I 
110TH CONGRESS 
1ST SESSION H. R. 2049 
To amend the Occupational Safety and Health Act of 1970 to expand cov-
erage under the Act, to increase protections for whistleblowers, to in-
crease penalties for certain violators, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2007 
Ms. WOOLSEY (for herself, Mr. GEORGE MILLER of California, Mr. KILDEE, 
Mr. PAYNE, Mr. TIERNEY, Mr. HOLT, Ms. LINDA T. SA´NCHEZ of Cali-
fornia, Mr. LOEBSACK, Mr. HARE, Ms. SHEA-PORTER, Mr. ENGEL, Mr. 
MCDERMOTT, and Mr. DOYLE) introduced the following bill; which was 
referred to the Committee on Education and Labor 
A BILL 
To amend the Occupational Safety and Health Act of 1970 
to expand coverage under the Act, to increase protections 
for whistleblowers, to increase penalties for certain viola-
tors, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting America’s 
Workers Act’’. 
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SEC. 2. REFERENCES. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.). 
TITLE I—COVERAGE AND 
APPLICATION OF ACT 
SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 
(a) IN GENERAL.—Section 3(5) (29 U.S.C. 652(5)) 
is amended by striking ‘‘but does not include’’ and all that 
follows and inserting ‘‘including the United States, a 
State, or a political subdivision of a State.’’. 
(b) CONSTRUCTION.—Nothing in this Act shall be 
construed to affect the application of section 18 of the Oc-
cupational Safety and Health Act of 1970 (29 U.S.C. 
667). 
SEC. 102. APPLICATION OF ACT. 
Section 4(b) (29 U.S.C. 653(b)(1)) is amended— 
(1) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (5), (6), and (7), respectively; and 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) If a Federal agency has promulgated and is en-
forcing a standard or regulation affecting occupational 
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safety or health of some or all of the employees within 
that agency’s regulatory jurisdiction, and the Secretary 
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 
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the matter involved and shall, within 90 days after receipt 
of the petition, publish a decision with respect to the peti-
tion in the Federal Register. 
‘‘(3) Any person who may be adversely affected by— 
‘‘(A) a decision of the Secretary certifying that 
the Secretary has ceded jurisdiction to another Fed-
eral agency pursuant to paragraph (1); or 
‘‘(B) a decision of the Secretary denying a peti-
tion to rescind such a certification notice under 
paragraph (1), 
may, not later than 60 days after such decision is pub-
lished in the Federal Register, file a petition challenging 
such decision with the United States court of appeals for 
the circuit in which such person resides or such person 
has a principal place of business, for judicial review of 
such decision. A copy of the petition shall be forthwith 
transmitted by the clerk of the court to the Secretary. The 
Secretary’s decision shall be set aside if found to be arbi-
trary, capricious, an abuse of discretion, or otherwise not 
in accordance with law. 
‘‘(4) Nothing in this Act shall apply to working condi-
tions covered by the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 801 et seq.).’’. 
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TITLE II—INCREASING PROTEC-
TIONS 
FOR 
WHISTLE-
BLOWERS 
SEC. 201. EMPLOYEE ACTIONS. 
Section 11(c)(1) (29 U.S.C. 660(c)(1)) is amended 
by inserting before the period at the end the following: 
‘‘, including reporting any injury, illness, or unsafe condi-
tion to the employer, agent of the employer, safety and 
health committee involved, or employee safety and health 
representative involved’’. 
SEC. 202. PROHIBITION OF DISCRIMINATION. 
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing paragraph (2) and inserting the following: 
‘‘(2) No person shall discharge or in any manner dis-
criminate against an employee for refusing to perform the 
employee’s duties if the employee has a reasonable appre-
hension that performing such duties would result in seri-
ous injury to, or serious impairment of the health of, the 
employee or other employees. The circumstances causing 
the employee’s apprehension of serious injury or serious 
impairment of health shall be of such a nature that a rea-
sonable person, under the circumstances confronting the 
employee, would conclude that there is a bona fide danger 
of a serious injury, or serious impairment of health, result-
ing from the circumstances. In order to qualify for protec-
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tion under this paragraph, the employee, when practicable, 
shall have sought from the employee’s employer, and have 
been unable to obtain, a correction of the circumstances 
causing the refusal to perform the employee’s duties.’’. 
SEC. 203. PROCEDURE. 
Section 11(c) (29 U.S.C. 660(c)) is amended by strik-
ing paragraph (3) and inserting the following: 
‘‘(3) Any employee who believes that the employee 
has been discharged, disciplined, or otherwise discrimi-
nated against by any person in violation of paragraph (1) 
or (2) may, within 180 days after such alleged violation 
occurs, file (or have filed by any person on the employee’s 
behalf) a complaint with the Secretary alleging that such 
discharge or discrimination violates paragraph (1) or (2). 
Upon receipt of such a complaint, the Secretary shall no-
tify the person named in the complaint (referred to in this 
subsection as the ‘respondent’) of the filing of the com-
plaint. 
‘‘(4)(A)(i) Not later than 60 days after the receipt 
of a complaint filed under paragraph (3), the Secretary 
shall conduct an investigation and determine whether 
there is reasonable cause to believe that the complaint has 
merit. During the investigation, the Secretary shall notify 
the respondent of the charges made in the complaint, and 
shall provide such person with an opportunity to meet with 
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the inspector conducting the investigation, to submit a re-
sponse to such charges, and to present witnesses to rebut 
such charges. The Secretary shall also consider the result 
of any grievance proceeding provided for in a collective 
bargaining agreement, that may have been held with re-
spect to such charges. Upon completion of the investiga-
tion, the Secretary shall issue findings and notify the com-
plainant and the respondent of the Secretary’s findings. 
If the Secretary has concluded that there is reasonable 
cause to believe that a violation has occurred, the Sec-
retary’s findings shall be accompanied by a preliminary 
order providing the relief prescribed by subparagraph (B). 
‘‘(ii)(I) Not later than 30 days after the Secretary 
has issued findings under clause (i), either the respondent 
or the complainant may file objections to the findings or 
preliminary order, and request a hearing on the record, 
except that the filing of such objections shall not operate 
to stay any reinstatement remedy contained in the prelimi-
nary order. 
‘‘(II) If a hearing described in subclause (I) is not 
requested in the 30-day period described in such subclause 
with respect to a preliminary order, the order shall be 
deemed to be a final order and not subject to judicial re-
view. 
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‘‘(iii) If the Secretary does not issue findings under 
clause (i) with respect to a complaint within 90 days after 
the receipt of the complaint, the complainant may request 
a hearing on the record on the complaint. 
‘‘(iv) The Secretary shall expeditiously conduct a 
hearing requested under clause (ii) or (iii). Upon the con-
clusion of such hearing, the Secretary shall issue a final 
order within 120 days. Until the issuance of a final order, 
such hearing may be terminated at any time on the basis 
of a settlement agreement entered into by the Secretary, 
the complainant, and the respondent. 
‘‘(B)(i) If, in response to a complaint filed under 
paragraph (3), the Secretary determines that a violation 
of paragraph (1) or (2) has occurred, in issuing an order 
under subparagraph (A)(iv), the Secretary shall require— 
‘‘(I) the person who committed such violation to 
correct the violation; 
‘‘(II) such person to reinstate the complainant 
to the complainant’s former position together with 
the compensation (including backpay), terms, condi-
tions, and privileges of the complainant’s employ-
ment; and 
‘‘(III) such person to pay compensatory dam-
ages. 
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‘‘(ii) On issuing an order requiring a remedy de-
scribed in clause (i), the Secretary, at the request of the 
complainant, may assess against the person against whom 
the order is issued a sum equal to the aggregate amount 
of all costs and expenses (including attorney’s fees) rea-
sonably incurred, as determined by the Secretary, by the 
complainant for, or in connection with a complaint upon 
which the order was issued. 
‘‘(5)(A) Any person adversely affected or aggrieved 
by an order issued after a hearing conducted under para-
graph (4)(A) may obtain review of the order in the United 
States Court of Appeals for the circuit in which the viola-
tion, with respect to which the order was issued, allegedly 
occurred, or the circuit in which such person resided on 
the date of such violation. The petition for review shall 
be filed within 60 days after the issuance of the Sec-
retary’s order. Such review shall be conducted in accord-
ance with the provisions of chapter 7 of title 5, United 
States Code. The court shall conduct the review and issue 
a decision expeditiously. 
‘‘(B) If a person fails to comply with an order issued 
under paragraph (4)(A), the Secretary shall file a civil ac-
tion in the United States district court for the district in 
which the violation was found to occur in order to enforce 
such order. In actions brought under this subparagraph, 
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the district court shall have jurisdiction to grant all appro-
priate relief, including injunctive relief, reinstatement, and 
compensatory damages. 
‘‘(6) The legal burdens of proof set forth in section 
1221(e) of title 5, United States Code, shall govern adju-
dication of violations under this subsection.’’. 
SEC. 204. RELATION TO ENFORCEMENT. 
Section 17(j) (29 U.S.C. 666(j)) is amended by in-
serting before the period the following: ‘‘, including the 
history of violations, under section 11(c)’’. 
TITLE III—INCREASING 
PENALTIES FOR VIOLATORS 
SEC. 301. POSTING OF EMPLOYEE RIGHTS. 
Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by 
adding at the end the following new sentence: ‘‘Such regu-
lations shall include provisions requiring employers to post 
for employees information on the protections afforded 
under section 11(c).’’. 
SEC. 302. INVESTIGATIONS OF FATALITIES AND SERIOUS 
INCIDENTS. 
Section 8 (29 U.S.C. 657) is amended by adding at 
the end the following new subsection: 
‘‘(i)(1) The Secretary shall investigate any incident 
resulting in death or serious incident, that occurs in a 
place of employment covered by this Act. 
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‘‘(2) If an incident resulting in death or serious inci-
dent occurs in a place of employment covered by this Act, 
the employer shall notify the Secretary of the incident in-
volved and shall take appropriate measures to prevent the 
destruction or alteration of any evidence that would assist 
in investigating the incident. The appropriate measures re-
quired by this paragraph do not prevent an employer from 
taking action on a worksite to prevent injury to employees 
or substantial damage to property. If an employer takes 
such action, the employer shall notify the Secretary of the 
action in a timely fashion. 
‘‘(3) In this subsection: 
‘‘(A) INCIDENT
RESULTING
IN
DEATH.—The 
term ‘incident resulting in death’ means an incident 
that results in the death of an employee. 
‘‘(B) SERIOUS
INCIDENT.—The term ‘serious 
incident’ means an incident that results in the hos-
pitalization of 2 or more employees.’’. 
SEC. 303. PROHIBITION ON UNCLASSIFIED CITATIONS. 
Section 9 (29 U.S.C. 658) is amended by adding at 
the end the following: 
‘‘(d) The Secretary may not designate a citation 
issued under this section as an unclassified citation.’’. 
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SEC. 304. VICTIMS’ RIGHTS. 
The Act is amended by inserting after section 9 (29 
U.S.C. 658) the following: 
‘‘SEC. 9A. VICTIM’S RIGHTS. 
‘‘(a) DEFINITION.—In this section, the term ‘victim’ 
means— 
‘‘(1) an employee who has sustained a work-re-
lated injury or illness that is the subject of an in-
spection or investigation conducted under section 8, 
or 
‘‘(2) a family member of an employee, if— 
‘‘(A) the employee is killed as a result of 
a work-related injury or illness that is the sub-
ject of an inspection or investigation conducted 
under section 8; or 
‘‘(B) the employee sustains a work-related 
injury or illness that is the subject of an inspec-
tion or investigation conducted under section 8, 
and the employee cannot reasonably exercise 
the employee’s rights under this section. 
‘‘(b) RIGHTS.—On request, a victim shall be afforded 
the right, with respect to a work-related injury or illness 
(including a death resulting from a work-related injury or 
illness) involving an employee, to— 
‘‘(1) meet with the Secretary, or an authorized 
representative of the Secretary, regarding the in-
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