I 
115TH CONGRESS 
2D SESSION 
H. R. 5870 
To amend the Occupational Safety and Health Act of 1970 to require imme-
diate notification to an employer of the issuance of a penalty, to prohibit 
any public notice of such citation for a period of 24 hours after issuance 
of the citation, and to require a public notice where an employer success-
fully contests any proposed penalty. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2018 
Mr. GROTHMAN (for himself, Mr. GIANFORTE, and Mr. ROKITA) introduced 
the following bill; which was referred to the Committee on Education and 
the Workforce 
A BILL 
To amend the Occupational Safety and Health Act of 1970 
to require immediate notification to an employer of the 
issuance of a penalty, to prohibit any public notice of 
such citation for a period of 24 hours after issuance 
of the citation, and to require a public notice where 
an employer successfully contests any proposed penalty. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘OSHA Employer Noti-
fication Act’’. 
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SEC. 2. IMMEDIATE NOTIFICATION OF CITATION; WAITING 
PERIOD BEFORE ANY PUBLIC NOTIFICATION; 
PUBLIC NOTIFICATION OF ANY REDUCTION 
OF A PENALTY. 
(a) IMMEDIATE NOTIFICATION AND WAITING PE-
RIOD.—Section 10(a) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 659(a)) is amended— 
(1) by inserting after the first sentence the fol-
lowing: ‘‘Immediately after issuing a citation and to 
the extent possible, the Secretary shall notify the 
employer by electronic communication or telephone 
of the issuance of the citation, including the classi-
fication of the violation. No public announcement 
about the citation or notification of proposed penalty 
shall be made by the Secretary or any other official 
of the Occupational Safety and Health Administra-
tion for at least one full business day after notifying 
the employer pursuant to the previous sentence. If 
the Secretary is unable to notify the employer after 
one full business day of the issuance of the citation, 
the Secretary may make a public announcement of 
the determination.’’; 
(2) by striking ‘‘receipt of the notice issued by 
the Secretary’’ and inserting ‘‘receipt of the notice 
by certified mail issued by the Secretary’’; and 
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(3) by inserting at the end the following: ‘‘If 
the Secretary issues a public posting on the Depart-
ment of Labor’s website about an alleged citation or 
notification of proposed penalty that subsequently is 
settled in part or in whole by the Secretary and the 
employer, or is vacated or modified in part or in 
whole by the Occupational Safety and Health Review 
Commission or a court, then the Secretary with rea-
sonable promptness, shall withdraw the public post-
ing on the Department’s website of the initial cita-
tion or notification of proposed penalty and replace 
it with an updated posting that reflects the settle-
ment, vacation or modification, including, if applica-
ble, a citation to the commission or court decision or 
a description of where the decision can be found.’’. 
Æ 
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