I 
112TH CONGRESS 
1ST SESSION 
H. R. 190 
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 
JANUARY 5, 2011 
Ms. WOOLSEY (for herself, Mr. GEORGE MILLER of California, and Ms. 
HIRONO) introduced the following bill; which was referred to the Com-
mittee 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’’. 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
(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. Posting of employee rights. 
Sec. 302. Employer reporting of work-related deaths and hospitalizations and 
prohibition on discouraging employee reports of injury or ill-
ness. 
Sec. 303. No loss of employee pay for inspections. 
Sec. 304. Investigations of fatalities and significant incidents. 
Sec. 305. Prohibition on unclassified citations. 
Sec. 306. Victims’ rights. 
Sec. 307. Right to contest citations and penalties. 
Sec. 308. Correction of serious, willful, or repeated violations pending contest 
and procedures for a stay. 
Sec. 309. Conforming amendments. 
Sec. 310. Civil penalties. 
Sec. 311. Criminal penalties. 
Sec. 312. Prejudgment interest. 
TITLE IV—STATE PLANS 
Sec. 401. Concurrent enforcement authority and review of State occupational 
safety and health 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. 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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.).’’. 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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-
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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. 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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; 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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-
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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-
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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. 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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 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-
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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-
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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— 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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. POSTING OF EMPLOYEE RIGHTS. 
Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by 
adding at the end the following new sentence: ‘‘Such regu-
lations shall include provisions requiring employers to post 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
for employees information on the protections afforded 
under section 11(c).’’. 
SEC. 302. EMPLOYER REPORTING OF WORK-RELATED 
DEATHS AND HOSPITALIZATIONS AND PROHI-
BITION ON DISCOURAGING EMPLOYEE RE-
PORTS OF INJURY OR ILLNESS. 
Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by 
adding at the end the following new sentences: ‘‘Such reg-
ulations 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 employee for medical treatment. Such regulations shall 
also prohibit the employer from adopting or implementing 
policies or practices by the employer that have the effect 
of discouraging accurate recordkeeping and the reporting 
of work-related injuries or illnesses by any employee or 
in any manner discriminates or provides for adverse action 
against any employee for reporting a work-related injury 
or illness.’’ 
SEC. 303. 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-
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
ditions of employment for having participated in or aided 
any such inspection.’’. 
SEC. 304. 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) APPROPRIATE MEASURES.—If a significant inci-
dent 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-
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. If an employer takes 
such action, the employer shall notify the Secretary of the 
action in a timely fashion. 
‘‘(3) DEFINITIONS.—In this subsection: 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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. 305. 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.’’. 
SEC. 306. 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-
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
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). 
‘‘(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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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 
‘‘(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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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 
‘‘(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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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. 307. 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 
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 
VerDate Mar 15 2010 
23:22 Jan 11, 2011
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H190.IH
H190
srobinson on DSKHWCL6B1PROD with BILLS