I
103D CONGRESS
1ST SESSION
H. R. 3458
To amend the Occupational Safety and Health Act of 1970 to apply its
provisions to the House of Representatives and instrumentalities of Congress.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 1993
Mr. FAWELL introduced the following bill; which was referred jointly to the
Committees on Education and Labor and House Administration
A BILL
To amend the Occupational Safety and Health Act of 1970
to apply its provisions to the House of Representatives
and instrumentalities of Congress.
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 ‘‘Congressional Safety
and Health Act of 1993’’.
SEC. 2. COVERAGE OF THE HOUSE OF REPRESENTATIVES.
The Occupational Safety and Health Act of 1970 (29
U.S.C. 668) is amended by redesignating sections 20
through 34 as sections 21 through 35, respectively, and
by adding after section 19 the following:
‘‘COVERAGE OF THE HOUSE OF
REPRESENTATIVES
‘‘SEC. 20. (a) Each employing authority and instru-
mentality of Congress shall comply with section 5, with
the occupational safety and health standards issued under
section 6, and with the requirements and regulations is-
sued under section 8.
‘‘(b) The Secretary shall conduct random inspections
of places of employment under the jurisdiction or control
of employing authorities and the instrumentalities of Con-
gress. Such inspections shall be conducted at least once
during each Congress. The Secretary shall also respond
to any request that meets the conditions of section 8(f).
Such inspections shall identify each condition which the
Secretary believes is a violation of a requirement under
section 5, of an occupational safety and health standard
issued under section 6, or of a regulation issued under
section 8. Upon completion of such inspection, the Sec-
retary shall report all such conditions to the Director of
Non-Legislative and Financial Services of the House of
Representatives.
‘‘(c) The Director of Non-Legislative and Financial
Services of the House of Representatives, shall, as soon
after the receipt of a report under subsection (b) as is
practicable, appoint a special counsel to seek abatement
of any conditions identified in such report as not in com-
pliance with the requirements of section 5, 6, or 8 and
to assess appropriate penalties against the employing au-
thority or instrumentality of Congress for noncompliance
with such requirements. Section 17 shall apply in any en-
forcement procedures brought under this subsection.
‘‘(d) Any employing authority or instrumentality of
Congress which is assessed a penalty under subsection (c)
may appeal the assessment to the Office of Fair Employ-
ment Practices which shall afford an opportunity for a
hearing and shall thereafter issue a decision based on find-
ings of fact which affirms, modifies, or vacates the actions
of the special counsel appointed under subsection (c). Any
person adversely affected or aggrieved by the decision of
the Office of Fair Employment Practices may obtain re-
view of such decision by the United States Court of Ap-
peals for the circuit in which such violation is alleged to
have occurred or by the Court of Appeals for the District
of Columbia Circuit under the standards and conditions
for review of orders by the Commission in section 11.
‘‘(e)(1) No person shall discharge or in any manner
discriminate against any employee because such employee
has filed any complaint or instituted or caused to be insti-
tuted under or related to this section or has testified or
is about to testify in any such proceeding or because of
the exercise by such employee on behalf of such employee
or others of any right afforded by this section.
‘‘(2) Any employee who believes that such employee
has been discharged or otherwise discriminated against by
any such person in violation of paragraph (1) may, within
30 days after such violation occurs, file a complaint with
the Director of Non-Legislative and Financial Services.
Upon receipt of such complaint the Director shall cause
such investigation to be made as the Director deems ap-
propriate. If upon such investigation, the Director deter-
mines that paragraph (1) has been violated, the Director
shall bring an action in any appropriate United States dis-
trict court against such person. In any such action the
United States district courts shall have jurisdiction for
cause shown to restrain violations of paragraph (1) and
order all appropriate relief, including rehiring or reinstate-
ment of the employee to the employee’s former position
with back pay.
‘‘(3) Within 90 days of the receipt of a complaint
filed under paragraph (2), the Director, shall notify the
complainant of the Director’s determination under para-
graph (2).
‘‘(f) For purposes of this section—
‘‘(1) the term ‘employing authority’ has the
meaning given such term in the Fair Employment
Practices Resolution (House Resolution 558 of the
One Hundredth Congress, as adopted October 4,
1988, and incorporated into rule LI of the Rules of
the House of Representatives of the One Hundred
and Second Congress); and
‘‘(2) the term ‘instrumentalities of the Con-
gress’ includes the Architect of the Capitol, the Li-
brary of Congress, the Congressional Budget Office,
the General Accounting Office, the Government
Printing Office, the Office of Technology Assess-
ment, and the United States Botanic Garden.’’.
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