[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1851 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1851

  To amend the Occupational Safety and Health Act of 1970 to enhance 
     protections for employees reporting workplace hazards to the 
             Occupational Safety and Health Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 1999

Mr. Owens (for himself, Mr. Clay, Mr. George Miller of California, Mr. 
  Martinez, Mr. Payne, Mr. Kucinich, and Ms. Woolsey) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Occupational Safety and Health Act of 1970 to enhance 
     protections for employees reporting workplace hazards to the 
             Occupational Safety and Health Administration.

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

SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Hazard Reporting 
Protection Act of 1999''.
    (b) Reference.--Whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made in a section or 
other provision of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.)

SEC. 2. EMPLOYEE ACTIONS.

    Section 11(c)(1) (29 U.S.C. 660(c)(1) is amended by adding at the 
end the following: ``including reporting any injury, illness or unsafe 
condition.''

SEC. 3. PROHIBITION OF DISCRIMINATION.

    Section 11(c) (29 U.S.C. 660(c)) is amended by striking out 
paragraph (2) and inserting in lieu thereof the following:
            ``(2) No person shall discharge or in any manner 
        discriminate against an employee for refusing to perform the 
        employee's duties when the employee has a reasonable 
        apprehension that performing such duties would result in 
        serious injury or serious impairment of health to the employee 
        or other employees. The circumstances causing the employee's 
        apprehension of serious injury must be of such a nature that a 
        reasonable person would conclude that there is a danger of 
        serious injury or serious impairment of health. In order to 
        qualify for protection, where possible, the employee must have 
        communicated to his employer the danger perceived.''.

SEC. 4. PROCEDURE.

    Section 11(c) (29 U.S.C. 660(c)) is amended by striking out 
paragraph (3) and inserting in lieu thereof the following:
            ``(3) Any employee who believes that he has been 
        discharged, disciplined, or otherwise discriminate against 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 such discharge, discipline, or discrimination. Upon 
        receipt of such a complaint, the Secretary shall notify the 
        person named in the complaint of the filing of the complaint.
            ``(4)(A) Within 90 days of 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 and notify the 
complainant and the person alleged to have committed the violation of 
paragraph (1) or (2) of the Secretary's findings. Where the Secretary 
has concluded that there is reasonable cause to believe that a 
violation has occurred, the Secretary's findings shall be accompanied 
by a preliminary order providing the relief prescribed by paragraph 
(D).
        ``Thereafter,
                    ``(i) the person alleged to have committed the 
                violation or the complainant may, within 30 days, file 
                objections to the findings or preliminary order, or 
                both, 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 preliminary 
                order.
                    ``(ii) Where a hearing is not timely requested, the 
                preliminary order shall be deemed a final order which 
                is not subject to judicial review.
            ``(B) If the Secretary has not issued findings under 
        paragraph (4)(A) within 90 days, and the employee or 
        representative of the employee files a request for a hearing 
        with the Secretary, the Secretary shall afford an opportunity 
        for a hearing on the record.
            ``(C) When requested, a hearing shall be conducted by an 
        administrative law judge of the Department of Labor and a 
        recommended decision and order issued expeditiously. The legal 
        burdens of proof that prevail under section 1221 of title 5, 
        United States Code, shall govern adjudication of violations 
        under this subsection. The Secretary shall issue a final order 
        within 120 days of the issuance of the recommended decision. In 
        the interim, such proceedings may be terminated at any time on 
        the basis of a settlement agreement entered into by the 
        Secretary, the complainant, and the person alleged to have 
        committed the violation.
            ``(D) If, in response to a complaint filed under paragraph 
        (3), the Secretary determines that a violation of paragraphs 
        (1) or (2) has occurred, the Secretary may order--
                    ``(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 back pay), terms, conditions, 
                and privileges of the position,
                    ``(iii) compensatory damages, and
                    ``(iv) exemplary damages.
        Upon issuance of such an order, the Secretary 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 and expert witness fees) reasonably incurred, as 
determined by the Secretary, by the complainant for, or in connection 
with, the bringing of the complaint upon which the order was issued, 
including costs and expenses incurred upon review before a court of 
appeals.
            ``(E) In conducting an investigation or adjudication under 
        this paragraph, the provisions of section 8(b) of this act 
        shall apply.
            ``(5)(A) Any person adversely affected or aggrieved by a 
        final order issued under paragraph (4)(C) may obtain review of 
        the order before the United States court of appeals for the 
        circuit in which the violation, with respect to which the order 
        was issued, occurred, or the circuit in which such person 
        resided on the date of such violation. The petition for review 
        must be filed within 60 days from the issuance of the 
        Secretary's order. Such review shall be in accordance with the 
        provisions of chapter 7 of title 5, United States Code. An 
        order of the Secretary subject to review under this subsection 
        is not subject to judicial review in a criminal or other civil 
        proceeding. The commencement proceedings under this subsection 
        shall not, unless ordered by the court, operate as a stay of 
        the order of the Secretary.
            ``(B) Whenever a person has failed to comply with a final 
        order or an order of reinstatement issued under paragraph (4), 
        the Secretary or the person on behalf of whom the order was 
        issued may file a civil action 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, the district court shall have jurisdiction 
        to grant additional appropriate relief in light of the 
        noncompliance.''.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect ninety days after the date of enactment 
of this Act.
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