‘‘(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; 
‘‘(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. 313. 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 
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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-
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 
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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 
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-
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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 
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 
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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 
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 
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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; 
‘‘(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 
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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-
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 
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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 
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 
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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; 
(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.’’. 
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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 
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 
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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 
State plan by not more than 12 months, if the 
State’s legislature is not in session during the 12- 
month period beginning with the date of the enact-
ment of this Act. Such amendments to the State 
plan shall take effect not later than 90 days after 
the adoption of such amendments by such State. 
(2) This Act and the amendments made by this 
Act shall take effect not later than 36 months after 
the date of the enactment of this Act with respect 
to a workplace of a State, or a political subdivision 
of a State, that does not have a State plan approved 
under section 18 (29 U.S.C. 667). 
Æ 
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