SEC. 304. COMMISSION REVIEW OF PENALTY ASSESS-
MENTS. 
Section 110(i) (30 U.S.C. 820(i)) is amended by 
striking ‘‘In assessing civil monetary penalties, the Com-
mission shall consider’’ and inserting the following: ‘‘In 
any review of a citation and proposed penalty assessment 
contested by an operator, the Commission shall assess not 
less than the penalty derived by using the same method-
ology (including any point system) prescribed in regula-
tions under this Act, so as to ensure consistency in oper-
ator penalty assessments, except that the Commission may 
assess a penalty for less than the amount that would result 
from the utilization of such methodology if the Commis-
sion finds that there are extraordinary circumstances. If 
there is no such methodology prescribed for a citation or 
there are such extraordinary circumstances, the Commis-
sion shall assess the penalty by considering’’. 
SEC. 305. DELINQUENT PAYMENTS AND PREJUDGMENT IN-
TEREST. 
(a) PRE-FINAL ORDER INTEREST.—Section 110(j) 
(30 U.S.C. 820(j)) is amended by striking the second and 
third sentences and inserting the following: ‘‘Pre-final 
order interest on such penalties shall begin to accrue on 
the date the operator contests a citation issued under this 
Act, including any mandatory health or safety standard 
or regulation promulgated under this Act, and shall end 
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upon the issuance of the final order. Such pre-final order 
interest shall be calculated at the current underpayment 
rate determined by the Secretary of the Treasury pursu-
ant to section 6621 of the Internal Revenue Code of 1986, 
and shall be compounded daily. Post-final order interest 
shall begin to accrue 30 days after the date a final order 
of the Commission or the court is issued, and shall be 
charged at the rate of 8 percent per annum.’’. 
(b) ENSURING PAYMENT OF PENALTIES.— 
(1) AMENDMENTS.—Section 110 (30 U.S.C. 
820) is further amended— 
(A) by redesignating subsection (l) as sub-
section (m); and 
(B) by inserting after subsection (k) the 
following: 
‘‘(l) ENSURING PAYMENTS OF PENALTIES.— 
‘‘(1) DELINQUENT PAYMENT LETTER.—If the 
operator of a coal or other mine fails to pay any civil 
penalty assessment that has become a final order of 
the Commission or a court within 90 days after such 
assessment became a final order, the Secretary shall 
send the operator a letter advising the operator of 
the consequences under this subsection of such fail-
ure to pay. The letter shall also advise the operator 
of the opportunity to enter into or modify a payment 
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plan with the Secretary based upon a demonstrated 
inability to pay, the procedure for entering into such 
plan, and the consequences of not entering into or 
not complying with such plan. 
‘‘(2) WITHDRAWAL ORDERS FOLLOWING FAIL-
URE TO PAY.—If an operator that receives a letter 
under paragraph (1) has not paid the assessment by 
the date that is 180 days after such assessment be-
came a final order and has not entered into a pay-
ment plan with the Secretary, the Secretary shall 
issue an order requiring such operator to cause all 
persons, except those referred to in section 104(c), 
to be withdrawn from, and to be prohibited from en-
tering, the mine that is covered by the final order 
described in paragraph (1), until the operator pays 
such assessment in full (including interest and ad-
ministrative costs) or enters into a payment plan 
with the Secretary. If such operator enters into a 
payment plan with the Secretary and at any time 
fails to comply with the terms specified in such pay-
ment plan, the Secretary shall issue an order requir-
ing such operator to cause all persons, except those 
referred to in section 104(c), to be withdrawn from 
the mine that is covered by such final order, and to 
be prohibited from entering such mine, until the op-
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erator rectifies the noncompliance with the payment 
plan in the manner specified in such payment 
plan.’’. 
(2) APPLICABILITY
AND
EFFECTIVE
DATE.— 
The amendments made by paragraph (1) shall apply 
to all unpaid civil penalty assessments under the 
Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 801 et seq.), except that, for any unpaid civil 
penalty assessment that became a final order of the 
Commission or a court before the date of enactment 
of this Act, the time periods under section 110(n) of 
the Federal Mine Safety and Health Act of 1977 (as 
amended) (30 U.S.C. 820(n)) shall be calculated as 
beginning on the date of enactment of this Act in-
stead of on the date of the final order. 
TITLE IV—WORKER RIGHTS AND 
PROTECTIONS 
SEC. 401. PROTECTION FROM RETALIATION. 
Section 105(c) (30 U.S.C. 815(c)) is amended to read 
as follows: 
‘‘(c) PROTECTION FROM RETALIATION.— 
‘‘(1) RETALIATION PROHIBITED.— 
‘‘(A) RETALIATION
FOR
COMPLAINT
OR 
TESTIMONY.—No person shall discharge or in 
any manner discriminate against or cause to be 
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discharged or cause discrimination against or 
otherwise interfere with the exercise of the stat-
utory rights of any miner or other employee of 
an operator, representative of miners, or appli-
cant for employment, because— 
‘‘(i) such miner or other employee, 
representative, or applicant for employ-
ment— 
‘‘(I) has filed or made a com-
plaint, or is about to file or make a 
complaint, including a complaint noti-
fying the operator or the operator’s 
agent, or the representative of the 
miners at the coal or other mine of an 
alleged danger or safety or health vio-
lation in a coal or other mine; 
‘‘(II) instituted or caused to be 
instituted, or is about to institute or 
cause to be instituted, any proceeding 
under or related to this Act or has 
testified or is about to testify in any 
such proceeding or because of the ex-
ercise by such miner or other em-
ployee, representative, or applicant for 
employment on behalf of him or her-
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self or others of any right afforded by 
this Act; 
‘‘(III) has testified or is about to 
testify before Congress or any Federal 
or State proceeding related to safety 
or health in a coal or other mine; or 
‘‘(IV) refused to violate any pro-
vision of this Act; or 
‘‘(ii) such miner is the subject of med-
ical evaluations and potential transfer 
under a standard published pursuant to 
section 101. 
‘‘(B) RETALIATION FOR REFUSAL TO PER-
FORM DUTIES.— 
‘‘(i) IN
GENERAL.—No person shall 
discharge or in any manner discriminate 
against a miner or other employee of an 
operator for refusing to perform the min-
er’s or other employee’s duties if the miner 
or other employee has a good-faith and 
reasonable belief that performing such du-
ties would pose a safety or health hazard 
to the miner or other employee or to any 
other miner or employee. 
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‘‘(ii) STANDARD.—For purposes of 
clause (i), the circumstances causing the 
miner’s or other 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 confronting the miner or 
other employee, would conclude that there 
is such a hazard. In order to qualify for 
protection under this paragraph, the miner 
or other employee, when practicable, shall 
have communicated or attempted to com-
municate the safety or health concern to 
the operator and have not received from 
the operator a response reasonably cal-
culated to allay such concern. 
‘‘(2) COMPLAINT.—Any miner or other em-
ployee or representative of miners or applicant for 
employment who believes that he or she has been 
discharged, disciplined, or otherwise discriminated 
against by any person in violation of paragraph (1) 
may file a complaint with the Secretary alleging 
such discrimination not later than 180 days after 
the later of— 
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‘‘(A) the last date on which an alleged vio-
lation of paragraph (1) occurs; or 
‘‘(B) the date on which the miner or other 
employee or representative knows or should rea-
sonably have known that such alleged violation 
occurred. 
‘‘(3) INVESTIGATION AND HEARING.— 
‘‘(A) COMMENCEMENT OF INVESTIGATION 
AND
INITIAL
DETERMINATION.—Upon receipt 
of such complaint, the Secretary shall forward 
a copy of the complaint to the respondent, and 
shall commence an investigation within 15 days 
of the Secretary’s receipt of the complaint, and, 
as soon as practicable after commencing such 
investigation, make the determination required 
under subparagraph (B) regarding the rein-
statement of the miner or other employee. 
‘‘(B) REINSTATEMENT.—If the Secretary 
finds that such complaint was not frivolously 
brought, the Commission, on an expedited basis 
upon application of the Secretary, shall order 
the immediate reinstatement of the miner or 
other employee until there has been a final 
Commission order disposing of the underlying 
complaint of the miner or other employee. If ei-
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ther the Secretary or the miner or other em-
ployee pursues the underlying complaint, such 
reinstatement shall remain in effect until the 
Commission has disposed of such complaint on 
the merits, regardless of whether the Secretary 
pursues such complaint by filing a complaint 
under subparagraph (D) or the miner or other 
employee pursues such complaint by filing an 
action under paragraph (4). If neither the Sec-
retary nor the miner or other employee pursues 
the underlying complaint within the periods 
specified in paragraph (4), such reinstatement 
shall remain in effect until such time as the 
Commission may, upon motion of the operator 
and after providing notice and an opportunity 
to be heard to the parties, vacate such com-
plaint for failure to prosecute. 
‘‘(C) INVESTIGATION.—Such investigation 
shall include interviewing the complainant 
and— 
‘‘(i) providing the respondent an op-
portunity to submit to the Secretary a 
written response to the complaint and to 
present statements from witnesses or pro-
vide evidence; and 
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‘‘(ii) providing the complainant an op-
portunity to receive any statements or evi-
dence provided to the Secretary and rebut 
any statements or evidence. 
‘‘(D) ACTION
BY
THE
SECRETARY.—If, 
upon such investigation, the Secretary deter-
mines that the provisions of this subsection 
have been violated, the Secretary shall imme-
diately file a complaint with the Commission, 
with service upon the alleged violator and the 
miner or other employee or representative of 
miners alleging such discrimination or inter-
ference and propose an order granting appro-
priate relief. 
‘‘(E) ACTION OF THE COMMISSION.—The 
Commission shall afford an opportunity for a 
hearing (in accordance with section 554 of title 
5, United States Code, but without regard to 
subsection (a)(3) of such section) and there-
after shall issue an order, based upon findings 
of fact, affirming, modifying, or vacating the 
Secretary’s proposed order, or directing other 
appropriate relief. Such order shall become final 
30 days after its issuance. The complaining 
miner or other employee, representative, or ap-
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plicant for employment may present additional 
evidence on his or her own behalf during any 
hearing held pursuant to this paragraph. 
‘‘(F) RELIEF.—The Commission shall have 
authority in such proceedings to require a per-
son committing a violation of this subsection to 
take such affirmative action to abate the viola-
tion and prescribe a remedy as the Commission 
considers appropriate, including— 
‘‘(i) the rehiring or reinstatement of 
the miner or other employee with back pay 
and interest and without loss of position or 
seniority, and restoration of the terms, 
rights, conditions, and privileges associated 
with the complainant’s employment; 
‘‘(ii) any other compensatory and con-
sequential damages sufficient to make the 
complainant whole, and exemplary dam-
ages where appropriate; and 
‘‘(iii) 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-
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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. 
‘‘(4) NOTICE TO AND ACTION OF COMPLAIN-
ANT.— 
‘‘(A) NOTICE
TO
COMPLAINANT.—Not 
later than 90 days of the receipt of a complaint 
filed under paragraph (2), the Secretary shall 
notify, in writing, the miner or other employee, 
applicant for employment, or representative of 
miners of his determination whether a violation 
has occurred. 
‘‘(B) ACTION
OF
COMPLAINANT.—If the 
Secretary, upon investigation, determines that 
the provisions of this subsection have not been 
violated, the complainant shall have the right, 
within 30 days after receiving notice of the Sec-
retary’s determination, to file an action in his 
or her own behalf before the Commission, 
charging discrimination or interference in viola-
tion of paragraph (1). 
‘‘(C) HEARING AND DECISION.—The Com-
mission shall afford an opportunity for a hear-
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ing (in accordance with section 554 of title 5, 
United States Code, but without regard to sub-
section (a)(3) of such section), and thereafter 
shall issue an order, based upon findings of 
fact, dismissing or sustaining the complainant’s 
charges and, if the charges are sustained, 
granting such relief as it deems appropriate as 
described in paragraph (3)(D). Such order shall 
become final 30 days after its issuance. 
‘‘(5) BURDEN OF PROOF.—In adjudicating a 
complaint pursuant to this subsection, the Commis-
sion may determine that a violation of paragraph (1) 
has occurred only if the complainant demonstrates 
that any conduct described in paragraph (1) with re-
spect to the complainant was a contributing factor 
in the adverse action alleged in the complaint. A de-
cision or order that is favorable to the complainant 
shall not be issued pursuant to this subsection if the 
respondent demonstrates by clear and convincing 
evidence that the respondent would have taken the 
same adverse action in the absence of such conduct. 
‘‘(6) ATTORNEYS’ FEES.—Whenever an order is 
issued sustaining the complainant’s charges under 
this subsection, a sum equal to the aggregate 
amount of all costs and expenses, including attor-
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ney’s fees, as determined by the Commission to have 
been reasonably incurred by the complainant for, or 
in connection with, the institution and prosecution of 
such proceedings shall be assessed against the per-
son committing such violation. The Commission 
shall determine whether such costs and expenses 
were reasonably incurred by the complainant without 
reference to whether the Secretary also participated 
in the proceeding. 
‘‘(7) EXPEDITED PROCEEDINGS; JUDICIAL RE-
VIEW.—Proceedings under this subsection shall be 
expedited by the Secretary and the Commission. Any 
order issued by the Commission under this sub-
section shall be subject to judicial review in accord-
ance with section 106. Violations by any person of 
paragraph (1) shall be subject to the provisions of 
sections 108 and 110(a)(4). 
‘‘(8) 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. 
‘‘(9) SAVINGS.—Nothing in this subsection shall 
be construed to diminish the rights, privileges, or 
remedies of any employee who exercises rights under 
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any Federal or State law or common law, or under 
any collective bargaining agreement.’’. 
SEC. 402. PROTECTION FROM LOSS OF PAY. 
Section 111 (30 U.S.C. 821) is amended to read as 
follows: 
‘‘SEC. 111. ENTITLEMENT OF MINERS. 
‘‘(a) PROTECTION FROM LOSS OF PAY.— 
‘‘(1) WITHDRAWAL ORDER.—If a coal or other 
mine or area of such mine is closed by an order 
issued under section 103, 104, 107, 108, or 110 all 
miners who are idled by such order shall be entitled, 
regardless of the result of any review of such order, 
to full compensation by the operator at their regular 
rates of pay and in accordance with their regular 
schedules of pay for the entire period for which they 
are idled. 
‘‘(2) CLOSURE IN ADVANCE OF ORDER.—If the 
Secretary finds that such mine or such area of a 
mine was closed by the operator in anticipation of 
the issuance of such an order, all miners who are 
idled by such closure shall be entitled to full com-
pensation by the operator at their regular rates of 
pay and in accordance with their regular schedules 
of pay, from the time of such closure until such time 
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as the Secretary authorizes reopening of such mine 
or such area of the mine. 
‘‘(3) REFUSAL TO COMPLY.—Whenever an op-
erator violates or fails or refuses to comply with any 
order issued under section 103, 104, 107, 108, or 
110, all miners employed at the affected mine who 
would have been withdrawn from, or prevented from 
entering, such mine or area thereof as a result of 
such order shall be entitled to full compensation by 
the operator at their regular rates of pay, in addi-
tion to pay received for work performed after such 
order was issued, for the period beginning when 
such order was issued and ending when such order 
is complied with, vacated, or terminated. 
‘‘(b) ENFORCEMENT.— 
‘‘(1) COMMISSION
ORDERS.—The Commission 
shall have authority to order compensation due 
under this section upon the filing of a complaint by 
a miner or his representative and after opportunity 
for hearing subject to section 554 of title 5, United 
States Code. Whenever the Commission issues an 
order sustaining the complaint under this subsection 
in whole or in part, the Commission shall award the 
complainant reasonable attorneys’ fees and costs. 
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‘‘(2) FAILURE TO PAY COMPENSATION DUE.— 
Consistent with the authority of the Secretary to 
order miners withdrawn from a mine under this Act, 
the Secretary shall order a mine that has been sub-
ject to a withdrawal order under section 103, 104, 
107, 108, or 110, and has reopened, to be closed 
again if compensation in accordance with the provi-
sions of this section is not paid by the end of the 
next regularly scheduled payroll period following the 
lifting of a withdrawal order.’’. 
SEC. 403. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD. 
The Federal Mine Safety and Health Act of 1977 is 
further amended by adding at the end of title I the fol-
lowing: 
‘‘SEC. 117. UNDERGROUND COAL MINER EMPLOYMENT 
STANDARD. 
‘‘(a) IN GENERAL.—An operator of an underground 
coal mine may not discharge or constructively discharge 
a miner who is paid on an hourly basis and employed at 
an underground coal mine without reasonable job-related 
grounds based on a failure to satisfactorily perform job 
duties, including compliance with this Act and with man-
datory health and safety standards or other regulations 
issued under this Act, or other legitimate business reason, 
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where the miner has completed the employer’s proba-
tionary period, not to exceed 6 months. 
‘‘(b) CAUSE OF ACTION.—A miner aggrieved by a 
violation of subsection (a) may file a complaint in Federal 
district court in the district where the mine is located 
within 1 year of such violation. 
‘‘(c) REMEDIES.—In an action under subsection (b), 
for any prevailing miner the court shall take affirmative 
action to further the purposes of the Act, which may in-
clude reinstatement with backpay and compensatory dam-
ages. Reasonable attorneys’ fees and costs shall be award-
ed to any prevailing miner under this section. 
‘‘(d) PRE-DISPUTE WAIVER PROHIBITED.—A min-
er’s right to a cause of action under this section may not 
be waived with respect to disputes that have not arisen 
as of the time of the waiver. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
be construed to limit the availability of rights and rem-
edies of miners under any other State or Federal law or 
a collective bargaining agreement.’’. 
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TITLE 
V—MODERNIZING 
HEALTH AND SAFETY STAND-
ARDS 
SEC. 501. PRE-SHIFT REVIEW OF MINE CONDITIONS. 
Section 303(d) (30 U.S.C. 863(d)) is amended by 
adding at the end the following: 
‘‘(3)(A) Not later than 30 days after the issuance of 
the interim final rules promulgated under subparagraph 
(C), each operator of an underground coal mine shall im-
plement a communication program at the underground 
coal mine to ensure that each miner entering the mine 
is made aware, at the start of such miner’s shift, of the 
current conditions of the mine, including— 
‘‘(i) any conditions that are hazardous or that 
violate a mandatory health or safety standard or a 
plan approved under this Act; and 
‘‘(ii) the general conditions of that miner’s as-
signed working section or other area. 
‘‘(B) In an effort to facilitate the communications de-
scribed in subparagraph (A), each agent of the operator 
who is responsible for ensuring the safe and healthful 
working conditions at the mine, including mine foremen, 
assistant mine foremen, and mine examiners, shall, upon 
exiting the mine or workplace, verbally communicate with 
any oncoming agent replacing the exiting agent on duty 
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in order to update the oncoming agent on the conditions 
the exiting agent observed during the exiting agent’s shift, 
including any conditions that are hazardous or that violate 
a mandatory health or safety standard or a plan approved 
under this Act. Such communications process shall be 
completed prior to the start of each shift at the mine and 
recorded in a book designated for that purpose and avail-
able for inspection by all interested parties. In the event 
the mine operation is idle prior to the start of any shift, 
the oncoming agent of the operator shall meet with the 
individual who was responsible for examining the mine to 
obtain the necessary information. 
‘‘(C) Not later than 90 days after the date of enact-
ment of the Miner Safety and Health Act of 2010, the 
Secretary shall promulgate interim final rules imple-
menting the requirements of subparagraphs (A) and 
(B).’’. 
SEC. 502. ROCK DUST STANDARDS. 
(a) STANDARDS.—Section 304(d) (30 U.S.C. 864(d)) 
is amended— 
(1) by striking ‘‘Where rock’’ and inserting the 
following: ‘‘ROCK DUST.— 
‘‘(1) IN GENERAL.—Where rock’’; 
(2) by striking ‘‘65 per centum’’ and all that 
follows and inserting ‘‘80 percent. Where methane is 
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present in any ventilating current, the percentage of 
incombustible content of such combined dusts shall 
be increased 0.4 percent for each 0.1 percent of 
methane.’’; and 
(3) by adding at the end the following: 
‘‘(2) METHODS OF MEASUREMENT.— 
‘‘(A) IN GENERAL.—Each operator of an 
underground coal mine shall take accurate sam-
ples of the amount of coal dust, including float 
coal dust deposited on rock-dusted surfaces, 
loose coal, and other combustible materials in 
the active workings of such mines, to ensure 
that the coal dust is kept below explosive levels 
through the appropriate application of rock 
dusting. 
‘‘(B) DIRECT
READING
MONITORS.—By 
the later of June 15, 2011, or the date that is 
30 days after the Secretary of Health and 
Human Services has certified in writing that di-
rect reading monitors are commercially avail-
able to measure total incombustible content in 
coal dust and the Department of Labor has ap-
proved such monitors for use in underground 
coal mines, the Secretary shall require opera-
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tors to take coal dust samples using direct 
reading monitors. 
‘‘(C) REGULATIONS.—The Secretary shall, 
not later than 180 days after the date of enact-
ment of the Miner Safety and Health Act of 
2010, promulgate an interim final rule that pre-
scribes methods for sampling of total incombus-
tible content of coal dust using direct reading 
monitors and includes requirements for loca-
tions, methods, and intervals for mandatory op-
erator sampling. 
‘‘(D) RECOMMENDATIONS.—Not later than 
1 year after the date of enactment of the Miner 
Safety and Health Act of 2010, the Secretary 
of Health and Human Services shall, based 
upon the latest research, recommend to the 
Secretary of Labor any revisions to the manda-
tory operator sampling locations, methods, and 
intervals included in the interim final rule de-
scribed in subparagraph (B) that may be war-
ranted in light of such research.’’. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Health and 
Human Services, in consultation with the Secretary of 
Labor, shall prepare and submit, to the Committee on 
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Education and Labor of the House of Representatives and 
the Committee on Health, Education, Labor, and Pen-
sions of the Senate, a report— 
(1) regarding whether any direct reading device 
described in section 304(d)(2)(B) of the Federal 
Mine Safety and Health Act of 1977 (30 U.S.C. 
864(d)(2)(B)) is sufficiently reliable and accurate 
for the enforcement of the mandatory health or safe-
ty standards by the Secretary of Labor under such 
Act, and whether additional improvement to such di-
rect reading device, or additional verification regard-
ing reliability and accuracy, would be needed for en-
forcement purposes; and 
(2) identifying any limitations or impediments 
for such use in underground coal mines. 
SEC. 503. ATMOSPHERIC MONITORING SYSTEMS. 
Section 317 (30 U.S.C. 877) is amended by adding 
at the end the following: 
‘‘(u) ATMOSPHERIC MONITORING SYSTEMS.— 
‘‘(1) NIOSH RECOMMENDATIONS.—Not later 
than 6 months after the date of enactment of the 
Miner Safety and Health Act of 2010, the Director 
of the National Institute for Occupational Safety 
and Health, acting through the Office of Mine Safe-
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ty and Health Research, shall issue recommenda-
tions to the Secretary regarding— 
‘‘(A) how to ensure that atmospheric moni-
toring systems are utilized in the underground 
coal mining industry to maximize the health 
and safety of underground coal miners; and 
‘‘(B) the implementation of redundant sys-
tems, such as the bundle tubing system, that 
can continuously monitor the mine atmosphere 
following incidents such as fires, explosions, en-
trapments, and inundations. 
‘‘(2) ATMOSPHERIC MONITORING SYSTEM REG-
ULATIONS.—Not later than 270 days following the 
receipt of the recommendations described in para-
graph (1), the Secretary shall promulgate regula-
tions requiring that each operator of an under-
ground coal mine install atmospheric monitoring sys-
tems, consistent with such recommendations, that— 
‘‘(A) protect miners where the miners nor-
mally work and travel; 
‘‘(B) provide real-time information regard-
ing methane and carbon monoxide levels, and 
airflow direction, as appropriate, with sensing, 
annunciating, and recording capabilities; and 
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‘‘(C) can, to the maximum extent prac-
ticable, withstand explosions and fires.’’. 
SEC. 504. TECHNOLOGY RELATED TO RESPIRABLE DUST. 
Section 202(d) (30 U.S.C. 842(d)) is amended— 
(1) by striking ‘‘of Health and Human Serv-
ices’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘Not later than 2 years after the 
date of enactment of the Miner Safety and Health 
Act of 2010, the Secretary shall promulgate final 
regulations that require operators, beginning on the 
date such regulations are issued, to provide coal 
miners with the maximum feasible protection from 
respirable dust, including coal and silica dust, that 
is achievable through environmental controls.’’. 
SEC. 505. REFRESHER TRAINING ON MINER RIGHTS AND 
RESPONSIBILITIES. 
(a) IN GENERAL.—Section 115(a)(3) (30 U.S.C. 
825(a)(3)) is amended to read as follows: 
‘‘(3) all miners shall receive not less than 9 
hours of refresher training not less frequently than 
once every 12 months, and such training shall in-
clude one hour of training on the statutory rights 
and responsibilities of miners and their representa-
tives under this Act and other applicable Federal 
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and State law, pursuant to a program of instruction 
developed by the Secretary and delivered by an em-
ployee of the Administration or by a trainer ap-
proved by the Administration that is a party inde-
pendent from the operator;’’. 
(b) TIMING OF INITIAL STATUTORY RIGHTS TRAIN-
ING.—Notwithstanding section 115 of the Federal Mine 
Safety and Health Act (as amended by subsection (a)) (30 
U.S.C. 825) or the health and safety training program ap-
proved under such section, an operator shall ensure that 
all miners already employed by the operator on the date 
of enactment of this Act shall receive the one hour of stat-
utory rights and responsibilities training described in sec-
tion 115(a)(3) of such Act not later than 180 days after 
such date. 
SEC. 506. AUTHORITY TO MANDATE ADDITIONAL TRAINING. 
(a) IN GENERAL.—Section 115 (30 U.S.C. 825) is 
further amended by redesignating subsection (e) as sub-
section (f) and inserting after subsection (d) the following: 
‘‘(e) AUTHORITY TO MANDATE ADDITIONAL TRAIN-
ING.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to issue an order requiring that an operator of a 
coal or other mine provide additional training be-
yond what is otherwise required by law, and speci-
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fying the time within which such training shall be 
provided, if the Secretary finds that— 
‘‘(A)(i) a serious or fatal accident has oc-
curred at such mine; or 
‘‘(ii) such mine has experienced accident 
and injury rates, citations for violations of this 
Act (including mandatory health or safety 
standards or regulations promulgated under 
this Act), citations for significant and substan-
tial violations, or withdrawal orders issued 
under this Act at a rate above the average for 
mines of similar size and type; and 
‘‘(B) additional training would benefit the 
health and safety of miners at the mine. 
‘‘(2) WITHDRAWAL
ORDER.—If the operator 
fails to provide training ordered under paragraph 
(1) within the specified time, the Secretary shall 
issue an order requiring such operator to cause all 
affected persons, except those persons referred to in 
section 104(c), to be withdrawn, and to be prohib-
ited from entering such mine, until such operator 
has provided such training.’’. 
(b) CONFORMING AMENDMENTS.—Section 104(g)(2) 
(30 U.S.C. 814(g)(2)) is amended by striking ‘‘under 
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paragraph (1)’’ both places it appears and inserting 
‘‘under paragraph (1) or under section 115(e)’’. 
SEC. 507. CERTIFICATION OF PERSONNEL. 
(a) IN GENERAL.—Title I is further amended by add-
ing at the end the following: 
‘‘SEC. 118. CERTIFICATION OF PERSONNEL. 
‘‘(a) CERTIFICATION REQUIRED.—Any person who is 
authorized or designated by the operator of a coal or other 
mine to perform any duties or provide any training that 
this Act, including a mandatory health or safety standard 
or regulation promulgated pursuant to this Act, requires 
to be performed or provided by a certified, registered, 
qualified, or otherwise approved person, shall be permitted 
to perform such duties or provide such training only if 
such person has a current certification, registration, quali-
fication, or approval to perform such duties or provide 
such training consistent with the requirements of this sec-
tion. 
‘‘(b) ESTABLISHMENT OF CERTIFICATION REQUIRE-
MENTS AND PROCEDURES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Miner Safety and 
Health Act of 2010, the Secretary shall issue man-
datory standards to establish— 
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‘‘(A) requirements for such certification, 
registration, qualification, or other approval, in-
cluding the experience, examinations, and ref-
erences that may be required as appropriate; 
‘‘(B) time limits for such certifications and 
procedures for obtaining and renewing such cer-
tification, registration, qualification, or other 
approval; and 
‘‘(C) procedures and criteria for revoking 
such certification, registration, qualification, or 
other approval, including procedures that en-
sure that the Secretary responds to requests for 
revocation. 
‘‘(2) COORDINATION WITH STATES.—In devel-
oping such standards, the Secretary shall consult 
with States that have miner certification programs 
to ensure effective coordination with existing State 
standards and requirements for certification. The 
standards required under paragraph (1) may provide 
that the certification, registration, qualification, or 
other approval of the State in which the coal or 
other mine is located satisfies the requirement of 
subsection (a) if the State’s program of certification, 
registration, qualification, or other approval is no 
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less stringent than the standards established by the 
Secretary under paragraph (1). 
‘‘(c) OPERATOR FEES FOR CERTIFICATION.— 
‘‘(1) ASSESSMENT
AND
COLLECTION.—Begin-
ning 180 days after the date of enactment of the 
Miner Safety and Health Act of 2010, the Secretary 
shall assess and collect fees, in accordance with this 
subsection, from each operator for each person cer-
tified under this section. Fees shall be assessed and 
collected in amounts determined by the Secretary as 
necessary to fund the certification programs estab-
lished under this section. 
‘‘(2) MINE
SAFETY
AND
HEALTH
CERTIFI-
CATION FUND.—There is established in the Treasury 
of the United States a separate account for the de-
posit of fees collected under this subsection to be 
known as the Mine Safety and Health Certification 
Fund. The Secretary shall deposit any fees collected 
pursuant to paragraph (1) into the fund. 
‘‘(3) USE.—Amounts in the Mine Safety and 
Health Certification Fund shall be available to the 
Secretary, as provided in paragraph (4), for making 
expenditures to carry out the certification programs 
established under this subsection. 
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‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—In 
addition to funds appropriated under section 114, 
there is authorized to be appropriated from the Mine 
Safety and Health Certification Fund to the Assist-
ant Secretary for Mine Safety and Health for each 
fiscal year in which fees are collected under para-
graph (1) an amount equal to the total amount col-
lected during the previous fiscal year from fees as-
sessed pursuant to this subsection. Such amounts 
are authorized to remain available until expended. 
‘‘(5) CREDITING AND AVAILABILITY OF FEES.— 
Fees authorized and collected under this subsection 
shall be available for obligation only to the extent 
and in the amount provided in advance in appropria-
tions Acts. 
‘‘(d) CITATION; WITHDRAWAL ORDER.—Any oper-
ator who permits a person to perform any of the health 
or safety related functions described in subsection (a) 
without a current certification which meets the require-
ments of this section shall be considered to have com-
mitted an unwarrantable failure under section 104(d)(1), 
and the Secretary shall issue an order requiring that the 
miner be withdrawn or reassigned to duties that do not 
require such certification.’’. 
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(b) CONFORMING AMENDMENTS.—Section 318 (30 
U.S.C. 878) is amended— 
(1) by striking subsections (a) and (b); 
(2) in subsection (c), by redesignating para-
graphs (1) through (3) as subparagraphs (A) 
through (C), respectively; 
(3) in subsection (g), by redesignating para-
graphs (1) through (4) as subparagraphs (A) 
through (D), respectively; and 
(4) by redesignating subsections (c) through (j) 
as paragraphs (1) through (8), respectively. 
TITLE VI—ADDITIONAL MINE 
SAFETY PROVISIONS 
SEC. 601. DEFINITIONS. 
(a) DEFINITION
OF OPERATOR.—Section 3(d) is 
amended to read as follows: 
‘‘(d) ‘operator’ means— 
‘‘(1) any owner, lessee, or other person that— 
‘‘(A) operates or supervises a coal or other 
mine; or 
‘‘(B) controls such mine by making or hav-
ing the authority to make management or oper-
ational decisions that affect, directly or indi-
rectly, the health or safety at such mine; or 
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‘‘(2) any independent contractor performing 
services or construction at such mine;’’. 
(b) DEFINITION OF AGENT.—Section 3(e) (30 U.S.C. 
802(e)) is amended by striking ‘‘the miners’’ and inserting 
‘‘any miner’’. 
(c) DEFINITION OF MINER.—Section 3(g) (30 U.S.C. 
802(g)) is amended by inserting after ‘‘or other mine’’ the 
following: ‘‘, and includes any individual who is not cur-
rently working in a coal or other mine but would be cur-
rently working in such mine, but for an accident in such 
mine’’. 
(d) DEFINITION OF SIGNIFICANT AND SUBSTANTIAL 
VIOLATIONS.—Section 3 (30 U.S.C. 802) is further 
amended— 
(1) in subsection (m), by striking ‘‘and’’ after 
the semicolon; 
(2) in subsection (n), by striking the period at 
the end and inserting a semicolon; 
(3) in subsection (o), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(p) ‘significant and substantial violation’ means a 
violation of this Act, including any mandatory health or 
safety standard or regulation promulgated under this Act, 
that is of such nature as could significantly and substan-
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tially contribute to the cause and effect of a coal or other 
mine safety or health hazard as described in section 
104(d).’’. 
SEC. 602. ASSISTANCE TO STATES. 
Section 503 (30 U.S.C. 953(a)) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, in coordination with the Sec-
retary of Health, Education, and Welfare and 
the Secretary of the Interior,’’; 
(B) in paragraph (2), by striking ‘‘and’’ 
after the semicolon; 
(C) in paragraph (3), by striking the pe-
riod and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) to assist such State in developing and im-
plementing any certification program for coal or 
other mines required for compliance with section 
118.’’; and 
(2) in subsection (h), by striking ‘‘$3,000,000 
for fiscal year 1970, and $10,000,000 in each suc-
ceeding fiscal year’’ and inserting ‘‘$20,000,000 for 
each fiscal year’’. 
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SEC. 603. BLACK LUNG MEDICAL REPORTS. 
Title IV of the Black Lung Benefits Act (30 U.S.C. 
901 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 435. MEDICAL REPORTS. 
‘‘In any claim for benefits for a miner under this title, 
an operator that requires a miner to submit to a medical 
examination regarding the miner’s respiratory or pul-
monary condition shall, not later than 14 days after the 
miner has been examined, deliver to the claimant a com-
plete copy of the examining physician’s report. The exam-
ining physician’s report shall be in writing and shall set 
out in detail the examiner’s findings, including any diag-
noses and conclusions and the results of any diagnostic 
imaging techniques and tests that were performed on the 
miner.’’. 
TITLE 
VII—AMENDMENTS 
TO 
THE OCCUPATIONAL SAFETY 
AND HEALTH ACT 
SEC. 701. 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-
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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 ‘‘such proceeding or because of 
the exercise’’ and inserting the following: ‘‘before 
Congress or in any Federal or State proceeding re-
lated 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 
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)(A) No person shall discharge, or cause to be dis-
charged, or in any manner discriminate against, or cause 
to be discriminated against, an employee for refusing to 
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perform the employee’s duties if the employee has a rea-
sonable apprehension that performing such duties would 
result in serious injury to, or serious impairment of the 
health of, the employee or other employees. 
‘‘(B) For purposes of subparagraph (A), the cir-
cumstances causing the employee’s good-faith belief that 
performing such duties would pose a safety or health haz-
ard shall be of such a nature that a reasonable person, 
under the circumstances confronting the employee, would 
conclude that there is such a hazard. In order to qualify 
for protection under this paragraph, the employee, when 
practicable, shall have communicated or attempted to com-
municate the safety or health concern to the employer and 
have not received from the employer a response 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.— 
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‘‘(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. 
‘‘(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; 
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‘‘(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; 
‘‘(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— 
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‘‘(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-
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 
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or denying relief issued under para-
graph 5(D) 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 
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. 
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‘‘(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 
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 
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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 
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) 
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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-
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.— 
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‘‘(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 
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.— 
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‘‘(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. 
‘‘(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 
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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 
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 
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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 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-
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 
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‘‘(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-
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. 
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‘‘(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— 
‘‘(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 
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‘‘(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)’’. 
SEC. 702. 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-
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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). 
‘‘(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 
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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 
‘‘(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— 
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‘‘(A) MOTION FOR A STAY.—An employer 
may file with the Commission a motion to stay 
a period for the correction of a violation des-
ignated as serious, willful, or repeated. 
‘‘(B) CRITERIA.—In determining whether 
a stay should be issued on the basis of a motion 
filed under subparagraph (A), the Commission 
shall consider whether— 
‘‘(i) the employer has demonstrated a 
substantial likelihood of success on its con-
test to the citation; 
‘‘(ii) the employer will suffer irrep-
arable harm absent a stay; and 
‘‘(iii) a stay will adversely affect 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 
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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. 
‘‘(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 
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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. 
‘‘(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. 704. CONFORMING AMENDMENTS. 
(a) SECTION 17.—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 
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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. 705. 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)— 
(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 shall consider the employer’s history 
of violations under this Act and under State oc-
cupational safety and health plans established 
under section 18. If such a willful or repeated 
violation caused or contributed to the death of 
an employee, such civil penalty amounts shall 
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be increased to not more than $250,000 for 
each such violation, but not less than $50,000 
for each such violation, except that for an em-
ployer with 25 or fewer employees 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 
$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 (l) 
as subsections (f) through (m), respectively; and 
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(6) in subsection (j) (as redesignated by para-
graph (5)), 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.’’. 
SEC. 706. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Section 17 (29 U.S.C. 666) (as 
amended by section 705) is further amended— 
(1) by amending subsection (f) to read as fol-
lows: 
‘‘(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 contributed to the death of 
any employee, shall, upon conviction, be punished by a fine 
in accordance with title 18, United States Code, or by im-
prisonment for not more than 10 years, or both, except 
that if the conviction is for a violation committed after 
a first conviction of such person under this subsection or 
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upon conviction, be punished by a fine in accordance with 
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 title 18, United 
States Code, or by imprisonment for not more than 10 
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. 
‘‘(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.—Section 17 (29 U.S.C. 
666) (as amended by section 705 and subsection (a)) is 
further amended by adding at the end the following: 
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100 
‘‘(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. 707. PENALTIES. 
Section 17(n) (as redesignated by section 706(a)(4)) 
(29 U.S.C. 666(n)) is amended by adding at the end the 
following: ‘‘Pre-final order interest on such penalties shall 
begin to 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 
calculated 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.’’. 
SEC. 708. EFFECTIVE DATE. 
(a) GENERAL RULE.—Except as provided for in sub-
section (b), this title and the amendments made by this 
title 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.—A State that has a State plan approved under 
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101 
section 18 (29 U.S.C. 667) shall amend its State plan to 
conform with the requirements of this Act and the amend-
ments 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 period 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. 
Æ 
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