I 
109TH CONGRESS 
1ST SESSION H. R. 2004 
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 certain violators, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2005 
Mr. OWENS (for himself, Mr. GEORGE MILLER of California, Mr. ANDREWS, 
Mr. LYNCH, Ms. DELAURO, and Mr. MICHAUD) introduced the following 
bill; which was referred to the Committee on Education and the Work-
force 
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 certain viola-
tors, 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. 
This Act may be cited as the ‘‘Protecting America’s 
Workers Act’’.
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made 
to a section or other provision of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 651 et seq.). 
TITLE I—COVERAGE AND 
APPLICATION OF ACT 
SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 
(a) IN GENERAL.—Section 3(5) (29 U.S.C. 652(5)) 
is amended by striking ‘‘but does not include’’ and all that 
follows and inserting ‘‘including the United States, a 
State, or a political subdivision 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. APPLICATION OF ACT. 
Section 4(b) (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 enforcing a standard or regulation affecting occu-
pational safety or health of some or all of the em-
ployees within that agency’s regulatory jurisdiction, 
and the Secretary determines that such a standard 
or regulation as promulgated 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 those 
employees by this Act and the Secretary’s enforce-
ment of this Act, the Secretary may publish a cer-
tification 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 af-
fecting occupational safety or health. In determining 
whether to cede jurisdiction to a Federal agency, the 
Secretary shall seek to avoid duplication of, and con-
flicts between, health and safety requirements. Such 
certification shall remain in effect unless and until 
rescinded by the Secretary. 
‘‘(2) The Secretary shall, by regulation, estab-
lish procedures by which any person who may be ad-
versely affected by a decision of the Secretary certi-
fying that the Secretary has ceded jurisdiction to an-
other 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 
petition in the Federal Register. 
‘‘(3) Any person who may be adversely affected 
by— 
‘‘(A) a decision of the Secretary certifying 
that the Secretary has ceded jurisdiction to an-
other Federal agency pursuant to paragraph 
(1); or 
‘‘(B) a decision of the Secretary denying a 
petition to rescind such a certification notice 
under paragraph (1), 
may, not later than 60 days after such decision is 
published 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 busi-
ness, 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 arbitrary,
capricious, an abuse of discretion, or otherwise not 
in accordance with law. 
‘‘(4) Nothing in this Act shall apply to working 
conditions covered by the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et seq.).’’. 
TITLE II—INCREASING PROTEC-
TIONS 
FOR 
WHISTLE-
BLOWERS 
SEC. 201. EMPLOYEE ACTIONS. 
Section 11(c)(1) (29 U.S.C. 660(c)(1)) is amended 
by inserting before the period at the end the following: 
‘‘, including reporting any injury, illness, or unsafe condi-
tion to the employer, agent of the employer, safety and 
health committee involved, or employee safety and health 
representative involved’’. 
SEC. 202. PROHIBITION OF DISCRIMINATION. 
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing paragraph (2) and inserting the following: 
‘‘(2) No person shall discharge or in any man-
ner discriminate 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. The circumstances causing the employee’s ap-
prehension of serious injury or serious impairment 
of health shall be of such a nature that a reasonable 
person, under the circumstances confronting the em-
ployee, would conclude that there is a bona fide dan-
ger of a serious injury, or serious impairment of 
health, resulting from the circumstances. In order to 
qualify for protection under this paragraph, the em-
ployee, when practicable, shall have sought from the 
employee’s employer, and have been unable to ob-
tain, a correction of the circumstances causing the 
refusal to perform the employee’s duties.’’. 
SEC. 203. PROCEDURE. 
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing paragraph (3) and inserting the following: 
‘‘(3) Any employee who believes that the em-
ployee has been discharged, disciplined, or otherwise 
discriminated against by any person in violation of 
paragraph (1) or (2) may, within 180 days after 
such alleged violation occurs, file (or have filed by 
any person on the employee’s behalf) a complaint 
with the Secretary alleging that such discharge or 
discrimination violates paragraph (1) or (2). Upon 
receipt of such a complaint, the Secretary shall no-
tify the person named in the complaint (referred to
in this subsection as the ‘respondent’) of the filing 
of the complaint. 
‘‘(4)(A)(i) Not later than 60 days after the re-
ceipt of a complaint filed under paragraph (3), the 
Secretary shall conduct an investigation and deter-
mine whether there is reasonable cause to believe 
that the complaint has merit. During the investiga-
tion, the Secretary shall notify the respondent of the 
charges made in the complaint, and shall provide 
such person with an opportunity to meet with the in-
spector conducting the investigation, to submit a re-
sponse to such charges, and to present witnesses to 
rebut such charges. The Secretary shall also con-
sider the result of any grievance proceeding provided 
for in a collective bargaining agreement, that may 
have been held with respect to such charges. Upon 
completion of the investigation, the Secretary shall 
issue findings and notify the complainant and the 
respondent of the Secretary’s findings. If the Sec-
retary has concluded that there is reasonable cause 
to believe that a violation has occurred, the Sec-
retary’s findings shall be accompanied by a prelimi-
nary order providing the relief prescribed by sub-
paragraph (B).
‘‘(ii)(I) Not later than 30 days after the 
Secretary has issued findings under clause (i), 
either the respondent or the complainant may 
file objections to the findings or preliminary 
order, and request a hearing on the record, ex-
cept that the filing of such objections shall not 
operate to stay any reinstatement remedy con-
tained in the preliminary order. 
‘‘(II) If a hearing described in subclause 
(I) is not requested in the 30-day period de-
scribed in such subclause with respect to a pre-
liminary order, the order shall be deemed to be 
a final order and not subject to judicial review. 
‘‘(iii) If the Secretary does not issue find-
ings under clause (i) with respect to a com-
plaint within 90 days after the receipt of the 
complaint, the complainant may request a hear-
ing on the record on the complaint. 
‘‘(iv) The Secretary shall expeditiously con-
duct a hearing requested under clause (ii) or 
(iii). Upon the conclusion of such hearing, the 
Secretary shall issue a final order within 120 
days. Until the issuance of a final order, such 
hearing may be terminated at any time on the 
basis of a settlement agreement entered into by
the Secretary, the complainant, and the re-
spondent. 
‘‘(B)(i) If, in response to a complaint filed 
under paragraph (3), the Secretary determines that 
a violation of paragraph (1) or (2) has occurred, in 
issuing an order under subparagraph (A)(iv), the 
Secretary shall require— 
‘‘(I) the person who committed such viola-
tion to correct the violation; 
‘‘(II) such person to reinstate the com-
plainant to the complainant’s former position 
together with the compensation (including back-
pay), terms, conditions, and privileges of the 
complainant’s employment; and 
‘‘(III) such person to pay compensatory 
damages. 
‘‘(ii) On issuing an order requiring a remedy 
described in clause (i), the Secretary, at the request 
of the complainant, may assess against the person 
against whom the order is issued a sum equal to the 
aggregate amount of all costs and expenses (includ-
ing attorney’s fees) reasonably incurred, as deter-
mined by the Secretary, by the complainant for, or 
in connection with a complaint upon which the order 
was issued.
‘‘(5)(A) Any person adversely affected or ag-
grieved by an order issued after a hearing conducted 
under paragraph (4)(A) may obtain review of the 
order in the United States Court of Appeals for the 
circuit in which the violation, with respect to which 
the order was issued, allegedly occurred, or the cir-
cuit in which such person resided on the date of 
such violation. The petition for review shall be filed 
within 60 days after the issuance of the Secretary’s 
order. Such review shall be conducted in accordance 
with the provisions of chapter 7 of title 5, United 
States Code. The court shall conduct the review and 
issue a decision expeditiously. 
‘‘(B) If a person fails to comply with an order 
issued under paragraph (4)(A), the Secretary shall 
file a civil action in the United States district court 
for the district in which the violation was found to 
occur in order to enforce such order. In actions 
brought under this subparagraph, the district court 
shall have jurisdiction to grant all appropriate relief, 
including injunctive relief, reinstatement, and com-
pensatory damages. 
‘‘(6) The legal burdens of proof set forth in sec-
tion 1221(e) of title 5, United States Code, shall
govern adjudication of violations under this sub-
section.’’. 
SEC. 204. RELATION TO ENFORCEMENT. 
Section 17(j) (29 U.S.C. 666(j)) is amended by in-
serting before the period the following: ‘‘, including the 
history of violations, under section 11(c)’’. 
TITLE III—INCREASING 
PENALTIES FOR VIOLATORS 
SEC. 301. POSTING OF EMPLOYEE RIGHTS. 
Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by 
adding at the end the following new sentence: ‘‘Such regu-
lations shall include provisions requiring employers to post 
for employees information on the protections afforded 
under section 11(c).’’. 
SEC. 302. INVESTIGATIONS OF FATALITIES AND SERIOUS 
INCIDENTS. 
Section 8 (29 U.S.C. 657) is amended by adding at 
the end the following new subsection: 
‘‘(i)(1) The Secretary shall investigate any incident 
resulting in death or serious incident, that occurs in a 
place of employment covered by this Act. 
‘‘(2) If an incident resulting in death or serious inci-
dent occurs in a place of employment covered by this Act, 
the employer shall notify the Secretary of the incident in-
volved and shall take appropriate measures to prevent the
destruction or alteration of any evidence that would assist 
in investigating the incident. The appropriate measures re-
quired by this paragraph do not prevent an employer from 
taking action on a worksite to prevent injury to employees 
or substantial damage to property. If an employer takes 
such action, the employer shall notify the Secretary of the 
action in a timely fashion. 
‘‘(3) In this subsection the followng definitions apply: 
‘‘(A) INCIDENT
RESULTING
IN
DEATH.—The 
term ‘incident resulting in death’ means an incident 
that results in the death of an employee. 
‘‘(B) SERIOUS
INCIDENT.—The term ‘serious 
incident’ means an incident that results in the hos-
pitalization of 2 or more employees.’’. 
SEC. 303. PROHIBITION ON UNCLASSIFIED CITATIONS. 
Section 9 (29 U.S.C. 658) is amended by adding at 
the end the following: 
‘‘(d) The Secretary may not designate a citation 
issued under this section as an unclassified citation.’’. 
SEC. 304. VICTIMS’ RIGHTS. 
The Act is amended by inserting after section 9 (29 
U.S.C. 658) the following: 
‘‘SEC. 9A. VICTIM’S RIGHTS. 
‘‘(a) DEFINITION.—In this section, the term ‘victim’ 
means—
‘‘(1) an employee who has sustained a work-re-
lated injury or illness that is the subject of an in-
spection or investigation conducted under section 8, 
or 
‘‘(2) a family member of an employee, if— 
‘‘(A) the employee is killed as a result of 
a work-related injury or illness that is the sub-
ject of an inspection or investigation conducted 
under section 8; or 
‘‘(B) the employee sustains a work-related 
injury or illness that is the subject of an inspec-
tion or investigation conducted under section 8, 
and the employee cannot reasonably exercise 
the employee’s rights under this section. 
‘‘(b) RIGHTS.—On request, a victim shall be afforded 
the right, with respect to a work-related injury or illness 
(including a death resulting from a work-related injury or 
illness) involving an employee, to— 
‘‘(1) meet with the Secretary, or an authorized 
representative of the Secretary, regarding the in-
spection or investigation conducted under section 8 
concerning the employee’s injury or illness before the 
Secretary’s decision to issue a citation or take no ac-
tion; and
‘‘(2)(A) receive, at no cost, a copy of any cita-
tion or report, issued as a result of such inspection 
or investigation, on the later of the date the citation 
or report is issued and the date of the request; 
‘‘(B) be informed of any notice of contest filed 
under section 10; and 
‘‘(C) be provided an explanation of the rights of 
employee and employee representatives to participate 
in proceedings conducted under section 10. 
‘‘(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 
resulting in death or serious incident under section 8, the 
Secretary, on request, shall provide an opportunity to the 
victim to appear and make a statement before the parties 
conducting settlement negotiations. 
‘‘(d) NOTIFICATION AND REVIEW.—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.’’. 
SEC. 305. RIGHT TO CONTEST CITATIONS AND PENALTIES. 
The first sentence of section 10(c) (29 U.S.C. 659(c)) 
is amended—
(1) by inserting after ‘‘the issuance of a cita-
tion’’ the following: ‘‘(including a modification of a 
citation issued)’’; and 
(2) 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 proposed penalty is not 
adequate, or’’. 
SEC. 306. OBJECTIONS TO MODIFICATION OF CITATIONS. 
Section 10 (29 U.S.C. 659) is amended by adding 
at the end the following new subsection: 
‘‘(d)(1) If the Secretary intends to withdraw or to 
modify a citation issued under section 9(a) as a result of 
any agreement with the cited employer, the Secretary shall 
provide (in accordance with rules of procedure prescribed 
by the Commission) prompt notice to affected employees 
or representatives of affected employees, and that notice 
shall include the terms of the proposed agreement. 
‘‘(2) Not later than 15 working days after the receipt 
of a notice provided in accordance with paragraph (1), any 
employee or representative of employees, regardless of 
whether such employee or representative has previously 
elected to participate in the proceedings involved, shall 
have the right to file a notice with the Secretary alleging 
that the proposed agreement fails to effectuate the pur-
poses of this Act and stating the respects in which the 
agreement fails to effectuate the purposes. 
‘‘(3) Upon receipt of a notice filed under paragraph 
(2), the Secretary shall consider the statements presented 
in the notice, and if the Secretary determines to proceed 
with the proposed agreement, the Secretary shall respond 
with particularity to the statements presented in the no-
tice. 
‘‘(4) Not later than 15 working days following the 
Secretary’s response provided pursuant to paragraph (3), 
the employee or representative of employees shall, on mak-
ing a request to the Commission, be entitled to a hearing 
before the Commission as to whether adoption of the pro-
posed agreement would effectuate the purposes of this Act, 
including a determination as to whether the proposed 
agreement would adequately abate the alleged violations 
alleged in the citation. 
‘‘(5) If the Commission determines that the proposed 
agreement fails to effectuate the purposes of this Act, the 
proposed agreement shall not be entered as an order of 
the Commission and the citation shall not be withdrawn 
or modified in accordance with the proposed agreement.’’. 
SEC. 307. CIVIL PENALTIES. 
Section 17 (29 U.S.C. 666) is amended— 
(1) in subsection (a)—
(A) by striking ‘‘$70,000’’ and inserting 
‘‘$100,000’’; 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$7,000’’; and 
(C) by adding at the end the following: ‘‘If 
such a violation causes the death of an em-
ployee, such civil penalty amounts shall be in-
creased to not more than $250,000 for such 
violation, but not less than $50,000 for such 
violation.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$10,000’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation causes the death of an em-
ployee, such civil penalty amounts shall be in-
creased to not more than $50,000 for such vio-
lation, but not less than $20,000 for such viola-
tion.’’; 
(3) in subsection (c)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$10,000’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation causes the death of an em-
ployee, such civil penalty amounts shall be in-
creased to not more than $50,000 for such vio-
lation, but not less than $20,000 for such viola-
tion.’’; 
(4) in subsection (d)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$10,000’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation causes the death of an em-
ployee, such civil penalty amounts shall be in-
creased to not more than $50,000 for such vio-
lation, but not less than $20,000 for such viola-
tion.’’; and 
(5) in subsection (i), by striking ‘‘$7,000’’ and 
inserting ‘‘$10,000’’. 
SEC. 308. OSHA CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 17 (29 U.S.C. 666) (as 
amended by section 307) is further amended— 
(1) in subsection (e)— 
(A) by striking ‘‘fine of not more than 
$10,000’’ and inserting ‘‘fine in accordance 
with section 3571 of title 18, United States 
Code,’’; 
(B) by striking ‘‘six months’’ and inserting 
‘‘10 years’’;
(C) by inserting ‘‘under this subsection or 
subsection (i)’’ after ‘‘first conviction of such 
person’’; 
(D) by striking ‘‘fine of not more than 
$20,000’’ and inserting ‘‘fine in accordance 
with section 3571 of title 18, United States 
Code,’’; and 
(E) by striking ‘‘one year’’ and inserting 
‘‘20 years’’; 
(2) in subsection (f), by striking ‘‘fine of not 
more than $1,000 or by imprisonment for not more 
than six months,’’ and inserting ‘‘fine in accordance 
with section 3571 of title 18, United States Code, or 
by imprisonment for not more than 2 years,’’; 
(3) in subsection (g), by striking ‘‘fine of not 
more than $10,000, or by imprisonment for not 
more than six months,’’ and inserting ‘‘fine in ac-
cordance with section 3571 of title 18, United States 
Code, or by imprisonment for not more than 1 
year,’’; 
(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 
‘‘(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.’’. 
TITLE IV—REQUIRING EMPLOY-
ERS TO PROVIDE 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