I 
113TH CONGRESS 
1ST SESSION H. R. 1648 
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 high gravity violations, to adjust penalties for infla-
tion, to provide rights for victims or their family members, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2013 
Mr. GEORGE MILLER of California (for himself, Mr. COURTNEY, Ms. TITUS, 
Mr. HOLT, Mr. NADLER, Mr. GENE GREEN of Texas, Ms. DELAURO, 
and Mr. PAYNE) 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 expand coverage under the Act, to increase protections 
for whistleblowers, to increase penalties for high gravity 
violations, to adjust penalties for inflation, to provide 
rights for victims or their family members, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Protecting America’s Workers Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—COVERAGE OF PUBLIC EMPLOYEES AND APPLICATION 
OF ACT 
Sec. 101. Coverage of public employees. 
Sec. 102. Application of Act. 
TITLE II—INCREASING WHISTLEBLOWER PROTECTIONS 
Sec. 201. Enhanced protections from retaliation. 
TITLE III—IMPROVING REPORTING, INSPECTION, AND 
ENFORCEMENT 
Sec. 301. General duty of employers. 
Sec. 302. Posting of employee rights. 
Sec. 303. Employer reporting of work-related injuries, illnesses, deaths and hos-
pitalizations; prohibition on discouraging employee reporting. 
Sec. 304. No loss of employee pay for inspections. 
Sec. 305. Investigations of fatalities and significant incidents. 
Sec. 306. Prohibition on unclassified citations. 
Sec. 307. Victims’ rights. 
Sec. 308. Right to contest citations and penalties. 
Sec. 309. Correction of serious, willful, or repeated violations pending contest 
and procedures for a stay. 
Sec. 310. Conforming amendments. 
Sec. 311. Civil penalties. 
Sec. 312. Criminal penalties. 
Sec. 313. Prejudgment interest. 
TITLE IV—STATE PLANS 
Sec. 401. Concurrent enforcement authority and review of State occupational 
safety and health plans. 
Sec. 402. Evaluation of Repeated Violations in State Plans. 
TITLE V—NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY 
AND HEALTH 
Sec. 501. Health Hazard Evaluations by the National Institute for Occupa-
tional Safety and Health. 
TITLE VI—EFFECTIVE DATE 
Sec. 601. Effective date. 
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TITLE I—COVERAGE OF PUBLIC 
EMPLOYEES 
AND 
APPLICA-
TION OF ACT 
SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 
(a) IN GENERAL.—Section 3(5) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 652(5)) is 
amended by striking ‘‘but does not include’’ and all that 
follows through the period at the end and inserting ‘‘in-
cluding the United States, a State, or a political subdivi-
sion 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) of the Occupational Safety and Health 
Act of 1970 (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 en-
forcing a standard or regulation affecting occupational 
safety or health of some or all of the employees within 
that agency’s regulatory jurisdiction, and the Secretary 
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determines that such a standard or regulation as promul-
gated 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 certification 
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 affecting occupational safety or health. In 
determining whether to cede jurisdiction to a Federal 
agency, the Secretary shall seek to avoid duplication of, 
and conflicts between, health and safety requirements. 
Such certification shall remain in effect unless and until 
rescinded by the Secretary. 
‘‘(2) The Secretary shall, by regulation, establish pro-
cedures by which any person who may be adversely af-
fected by a decision of the Secretary certifying that the 
Secretary has ceded jurisdiction to another 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 
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of the petition, publish a decision with respect to the peti-
tion 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 another Fed-
eral agency pursuant to paragraph (1); or 
‘‘(B) a decision of the Secretary denying a peti-
tion to rescind such a certification notice under 
paragraph (1), 
may, not later than 60 days after such decision is pub-
lished 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 business, 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 arbi-
trary, capricious, an abuse of discretion, or otherwise not 
in accordance with law. 
‘‘(4) Nothing in this Act shall apply to working condi-
tions covered by the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 801 et seq.).’’. 
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TITLE II—INCREASING 
WHISTLEBLOWER PROTECTIONS 
SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION. 
(a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 
660(c)(1)) is amended— 
(1) by striking ‘‘discharge’’ and all that follows 
through ‘‘because such’’ and inserting the following: 
‘‘discharge or cause to be discharged, or in any man-
ner discriminate against or cause to be discriminated 
against, any employee because— 
‘‘(A) such’’; 
(2) by striking ‘‘this Act or has’’ and inserting 
the following: ‘‘this Act; 
‘‘(B) such employee has’’; 
(3) by striking ‘‘in any such proceeding or be-
cause of the exercise’’ and inserting the following: 
‘‘before Congress or in any Federal or State pro-
ceeding related to safety or health; 
‘‘(C) such employee has refused to violate any 
provision of this Act; or 
‘‘(D) of the exercise’’; and 
(4) by inserting before the period at the end the 
following: ‘‘, including the reporting of any injury, 
illness, or unsafe condition to the employer, agent of 
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the employer, safety and health committee involved, 
or employee safety and health representative in-
volved’’. 
(b) PROHIBITION OF RETALIATION.—Section 11(c) 
of such Act (29 U.S.C. 660(c)) is amended by striking 
paragraph (2) and inserting the following: 
‘‘(2) PROHIBITION OF RETALIATION.—(A) No 
person shall discharge, or cause to be discharged, or 
in any manner discriminate against, or cause to be 
discriminated 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. 
‘‘(B) For purposes of subparagraph (A), the 
circumstances causing the employee’s good-faith be-
lief that performing such duties would pose a safety 
or health hazard shall be of such a nature that a 
reasonable person, under the circumstances con-
fronting the employee, would conclude that there is 
such a hazard. In order to qualify for protection 
under this paragraph, the employee, when prac-
ticable, shall have communicated or attempted to 
communicate the safety or health concern to the em-
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ployer and have not received from the employer a re-
sponse reasonably calculated to allay such concern.’’. 
(c) PROCEDURE.—Section 11(c) of such Act (29 
U.S.C. 660(c)) is amended by striking paragraph (3) and 
inserting the following: 
‘‘(3) COMPLAINT.—Any employee who believes 
that the employee has been discharged, disciplined, 
or otherwise discriminated against by any person in 
violation of paragraph (1) or (2) may seek relief for 
such violation by filing a complaint with the Sec-
retary under paragraph (5). 
‘‘(4) STATUTE OF LIMITATIONS.— 
‘‘(A) IN GENERAL.—An employee may take 
the action permitted by paragraph (3)(A) not 
later than 180 days after the later of— 
‘‘(i) the date on which an alleged vio-
lation of paragraph (1) or (2) occurs; or 
‘‘(ii) the date on which the employee 
knows or should reasonably have known 
that such alleged violation occurred. 
‘‘(B) 
REPEAT
VIOLATION.—Except 
in 
cases when the employee has been discharged, 
a violation of paragraph (1) or (2) shall be con-
sidered to have occurred on the last date an al-
leged repeat violation occurred. 
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‘‘(5) INVESTIGATION.— 
‘‘(A) IN
GENERAL.—An employee may, 
within the time period required under para-
graph (4)(B), file a complaint with the Sec-
retary alleging a violation of paragraph (1) or 
(2). If the complaint alleges a prima facie case, 
the Secretary shall conduct an investigation of 
the allegations in the complaint, which— 
‘‘(i) shall include— 
‘‘(I) interviewing the complain-
ant; 
‘‘(II) providing the respondent an 
opportunity to— 
‘‘(aa) submit to the Sec-
retary a written response to the 
complaint; and 
‘‘(bb) meet with the Sec-
retary to present statements from 
witnesses or provide evidence; 
and 
‘‘(III) providing the complainant 
an opportunity to— 
‘‘(aa) receive any statements 
or evidence provided to the Sec-
retary; 
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‘‘(bb) meet with the Sec-
retary; and 
‘‘(cc) rebut any statements 
or evidence; and 
‘‘(ii) may include issuing subpoenas 
for the purposes of such investigation. 
‘‘(B) DECISION.—Not later than 90 days 
after the filing of the complaint, the Secretary 
shall— 
‘‘(i) determine whether reasonable 
cause exists to believe that a violation of 
paragraph (1) or (2) has occurred; and 
‘‘(ii) issue a decision granting or de-
nying relief. 
‘‘(6) PRELIMINARY ORDER FOLLOWING INVES-
TIGATION.—If, after completion of an investigation 
under paragraph (5)(A), the Secretary finds reason-
able cause to believe that a violation of paragraph 
(1) or (2) has occurred, the Secretary shall issue a 
preliminary order providing relief authorized under 
paragraph (14) at the same time the Secretary 
issues a decision under paragraph (5)(B). If a de 
novo hearing is not requested within the time period 
required under paragraph (7)(A)(i), such prelimi-
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nary order shall be deemed a final order of the Sec-
retary and is not subject to judicial review. 
‘‘(7) HEARING.— 
‘‘(A) REQUEST FOR HEARING.— 
‘‘(i) IN GENERAL.—A de novo hearing 
on the record before an administrative law 
judge may be requested— 
‘‘(I) by the complainant or re-
spondent within 30 days after receiv-
ing notification of a decision granting 
or denying relief issued under para-
graph (5)(B) or paragraph (6) respec-
tively; 
‘‘(II) by the complainant within 
30 days after the date the complaint 
is dismissed without investigation by 
the Secretary under paragraph (5)(A); 
or 
‘‘(III) by the complainant within 
120 days after the date of filing the 
complaint, if the Secretary has not 
issued a decision under paragraph 
(5)(B). 
‘‘(ii) REINSTATEMENT
ORDER.—The 
request for a hearing shall not operate to 
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stay any preliminary reinstatement order 
issued under paragraph (6). 
‘‘(B) PROCEDURES.— 
‘‘(i) IN
GENERAL.—A hearing re-
quested under this paragraph shall be con-
ducted expeditiously and in accordance 
with rules established by the Secretary for 
hearings conducted by administrative law 
judges. 
‘‘(ii) SUBPOENAS; PRODUCTION
OF 
EVIDENCE.—In conducting any such hear-
ing, the administrative law judge may issue 
subpoenas. The respondent or complainant 
may request the issuance of subpoenas 
that require the deposition of, or the at-
tendance and testimony of, witnesses and 
the production of any evidence (including 
any books, papers, documents, or record-
ings) relating to the matter under consid-
eration. 
‘‘(iii) DECISION.—The administrative 
law judge shall issue a decision not later 
than 90 days after the date on which a 
hearing was requested under this para-
graph and promptly notify, in writing, the 
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parties and the Secretary of such decision, 
including the findings of fact and conclu-
sions of law. If the administrative law 
judge finds that a violation of paragraph 
(1) or (2) has occurred, the judge shall 
issue an order for relief under paragraph 
(14). If review under paragraph (8) is not 
timely requested, such order shall be 
deemed a final order of the Secretary that 
is not subject to judicial review. 
‘‘(8) ADMINISTRATIVE APPEAL.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date of notification of a decision 
and order issued by an administrative law judge 
under paragraph (7), the complainant or re-
spondent may file, with objections, an adminis-
trative appeal with an administrative review 
body designated by the Secretary (referred to in 
this paragraph as the ‘review board’). 
‘‘(B) STANDARD OF REVIEW.—In review-
ing the decision and order of the administrative 
law judge, the review board shall affirm the de-
cision and order if it is determined that the fac-
tual findings set forth therein are supported by 
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substantial evidence and the decision and order 
are made in accordance with applicable law. 
‘‘(C) DECISIONS.—If the review board 
grants an administrative appeal, the review 
board shall issue a final decision and order af-
firming or reversing, in whole or in part, the 
decision under review by not later than 90 days 
after receipt of the administrative appeal. If it 
is determined that a violation of paragraph (1) 
or (2) has occurred, the review board shall issue 
a final decision and order providing relief au-
thorized under paragraph (14). Such decision 
and order shall constitute final agency action 
with respect to the matter appealed. 
‘‘(9) SETTLEMENT
IN
THE
ADMINISTRATIVE 
PROCESS.— 
‘‘(A) IN
GENERAL.—At any time before 
issuance of a final order, an investigation or 
proceeding under this subsection may be termi-
nated on the basis of a settlement agreement 
entered into by the parties. 
‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 
Neither the Secretary, an administrative law 
judge, nor the review board conducting a hear-
ing under this subsection shall accept a settle-
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ment that contains conditions conflicting with 
the rights protected under this Act or that are 
contrary to public policy, including a restriction 
on a complainant’s right to future employment 
with employers other than the specific employ-
ers named in a complaint. 
‘‘(10) INACTION BY THE REVIEW BOARD OR AD-
MINISTRATIVE LAW JUDGE.— 
‘‘(A) IN GENERAL.—The complainant may 
bring a de novo action described in subpara-
graph (B) if— 
‘‘(i) an administrative law judge has 
not issued a decision and order within the 
90-day time period required under para-
graph (7)(B)(iii); or 
‘‘(ii) the review board has not issued 
a decision and order within the 90-day 
time period required under paragraph 
(8)(C). 
‘‘(B) DE NOVO ACTION.—Such de novo ac-
tion may be brought at law or equity in the 
United States district court for the district 
where a violation of paragraph (1) or (2) alleg-
edly occurred or where the complainant resided 
on the date of such alleged violation. The court 
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shall have jurisdiction over such action without 
regard to the amount in controversy and to 
order appropriate relief under paragraph (14). 
Such action shall, at the request of either party 
to such action, be tried by the court with a 
jury. 
‘‘(11) JUDICIAL REVIEW.— 
‘‘(A) TIMELY APPEAL TO THE COURT OF 
APPEALS.—Any party adversely affected or ag-
grieved by a final decision and order issued 
under this subsection may obtain review of such 
decision and order in the United States Court 
of Appeals for the circuit where the violation, 
with respect to which such final decision and 
order was issued, allegedly occurred or where 
the complainant resided on the date of such al-
leged violation. To obtain such review, a party 
shall file a petition for review not later than 60 
days after the final decision and order was 
issued. Such review shall conform to chapter 7 
of title 5, United States Code. The commence-
ment of proceedings under this subparagraph 
shall not, unless ordered by the court, operate 
as a stay of the final decision and order. 
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‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order and decision with respect to 
which review may be obtained under subpara-
graph (A) shall not be subject to judicial review 
in any criminal or other civil proceeding. 
‘‘(12) ENFORCEMENT
OF
ORDER.—If a re-
spondent fails to comply with an order issued under 
this subsection, the Secretary or the complainant on 
whose behalf the order was issued may file a civil ac-
tion for enforcement in the United States district 
court for the district in which the violation was 
found to occur to enforce such order. If both the 
Secretary and the complainant file such action, the 
action of the Secretary shall take precedence. The 
district court shall have jurisdiction to grant all ap-
propriate relief described in paragraph (14). 
‘‘(13) BURDENS OF PROOF.— 
‘‘(A) CRITERIA FOR DETERMINATION.—In 
making a determination or adjudicating a com-
plaint pursuant to this subsection, the Sec-
retary, administrative law judge, review board, 
or a court may determine that a violation of 
paragraph (1) or (2) has occurred only if the 
complainant demonstrates that any conduct de-
scribed in paragraph (1) or (2) with respect to 
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the complainant was a contributing factor in 
the adverse action alleged in the complaint. 
‘‘(B) PROHIBITION.—Notwithstanding sub-
paragraph (A), a decision or order that is favor-
able to the complainant shall not be issued in 
any administrative or judicial action pursuant 
to this subsection if the respondent dem-
onstrates by clear and convincing evidence that 
the respondent would have taken the same ad-
verse action in the absence of such conduct. 
‘‘(14) RELIEF.— 
‘‘(A) ORDER
FOR
RELIEF.—If the Sec-
retary, administrative law judge, review board, 
or a court determines that a violation of para-
graph (1) or (2) has occurred, the Secretary, 
administrative law judge, review board, or 
court, respectively, shall have jurisdiction to 
order all appropriate relief, including injunctive 
relief, compensatory and exemplary damages, 
including— 
‘‘(i) affirmative action to abate the 
violation; 
‘‘(ii) reinstatement without loss of po-
sition or seniority, and restoration of the 
terms, rights, conditions, and privileges as-
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sociated with the complainant’s employ-
ment, including opportunities for pro-
motions to positions with equivalent or bet-
ter compensation for which the complain-
ant is qualified; 
‘‘(iii) compensatory and consequential 
damages sufficient to make the complain-
ant whole, (including back pay, prejudg-
ment interest, and other damages); and 
‘‘(iv) expungement of all warnings, 
reprimands, or derogatory references that 
have been placed in paper or electronic 
records or databases of any type relating 
to the actions by the complainant that 
gave rise to the unfavorable personnel ac-
tion, and, at the complainant’s direction, 
transmission of a copy of the decision on 
the complaint to any person whom the 
complainant reasonably believes may have 
received such unfavorable information. 
‘‘(B) ATTORNEYS’ FEES
AND
COSTS.—If 
the Secretary or an administrative law judge, 
review board, or court grants an order for relief 
under subparagraph (A), the Secretary, admin-
istrative law judge, review board, or court, re-
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spectively, shall assess, at the request of the 
employee against the employer— 
‘‘(i) reasonable attorneys’ fees; and 
‘‘(ii) costs (including expert witness 
fees) reasonably incurred, as determined 
by the Secretary, administrative law judge, 
review board, or court, respectively, in con-
nection with bringing the complaint upon 
which the order was issued. 
‘‘(15) PROCEDURAL RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(16) SAVINGS.—Nothing in this subsection 
shall be construed to diminish the rights, privileges, 
or remedies of any employee who exercises rights 
under any Federal or State law or common law, or 
under any collective bargaining agreement. 
‘‘(17) ELECTION OF VENUE.— 
‘‘(A) IN
GENERAL.—An employee of an 
employer who is located in a State that has a 
State plan approved under section 18 may file 
a complaint alleging a violation of paragraph 
(1) or (2) by such employer with— 
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‘‘(i) the Secretary under paragraph 
(5); or 
‘‘(ii) a State plan administrator in 
such State. 
‘‘(B) REFERRALS.—If— 
‘‘(i) the Secretary receives a complaint 
pursuant to subparagraph (A)(i), the Sec-
retary shall not refer such complaint to a 
State plan administrator for resolution; or 
‘‘(ii) a State plan administrator re-
ceives a complaint pursuant to subpara-
graph (A)(ii), the State plan administrator 
shall not refer such complaint to the Sec-
retary for resolution.’’. 
(d) RELATION TO ENFORCEMENT.—Section 17(j) of 
such Act (29 U.S.C. 666(j)) is amended by inserting be-
fore the period the following: ‘‘, including the history of 
violations under section 11(c)’’. 
TITLE III—IMPROVING REPORT-
ING, INSPECTION, AND EN-
FORCEMENT 
SEC. 301. GENERAL DUTY OF EMPLOYERS. 
Section 5 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 654(a)(1)) is amended— 
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(1) in subsection (a), by amending paragraph 
(1) to read as follows: 
‘‘(1) shall furnish employment and a place of 
employment that are free from recognized hazards 
that are causing or are likely to cause death or seri-
ous physical harm and that the employer creates or 
controls or to which the employer exposes any em-
ployee of the employer or any other person per-
forming work at the place of employment; and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) Each employee or other person exposed to a haz-
ard in violation of subsection (a) may constitute a separate 
violation.’’. 
SEC. 302. POSTING OF EMPLOYEE RIGHTS. 
Section 8(c)(1) of such Act (29 U.S.C. 657(c)(1)) is 
amended by adding at the end the following new sentence: 
‘‘Such regulations shall include provisions requiring em-
ployers to post for employees information on the protec-
tions afforded under section 11(c).’’. 
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SEC. 303. EMPLOYER REPORTING OF WORK-RELATED INJU-
RIES, ILLNESSES, DEATHS AND HOSPITALIZA-
TIONS; PROHIBITION ON DISCOURAGING EM-
PLOYEE REPORTING. 
Section 8(c)(2) of such Act (29 U.S.C. 657(c)(2)) is 
amended by adding at the end the following new sen-
tences: ‘‘Such regulations shall require site-controlling em-
ployers to keep a site log for all recordable injuries and 
illnesses occurring among all employees on the particular 
site, including employees of the site-controlling employer 
or others who are performing work at the particular site 
(including independent contractors). Such regulations 
shall require employers to promptly notify the Secretary 
of any work-related death or work-related injury or illness 
that results in the in-patient hospitalization of an em-
ployee for medical treatment, and shall prohibit the em-
ployer from adopting or implementing policies or practices 
by the employer that have the effect of discouraging accu-
rate recordkeeping and the reporting of work-related inju-
ries or illnesses by any employee or in any manner dis-
criminates or provides for adverse action against any em-
ployee for reporting a work-related injury or illness. For 
purposes of this paragraph, the term ‘site-controlling em-
ployer’ means the employer that has primary control over 
a work site at which employees of more than one employer 
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work, such as by hiring or coordinating the work of other 
employers working at the site.’’. 
SEC. 304. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS. 
Section 8(e) (29 U.S.C. 657(e)) is amended by insert-
ing after the first sentence the following: ‘‘Time spent by 
an employee participating in or aiding any such inspection 
shall be deemed to be hours worked and no employee shall 
suffer any loss of wages, benefits, or other terms and con-
ditions of employment for having participated in or aided 
any such inspection.’’. 
SEC. 305. INVESTIGATIONS OF FATALITIES AND SIGNIFI-
CANT INCIDENTS. 
Section 8 (29 U.S.C. 657) is amended by adding at 
the end the following new subsection: 
‘‘(i) INVESTIGATION OF FATALITIES AND SERIOUS 
INCIDENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall investigate 
any significant incident or an incident resulting in death 
that occurs in a place of employment. 
‘‘(2) EVIDENCE PRESERVATION.—If a significant in-
cident or an incident resulting in death occurs in a place 
of employment, the employer shall promptly notify the 
Secretary of the incident involved and shall take appro-
priate measures to prevent the destruction or alteration 
of any evidence that would assist in investigating the inci-
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dent. The appropriate measures required by this para-
graph do not prevent an employer from taking action on 
a worksite to prevent injury to employees or substantial 
damage to property or to avoid disruption of essential 
services necessary to public safety, provided that if an em-
ployer takes such action, the employer shall notify the Sec-
retary of the action in a timely fashion. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) INCIDENT
RESULTING
IN
DEATH.—The 
term ‘incident resulting in death’ means an incident 
that results in the death of an employee. 
‘‘(B) SIGNIFICANT INCIDENT.—The term ‘sig-
nificant incident’ means an incident that results in 
the in-patient hospitalization of 2 or more employees 
for medical treatment.’’. 
SEC. 306. PROHIBITION ON UNCLASSIFIED CITATIONS. 
Section 9 (29 U.S.C. 658) is amended by adding at 
the end the following: 
‘‘(d) No citation for a violation of this Act may be 
issued, modified, or settled under this section without a 
designation enumerated in section 17 with respect to such 
violation.’’. 
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SEC. 307. VICTIMS’ RIGHTS. 
The Occupational Safety and Health Act of 1970 is 
amended by inserting after section 9 (29 U.S.C. 658) the 
following: 
‘‘SEC. 9A. VICTIMS’ RIGHTS. 
‘‘(a) RIGHTS BEFORE THE SECRETARY.—A victim or 
the representative of a victim, shall be afforded the right, 
with respect to an inspection or investigation conducted 
under section 8 to— 
‘‘(1) meet with the Secretary regarding the in-
spection or investigation conducted under such sec-
tion before the Secretary’s decision to issue a cita-
tion or take no action; 
‘‘(2) receive, at no cost, a copy of any citation 
or report, issued as a result of such inspection or in-
vestigation, at the same time as the employer re-
ceives such citation or report; 
‘‘(3) be informed of any notice of contest or ad-
dition of parties to the proceedings filed under sec-
tion 10(c); and 
‘‘(4) be provided notification of the date and 
time or any proceedings, service of pleadings, and 
other relevant documents, and an explanation of the 
rights of the employer, employee and employee rep-
resentative, and victim to participate in proceedings 
conducted under section 10(c). 
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‘‘(b) RIGHTS BEFORE THE COMMISSION.—Upon re-
quest, a victim or representative of a victim shall be af-
forded the right with respect to a work-related bodily in-
jury or death to— 
‘‘(1) be notified of the time and date of any 
proceeding before the Commission; 
‘‘(2) receive pleadings and any decisions relat-
ing to the proceedings; and 
‘‘(3) be provided an opportunity to appear and 
make a statement in accordance with the rules pre-
scribed by the Commission. 
‘‘(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 
under section 8, the Secretary shall notify a victim or rep-
resentative of a victim and provide the victim or represent-
ative of a victim with an opportunity to appear and make 
a statement before the parties conducting settlement nego-
tiations. In lieu of an appearance, the victim or represent-
ative of the victim may elect to submit a letter to the Sec-
retary and the parties. 
‘‘(d) SECRETARY PROCEDURES.—The Secretary shall 
establish procedures— 
‘‘(1) to inform victims of their rights under this 
section; and 
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‘‘(2) for the informal review of any claim of a 
denial of such a right. 
‘‘(e) COMMISSION
PROCEDURES
AND
CONSIDER-
ATIONS.—The Commission shall— 
‘‘(1) establish procedures relating to the rights 
of victims to be heard in proceedings before the 
Commission; and 
‘‘(2) in rendering any decision, provide due con-
sideration to any statement or information provided 
by any victim before the Commission. 
‘‘(f) FAMILY LIAISONS.—The Secretary shall des-
ignate at least 1 employee at each area office of the Occu-
pational Safety and Health Administration to serve as a 
family liaison to— 
‘‘(1) keep victims informed of the status of in-
vestigations, enforcement actions, and settlement ne-
gotiations; and 
‘‘(2) assist victims in asserting their rights 
under this section. 
‘‘(g) DEFINITION.—In this section, the term ‘victim’ 
means— 
‘‘(1) an employee, including a former employee, 
who has sustained a work-related injury or illness 
that is the subject of an inspection or investigation 
conducted under section 8; or 
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‘‘(2) a family member (as further defined by 
the Secretary) of a victim described in paragraph 
(1), if— 
‘‘(A) the victim dies as a result of a inci-
dent that is the subject of an inspection or in-
vestigation conducted under section 8; or 
‘‘(B) the victim sustains a work-related in-
jury or illness that is the subject of an inspec-
tion or investigation conducted under section 8, 
and the victim because of incapacity cannot rea-
sonably exercise the rights under this section.’’. 
SEC. 308. RIGHT TO CONTEST CITATIONS AND PENALTIES. 
Section 10(c) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 659(c)) is amended— 
(1) in the first sentence— 
(A) by inserting after ‘‘that he intends to 
contest a citation issued under section (9)’’ the 
following: ‘‘(or a modification of a citation 
issued under this section)’’; 
(B) by inserting after ‘‘the issuance of a 
citation under section 9’’ the following: ‘‘(in-
cluding a modification of a citation issued 
under such section)’’; and 
(C) by inserting after ‘‘files a notice with 
the Secretary alleging’’ the following: ‘‘that the 
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citation fails properly to designate the violation 
as serious, willful, or repeated, that the pro-
posed penalty is not adequate, or’’; 
(2) by inserting after the first sentence, the fol-
lowing: ‘‘The pendency of a contest before the Com-
mission shall not bar the Secretary from inspecting 
a place of employment or from issuing a citation 
under section 9.’’; and 
(3) by amending the last sentence— 
(A) by inserting ‘‘employers and’’ after 
‘‘Commission shall provide’’; and 
(B) by inserting before the period at the 
end ‘‘, and notification of any modification of a 
citation’’. 
SEC. 309. CORRECTION OF SERIOUS, WILLFUL, OR RE-
PEATED VIOLATIONS PENDING CONTEST AND 
PROCEDURES FOR A STAY. 
Section 10 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 659) is amended by adding at the end 
the following: 
‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE-
PEATED VIOLATIONS PENDING CONTEST
AND PROCE-
DURES FOR A STAY.— 
‘‘(1) PERIOD PERMITTED FOR CORRECTION OF 
SERIOUS, WILLFUL, OR
REPEATED
VIOLATIONS.— 
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For each violation which the Secretary designates as 
serious, willful, or repeated, the period permitted for 
the correction of the violation shall begin to run 
upon receipt of the citation. 
‘‘(2) FILING OF A MOTION OF CONTEST.—The 
filing of a notice of contest by an employer— 
‘‘(A) shall not operate as a stay of the pe-
riod for correction of a violation designated as 
serious, willful, or repeated; and 
‘‘(B) may operate as a stay of the period 
for correction of a violation not designated by 
the Secretary as serious, willful, or repeated. 
‘‘(3) CRITERIA AND RULES OF PROCEDURE FOR 
STAYS.— 
‘‘(A) MOTION FOR A STAY.—An employer 
that receives a citation alleging a violation des-
ignated as serious, willful, or repeated and that 
files a notice of contest to the citation asserting 
that the time set for abatement of the alleged 
violation is unreasonable or challenging the ex-
istence of the alleged violation may file with the 
Commission a motion to stay the period for the 
abatement of the violation. 
‘‘(B) CRITERIA.—In determining whether 
a stay should be issued on the basis of a motion 
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filed under subparagraph (A), the Commission 
may grant a stay only if the employer has dem-
onstrated— 
‘‘(i) a substantial likelihood of success 
on the areas contested under subparagraph 
(A); and 
‘‘(ii) that a stay will not adversely af-
fect the health and safety of workers. 
‘‘(C) RULES OF PROCEDURE.—The Com-
mission shall develop rules of procedure for con-
ducting a hearing on a motion filed under sub-
paragraph (A) on an expedited basis. At a min-
imum, such rules shall provide: 
‘‘(i) That a hearing before an admin-
istrative law judge shall occur not later 
than 15 days following the filing of the 
motion for a stay (unless extended at the 
request of the employer), and shall provide 
for a decision on the motion not later than 
15 days following the hearing (unless ex-
tended at the request of the employer). 
‘‘(ii) That a decision of an administra-
tive law judge on a motion for stay is ren-
dered on a timely basis. 
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‘‘(iii) That if a party is aggrieved by 
a decision issued by an administrative law 
judge regarding the stay, such party has 
the right to file an objection with the Com-
mission not later than 5 days after receipt 
of the administrative law judge’s decision. 
Within 10 days after receipt of the objec-
tion, a Commissioner, if a quorum is seat-
ed pursuant to section 12(f), shall decide 
whether to grant review of the objection. 
If, within 10 days after receipt of the ob-
jection, no decision is made on whether to 
review the decision of the administrative 
law judge, the Commission declines to re-
view such decision, or no quorum is seated, 
the decision of the administrative law 
judge shall become a final order of the 
Commission. If the Commission grants re-
view of the objection, the Commission shall 
issue a decision regarding the stay not 
later than 30 days after receipt of the ob-
jection. If the Commission fails to issue 
such decision within 30 days, the decision 
of the administrative law judge shall be-
come a final order of the Commission. 
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‘‘(iv) For notification to employees or 
representatives of affected employees of re-
quests for such hearings and shall provide 
affected employees or representatives of af-
fected employees an opportunity to partici-
pate as parties to such hearings.’’. 
SEC. 310. CONFORMING AMENDMENTS. 
(a) VIOLATIONS DESIGNATED AS SERIOUS, WILL-
FUL, OR REPEATED.—The first sentence of section 10(b) 
of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659(b)) is amended by inserting ‘‘, with the excep-
tion of violations designated as serious, willful, or re-
peated,’’ after ‘‘(which period shall not begin to run’’. 
(b) JUDICIAL REVIEW.—The first sentence of section 
11(a) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 660(a)) is amended— 
(1) by inserting ‘‘(or the failure of the Commis-
sion, including an administrative law judge, to make 
a timely decision on a request for a stay under sec-
tion 10(d))’’ after ‘‘an order’’; 
(2) by striking ‘‘subsection (c)’’ and inserting 
‘‘subsections (c) and (d)’’; and 
(3) by inserting ‘‘(or in the case of a petition 
from a final Commission order regarding a stay 
under section 10(d), 15 days)’’ after ‘‘sixty days’’. 
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(c) FAILURE TO CORRECT VIOLATIONS.—Section 
17(d) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 666(d)) is amended to read as follows: 
‘‘(d) Any employer who fails to correct a violation 
designated by the Secretary as serious, willful, or repeated 
and for which a citation has been issued under section 9(a) 
within the period permitted for its correction (and a stay 
has not been issued by the Commission under section 
10(d)) may be assessed a civil penalty of not more than 
$7,000 for each day during which such failure or violation 
continues. Any employer who fails to correct any other vio-
lation for which a citation has been issued under section 
9(a) of this title within the period permitted for its correc-
tion (which period shall not begin to run until the date 
of the final order of the Commission in the case of any 
review proceeding under section 10 initiated by the em-
ployer in good faith and not solely for delay of avoidance 
of penalties) may be assessed a civil penalty of not more 
than $7,000 for each day during which such failure or vio-
lation continues.’’. 
SEC. 311. CIVIL PENALTIES. 
(a) IN GENERAL.—Section 17 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666) is amend-
ed— 
(1) in subsection (a)— 
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(A) by striking ‘‘$70,000’’ and inserting 
‘‘$120,000’’; 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$8,000’’; and 
(C) by adding at the end the following: ‘‘In 
determining whether a violation is repeated, the 
Secretary or the Commission shall consider the 
employer’s history of violations under this Act 
and under State occupational safety and health 
plans established under section 18. If such a 
willful or repeated violation caused or contrib-
uted to the death of an employee, such civil 
penalty amounts shall be increased to not more 
than $250,000 for each such violation, but not 
less than $50,000 for each such violation, ex-
cept that for an employer with 25 or fewer em-
ployees such penalty shall not be less than 
$25,000 for each such violation.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘$7,000’’ and inserting 
‘‘$12,000’’; and 
(B) by adding at the end the following: ‘‘If 
such a violation caused or contributed to the 
death of an employee, such civil penalty 
amounts shall be increased to not more than 
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$50,000 for each such violation, but not less 
than $20,000 for each such violation, except 
that for an employer with 25 or fewer employ-
ees such penalty shall not be less than $10,000 
for each such violation.’’; 
(3) in subsection (c), by striking ‘‘$7,000’’ and 
inserting ‘‘$12,000’’; 
(4) in subsection (d), as amended, by striking 
‘‘$7,000’’ each place it occurs and inserting 
‘‘$12,000’’; 
(5) by redesignating subsections (e) through (i) 
as subsections (f) through (j), and subsections (j) 
through (l) as subsections (l) through (n) respec-
tively; and 
(6) in subsection (j) (as so redesignated) by 
striking ‘‘$7,000’’ and inserting ‘‘$12,000’’. 
(b) INFLATION ADJUSTMENT.—Section 17 is further 
amended by inserting after subsection (d) the following: 
‘‘(e) Amounts provided under this section for civil 
penalties shall be adjusted by the Secretary at least once 
during each 4-year period beginning January 1, 2015, to 
account for the percentage increase or decrease in the 
Consumer Price Index for all urban consumers during 
such period.’’. 
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SEC. 312. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 17 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 666) (as 
amended by section 310) is further amended— 
(1) by amending subsection (f) (as redesignated 
by section 310) to read as follows: 
‘‘(f)(1) Any employer who knowingly violates any 
standard, rule, or order promulgated under section 6 of 
this Act, or of any regulation prescribed under this Act, 
and that violation caused or significantly contributed to 
the death of any employee, shall, upon conviction, be pun-
ished by a fine in accordance with title 18, United States 
Code, or by imprisonment for not more than 10 years, or 
both, except that if the conviction is for a violation com-
mitted after a first conviction of such person under this 
subsection or subsection (i), punishment shall be by a fine 
in accordance title 18, United States Code, or by imprison-
ment for not more than 20 years, or by both. 
‘‘(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.’’; 
(2) by amending subsection (g) (as redesignated 
by section 310) to read as follows: 
‘‘(g) Unless otherwise authorized by this Act, any 
person that knowingly gives, causes to give, or attempts 
to give or cause to give, advance notice of any inspection 
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conducted under this Act with the intention of impeding, 
interfering with, or adversely affecting the results of such 
inspection, shall be fined under title 18, United States 
Code, imprisoned for not more than 5 years, or both.’’; 
(3) in subsection (h) (as redesignated by section 
310), by striking ‘‘fine of not more than $10,000, or 
by imprisonment for not more than six months,’’ 
and inserting ‘‘fine in accordance with title 18, 
United States Code, or by imprisonment for not 
more than 5 years,’’; and 
(4) by inserting after subsection (j) (as redesig-
nated by section 310) the following: 
‘‘(k)(1) Any employer who knowingly violates any 
standard, rule, or order promulgated under section 6, or 
any regulation prescribed under this Act, and that viola-
tion caused or significantly contributed to serious bodily 
harm to any employee but does not cause death to any 
employee, shall, upon conviction, be punished by a fine in 
accordance with title 18, United States Code, or by impris-
onment 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 sub-
section (e), punishment shall be by a fine in accordance 
with title 18, United States Code, or by imprisonment for 
not more than 10 years, or by both. 
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