Improving Worker Safety in Contracting Act of 2021
Bill: S.2314 | Sponsor: Sen. Warren, Elizabeth (D-MA)
Policy area: Armed Forces and National Security

Summary:
Improving Worker Safety in Contracting Act of 2021
This bill requires the Department of Defense (DOD) to develop and provide annual training and guidance to acquisition officials, contracting officers, and current and potential contractors. Such training must include information regarding (1) the authorities and requirements of DOD officials to consider workplace safety and health information in the pre-award, award, and contract performance phases of the contracting process; and (2) the availability of relevant contractor safety information on the Occupational Health and Safety Administration website.
The Government Accountability Office must submit a report to DOD and Congress on the health and safety records of DOD contractors.
DOD must develop a system for assigning safety performance ratings for its contracts in industries that have relatively high rates of occupational injuries (e.g., manufacturing).
Beginning in FY2023, DOD contracting officials must (1) assess contractor safety performance at the time of contract completion in industries that have relatively high rates of occupational injuries, and (2) consider information about prospective contractors' records of safety performance as a factor in awarding contracts in industries that have relatively high rates of occupational injuries.

To ensure the safety of workers of contractors that serve and supply 
     the Armed Forces and the accountable use of taxpayer dollars.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Worker Safety in 
Contracting Act of 2021''.

SEC. 2. DEPARTMENT OF DEFENSE CONTRACTOR WORKPLACE SAFETY AND 
              ACCOUNTABILITY.

    (a) Training and Guidance.--The Secretary of Defense shall develop 
and provide clear training and guidance to acquisition officials, 
contracting officers, and current and potential contractors on an 
annual basis regarding--
            (1) the authorities and requirements of Department of 
        Defense officials to consider workplace safety and health 
        information in the pre-award, award, and contract performance 
        phases of the contracting process; and
            (2) the availability of relevant contractor safety 
        information on the Occupational Health and Safety 
        Administration (OSHA) website.
    (b) Comptroller General Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to the Department of Defense and the 
        congressional defense committees a report on the health and 
        safety records of Department of Defense contractors.
            (2) Elements.--The report required under paragraph (1) 
        shall include the following elements:
                    (A) A description of the Department of Defense's 
                existing procedures to evaluate the safety and health 
                records of current and prospective contractors.
                    (B) An evaluation of the Department's adherence to 
                those procedures.
                    (C) An assessment of the current incidence of 
                health and safety violations by Department contractors.
                    (D) An assessment of whether the Department of 
                Labor has the resources to investigate and identify 
                safety and health violations by Department of Defense 
                contractors.
                    (E) An assessment of whether the Department of 
                Labor should consider assuming an expanded 
                investigatory role or a targeted enforcement program 
                for ensuring the safety and health of workers under 
                Department of Defense contracts.
                    (F) An evaluation of the training and guidance 
                developed under subsection (a).
    (c) Definitions.--In this section:
            (1) Covered contract.--The term ``covered contract'' means 
        a Department of Defense contract for the procurement of 
        property or services, including construction, valued in excess 
        of $1,000,000.
            (2) Covered subcontractor.--The term ``covered 
        subcontractor'' means a subcontractor listed in the bid for a 
        covered contract or known by the Department of Defense to be a 
        subcontractor of the offeror.
    (d) Consideration of Safety Performance in Contracts.--
            (1) System for assigning safety performance ratings for 
        certain contracts.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        develop a system for assigning safety performance ratings for 
        Department of Defense contracts in industries that have 
        relatively high rates of occupational injuries, including 
        manufacturing, construction, and ship building and repairing.
            (2) Ratings for completed contracts.--Beginning in fiscal 
        year 2023, Department of Defense contracting officials shall 
        assess contractor safety performance at the time of contract 
        completion in industries that have relatively high rates of 
        occupational injuries.
            (3) Evaluation of safety performance records.--Beginning in 
        fiscal year 2023, Department of Defense contracting officials 
        shall consider information about prospective contractors' 
        records of safety performance as a factor in awarding contracts 
        in industries that have relatively high rates of occupational 
        injuries.
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