Offshore Worker Whistleblower Protection Act

Bill: 111-hr-5749
Sponsor: Rep. Miller, George [D-CA-7]
Introduced: 2010-07-15 in the House
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures
Administrative remedies
Civil actions and liability
Congressional oversight
Department of Labor
Department of the Interior
Employment discrimination and employee rights
Evidence and witnesses
Government employee pay, benefits, personnel management
Government studies and investigations
Judicial review and appeals
Marine and coastal resources, fisheries
Marine pollution
Oil and gas
Transportation employees
Worker safety and health

Summary:
action_date: 2010-07-15
text: 
Offshore Worker Whistleblower Protection Act - Prohibits an employer from discharging, discriminating, or engaging in retaliatory actions against specified employees who report to a government official any violation under the Outer Continental Shelf Lands Act (OCSLA).
 
Sets forth complaint filing procedures with the Secretary of Labor regarding such retaliation.
 
Requires employers to: (1) post a notice approved by the Secretary of Labor explaining employee rights and remedies under this Act in a conspicuous location in the place of employment where employees frequent; (2) provide training to employees about their rights under this Act within 30 days of employment, and at least once every 12 months thereafter; and (3) provide employees with a card containing a toll free telephone number at the Department of Labor to get information or file a complaint under this Act.
 
Directs the Secretary of Labor, within 30 days after enactment of this Act, to designate agency officials to receive, investigate, and adjudicate complaints concerning violations under this Act.
 
Prohibits an employer engaged in activities for the exploration for, and development and production of, minerals, alternative energy, or oil spill cleanup under a lease or permit issued under the OCSLA from discharging or constructively discharging an employee performing such activities on or in waters above the Outer Continental Shelf, and who has completed a probationary period of employment of up to six months, without reasonable job-related grounds based on: (1) failure to satisfactorily perform job duties, including compliance with the OCSLA and mandatory health and safety standards or regulations; or (2) other legitimate business reason.
 
Authorizes an aggrieved employee, within one year of an alleged violation of such requirement, to file a complaint in an appropriate federal district court. Entitles a prevailing employee to: (1) reinstatement with backpay and compensatory damages; and (2) reasonable attorneys' fees and costs.
 
Directs the Secretary of Labor and the Secretary of the Interior to enter into a cooperative educational and training agreement to jointly train Department of Labor and Department of the Interior inspectors of, and other related personnel on, onshore and offshore oil and gas drilling or production platforms or rigs.


Legislative actions:
action_date: 2010-10-13
text: Referred to the Subcommittee on Workforce Protections.
action_date: 2010-07-19
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2010-07-15
text: Referred to House Natural Resources
action_date: 2010-07-15
text: Referred to the Committee on Education and Labor, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2010-07-15
text: Referred to House Education and Labor
action_date: 2010-07-15
text: Introduced in House
action_date: 2010-07-15
text: Introduced in House