(4) by redesignating subsections (i) through (l) 
as subsections (j) through (m), respectively; and 
(5) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) Any employer who willfully violates any standard, 
rule, or order promulgated pursuant to section 6, or any 
regulation prescribed pursuant to this Act, and that viola-
tion causes serious bodily injury to any employee but does 
not cause death to any employee, shall, upon conviction, 
be punished by a fine in accordance with section 3571 of 
title 18, United States Code, or by imprisonment for not 
more than 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 subsection (e), punishment 
shall be by a fine in accordance with section 3571 of title 
18, United States Code, or by imprisonment for not more 
than 10 years, or by both.’’. 
(b) DEFINITION.—Section 3 (29 U.S.C. 652) is 
amended by adding at the end the following: 
‘‘(15) The term ‘serious bodily injury’ means 
bodily injury that involves— 
‘‘(A) a substantial risk of death; 
‘‘(B) protracted unconsciousness; 
‘‘(C) protracted and obvious physical dis-
figurement; or 
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‘‘(D) protracted loss or impairment, of the 
function of a bodily member, organ, or mental 
faculty.’’. 
(c) JURISDICTION FOR PROSECUTION UNDER STATE 
AND LOCAL CRIMINAL LAWS.—Section 17 (29 U.S.C. 
666) (as amended by subsection (a)) is further amended 
by adding at the end the following: 
‘‘(o) Nothing in this Act shall preclude a State or 
local law enforcement agency from conducting criminal 
prosecutions in accordance with the laws of such State or 
locality.’’. 
(d) INFLATION
ADJUSTMENT.—Section 17 (29 
U.S.C. 666) (as amended by subsection (c)) is further 
amended by adding at the end the following: 
‘‘(p) Amounts provided under this section for civil 
penalties shall be adjusted by the Secretary at least once 
during each 4-year period to account for the percentage 
increase or decrease in the Consumer Price Index for all 
urban consumers during such period.’’. 
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TITLE IV—REQUIRING EMPLOY-
ERS TO PROVIDE AND PAY 
FOR PERSONAL PROTECTIVE 
EQUIPMENT 
SEC. 401. REQUIREMENT. 
Section 6(b) (29 U.S.C. 655(b)), as amended by sec-
tion 102(b), is further amended by adding at the end the 
following: 
‘‘(10)(A) In this paragraph, the term ‘personal pro-
tective equipment’ means personal protective equipment as 
such term is defined for purposes of section 1910.132(a) 
of title 29, Code of Federal Regulations (or any cor-
responding similar regulation or ruling). 
‘‘(B)(i) Not later than 30 days after the date of en-
actment of the Protecting America’s Workers Act, the 
Secretary shall amend section 1910.132(a) of title 29, 
Code of Federal Regulations, to provide that protective 
equipment shall be provided at no cost to the employee. 
‘‘(ii) In promulgating any standard under this section 
that requires protective equipment, the Secretary shall 
specify that the protective equipment shall be provided at 
no cost to the employee.’’. 
Æ 
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