[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2113 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2113

 To require the Secretary of Labor to prescribe regulations requiring 
   employers with more than one establishment and not fewer than 500 
   employees to report work-related deaths, injuries, and illnesses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2009

 Mr. Hare (for himself, Ms. Woolsey, Mr. George Miller of California, 
Ms. Linda T. Sanchez of California, Mr. Payne, Mr. Sablan, Mr. Michaud, 
  Mr. Braley of Iowa, Mr. Loebsack, Ms. DeLauro, Ms. Sutton, Ms. Shea-
Porter, Mr. Holt, and Mr. Bishop of New York) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Labor to prescribe regulations requiring 
   employers with more than one establishment and not fewer than 500 
   employees to report work-related deaths, injuries, and illnesses.

    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 ``Corporate Injury, Illness, and 
Fatality Reporting Act of 2009''.

SEC. 2. REGULATIONS AND REPORTING.

    (a) Regulations.--Not later than 12 months after the date of the 
enactment of this Act, pursuant to section 8(c) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 657(c)), the Secretary of 
Labor shall prescribe regulations requiring large employers, for each 
establishment of each such employer, to maintain accurate records of, 
and to make periodic and certified reports, not less than annually, to 
the Secretary of Labor on--
            (1) the numbers and rates of work-related deaths, injuries, 
        and illnesses (as such terms are defined in section 1904 of 
        title 29 Code of Federal Regulations (as in effect on the date 
        of the enactment of this Act)); and
            (2) compliance data, including--
                    (A) the inspection number of each inspection 
                conducted by the Secretary under section 8 of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                657) or a State pursuant to a State plan approved under 
                section 18(c) of such Act (29 U.S.C. 667(c));
                    (B) the opening date of such inspection; and
                    (C) the total number of violations and any 
                citations issued as a result of such violations under 
                such Act by the Secretary or State following such 
                inspection.
    (b) Identification of Each Establishment.--The regulations 
described in subsection (a) shall require each large employer to 
identify on all records and reports--
            (1) each establishment of such large employer; and
            (2) whether an establishment has been acquired, sold, or 
        transferred since the last report filed under subsection (a) by 
        the large employer of such establishment.
    (c) Reporting.--Not later than 6 months after the deadline of the 
submission of the reports described in subsection (a), pursuant to 
section 8(g)(1), the Secretary of Labor shall post all such reports on 
the Department of Labor website.

SEC. 3. ENFORCEMENT.

    Notwithstanding the provisions of section 18(e) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 667(e)), the Secretary shall 
issue citations pursuant to section 9 of such Act (29 U.S.C. 658) to 
any large employer, including such large employers with establishments 
in States with an approved State plan under section 18(c) of such Act 
(29 U.S.C. 667(c)), for violations of any of the reporting requirements 
described in section 2.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Construction industry.--The term ``construction 
        industry'' means the industry identified by the 2007 North 
        American Industry Classification System Code as industry code 
        23 (as published by the Bureau of the Census).
            (2) Employee.--The term ``employee'' has the meaning given 
        such term in section 3 of the Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 651).
            (3) Employer.--The term ``employer'' has the meaning given 
        such term in section 3 of the Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 651), except that such term does not 
        include an employer in the construction industry.
            (4) Establishment.--The term ``establishment''--
                    (A) has the meaning given such term in section 
                1904.46 of title 29 Code of Federal Regulations (as in 
                effect on the date of the enactment of this Act), 
                except that such term does not include an establishment 
                with fewer than 10 employees or that is in the 
                construction industry; or
                    (B) means a subsidiary corporation, except that 
                such term does not include a subsidiary corporation in 
                the construction industry, and each of its 
                establishments (as defined in subparagraph A) and 
                subsidiary corporations that are not in the 
                construction industry.
            (5) Inspection number.--The term ``inspection number'' 
        means the number the Secretary or other authorized individual 
        assigns to an inspection conducted under section 8 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or 
        section 18 of such Act (29 U.S.C. 667).
            (6) Large employer.--The term ``large employer'' means an 
        employer that--
                    (A) employs not fewer than 500 employees; and
                    (B) owns and controls more than 1 establishment.
            (7) Opening date.--The term ``opening date'' means the 
        first date of an inspection conducted under section 8 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 657) or 
        section 18 of such Act (29 U.S.C. 667).
            (8) Subsidiary corporation.--The term ``subsidiary 
        corporation'' means a corporation where another corporation 
        (such as a large employer) owns all, or more than 50 percent, 
        of the stock of such corporation.
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