, the 
Comptroller General shall complete and issue a review of 
the effectiveness of State plans to develop and enforce 
safety and health standards to determine if they are at 
least as effective as the Federal program and to evaluate 
whether the Secretary’s oversight of State plans is effec-
tive. The Comptroller General’s evaluation shall assess— 
‘‘(1) the effectiveness of the Secretary’s over-
sight of State plans, including the indices of effec-
tiveness used by the Secretary; 
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‘‘(2) whether the Secretary’s investigations in 
response to Complaints About State Plan Adminis-
tration (CASPA) are adequate, whether significant 
policy issues have been identified by headquarters 
and corrective actions are fully implemented by each 
State; 
‘‘(3) whether the formula for the distribution of 
funds described in section 23(g) to State programs 
is fair and adequate; and 
‘‘(4) whether State plans are as effective as the 
Federal program in preventing occupational injuries, 
illnesses and deaths, and investigating discrimina-
tion complaints, through an evaluation of at least 20 
percent of approved State plans, and which shall 
cover— 
‘‘(A) enforcement effectiveness, including 
handling of fatalities, serious incidents and 
complaints, compliance with inspection proce-
dures, hazard recognition, verification of abate-
ment, violation classification, citation and pen-
alty issuance, including appropriate use of will-
ful and repeat citations, and employee involve-
ment; 
‘‘(B) inspections, the number of pro-
grammed health and safety inspections at pri-
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vate and public sector establishments, and 
whether the State targets the highest hazard 
private sector work sites and facilities in that 
State; 
‘‘(C) budget and staffing, including wheth-
er the State is providing adequate budget re-
sources to hire, train and retain sufficient num-
bers of qualified staff, including timely filling of 
vacancies; 
‘‘(D) administrative review, including the 
quality of decisions, consistency with Federal 
precedence, transparency of proceedings, deci-
sions and records are available to the public, 
adequacy of State defense, and whether the 
State appropriately appeals adverse decisions; 
‘‘(E) anti-discrimination, including whether 
discrimination complaints are processed in a 
timely manner, whether supervisors and inves-
tigators are properly trained to investigate dis-
crimination complaints, whether a case file re-
view indicates merit cases are properly identi-
fied consistent with Federal policy and proce-
dure, whether employees are notified of their 
rights, and whether there is an effective process 
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for employees to appeal the dismissal of a com-
plaint; 
‘‘(F) program administration, including 
whether the State’s standards and policies are 
at least as effective as the Federal program and 
are updated in a timely manner, and whether 
National Emphasis Programs that are applica-
ble in such States are adopted and implemented 
in a manner that is at least as effective as the 
Federal program; 
‘‘(G) whether the State plan satisfies the 
requirements for approval set forth in this sec-
tion and its implementing regulations; and 
‘‘(H) other such factors identified by the 
Comptroller General, or as requested by the 
Committee on Education and the Workforce of 
the House of Representatives or the Committee 
on Health, Education, Labor, and Pensions of 
the Senate.’’. 
SEC. 402. EVALUATION OF REPEATED VIOLATIONS IN 
STATE PLANS. 
Section 18(c) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 668(c)) is amended— 
(1) in paragraph (7), by striking ‘‘, and’’ and 
inserting a comma; 
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(2) in paragraph (8), by striking the period at 
the end and inserting ‘‘, and’’; and 
(3) by adding after paragraph 8 the following 
new paragraph: 
‘‘(9) provides that in determining whether a 
violation is repeated, the State shall consider the 
employer’s violations within the State, in conjunction 
with the employer’s history of violations under other 
States’ occupational safety and health plans ap-
proved by the Secretary and the employer’s history 
of violations in those States where the Secretary has 
jurisdiction under this Act, in a manner that is at 
least as effective as provided under section 17.’’. 
TITLE V—NATIONAL INSTITUTE 
FOR OCCUPATIONAL SAFETY 
AND HEALTH 
SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NA-
TIONAL 
INSTITUTE 
FOR 
OCCUPATIONAL 
SAFETY AND HEALTH. 
Section 20(a)(6) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 669(a)(6)) is amended by 
striking the second sentence and inserting the following: 
‘‘The Secretary shall determine following a written request 
by any employer, authorized representative of current or 
former employees, physician, other Federal agency, or 
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State or local health department, specifying with reason-
able particularity the grounds on which the request is 
made, whether any substance normally found in the place 
of employment has potentially toxic effects in such con-
centrations as used or found or whether any physical 
agents, equipment, or working condition found or used has 
potentially hazardous effects; and shall submit such deter-
mination both to employers and affected employees as 
soon as possible.’’. 
TITLE VI—EFFECTIVE DATE 
SEC. 601. EFFECTIVE DATE. 
(a) GENERAL RULE.—Except as provided for in sub-
section (b), this Act and the amendments made by this 
Act shall take effect not later than 90 days after the date 
of the enactment of this Act. 
(b) EXCEPTION FOR STATES AND POLITICAL SUB-
DIVISIONS.—The following are exceptions to the effective 
date described in subsection (a): 
(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 the enactment of 
this Act. The Secretary of Labor may extend the pe-
riod for a State to make such amendments to its 
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