Offshore Oil and Gas Worker Whistleblower Protection Act of 2010

Bill: 111-hr-5851
Sponsor: Rep. Miller, George [D-CA-7]
Introduced: 2010-07-26 in the House
Policy area: Labor and Employment
Subjects: Administrative remedies
Civil actions and liability
Department of Labor
Employment discrimination and employee rights
Government information and archives
Government studies and investigations
Marine and coastal resources, fisheries
Oil and gas
Worker safety and health

Summary:
action_date: 2010-07-26
text: 
Offshore Oil and Gas Worker Whistleblower Protection Act of 2010 - Prohibits an employer from discharging, discriminating, or engaging in retaliatory actions against specified employees who report to a government official any violation or unsafe condition under the Outer Continental Shelf Lands Act.
 
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.

action_date: 2010-07-30
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Offshore Oil and Gas Worker Whistleblower Protection Act of 2010 - (Sec. 2) Prohibits an employer from discharging, discriminating, against, or engaging in retaliatory actions against specified employees who: (1) report to a government official any violation or unsafe condition under the Outer Continental Shelf Lands Act; (2) testify or participate in a proceeding concerning such violation; (3) reported an illness, injury, or unsafe condition related to the employer's activities to the employer or a state or federal government official; (4) refused to perform duties, or exercised stop work authority, based upon a good faith belief that performing such duties could result in injury to or impairment of the health of the covered employee or other employees, or cause an oil spill to the environment; or (5) objected to, or refused to participate in any activity, policy, practice, or assigned task that the employee reasonably believed to be in violation of such Act.
 
Sets forth complaint filing procedures with the Secretary of Labor regarding such retaliation.
 
Requires the Secretary to investigate and determine whether there is reasonable cause to believe that the complaint has merit and notify in writing the complainant and the employer regarding the Secretary's findings.
 
Authorizes a civil action to require compliance with this Act.
 
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 annually; 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.
 
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.


Legislative actions:
action_date: 2010-07-30
text: Pursuant to the provisions of H. Res. 1574, H.R. 5851 is laid on the table.
action_date: 2010-07-30
text: Pursuant to the provisions of H. Res. 1574, the text of H.R. 5851, as passed by the House, was appended as new matter at the end of H.R. 3534.
action_date: 2010-07-30
text: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5851.
action_date: 2010-07-30
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-07-30
text: On passage Passed by the Yeas and Nays: 315 - 93 (Roll no. 506). (text: CR H6486-6487)
action_date: 2010-07-30
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 315 - 93 (Roll no. 506).(text: CR H6486-6487)
action_date: 2010-07-30
text: On motion to recommit with instructions Failed by the Yeas and Nays: 171 - 234 (Roll no. 505). (consideration: CR H6553-6554)
action_date: 2010-07-30
text: DEBATE - The House proceeded with 10 minutes of debate on the Kline (MN) motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to insert a new section in the bill entitled "Whistleblower Protection for Certain Offshore Workers."
action_date: 2010-07-30
text: Mr. Kline (MN) moved to recommit with instructions to Education and Labor. (consideration: CR H6552-6554; text: CR H6552)
action_date: 2010-07-30
text: Considered as unfinished business. (consideration: CR H6552-6555)
action_date: 2010-07-30
text: POSTPONED PROCEEDINGS - Pursuant to clause 2c of rule 19, the Chair postponed further proccedings on H.R. 5851 until a time to be announced.
action_date: 2010-07-30
text: The previous question was ordered pursuant to the rule. (consideration: CR H6492)
action_date: 2010-07-30
text: DEBATE - The House proceeded with one hour of debate on H.R. 5851.
action_date: 2010-07-30
text: Rule provides for consideration of H.R. 3534 and H.R. 5851. General debate for H.R. 3534 shall be one hour. After general debate, the bill shall be considered for amendment under the five-minute rule. And, it shall be in order to consider as an original bill the amendment in the nature of a substitute printed in Part A of the report of the Committee on Rules accompanying the resolution. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in Part B of the report of the Committee on Rules. The rule also makes in order H.R. 5851. General debate for H.R. 5851 shall be limited to one hour and the bill is closed to amendments, with the exception of the amendment printed in part C of the report which is considered adopted.
action_date: 2010-07-30
text: Considered under the provisions of rule H. Res. 1574. (consideration: CR H6486-6492)
action_date: 2010-07-30
text: Rule H. Res. 1574 passed House.
action_date: 2010-07-30
text: Rules Committee Resolution H. Res. 1574 Reported to House. Rule provides for consideration of H.R. 3534 and H.R. 5851. General debate for H.R. 3534 shall be one hour and forty minutes. After general debate, the bill shall be considered for amendment under the five-minute rule. And, it shall be in order to consider as an original bill the amendment in the nature of a substitute printed in Part A of the report of the Committee on Rules accompanying the resolution. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in Part B of the report of the Committee on Rules. The rule also makes in order
action_date: 2010-07-26
text: Referred to the House Committee on Education and Labor.
action_date: 2010-07-26
text: Introduced in House
action_date: 2010-07-26
text: Introduced in House