I 111th CONGRESS 1st Session H. R. 2113 IN THE HOUSE OF REPRESENTATIVES April 27, 2009 Mr. Hare (for himself, Ms. Woolsey, Mr. George Miller of California, Ms. Linda T. Sánchez 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.

1.

Short title

This Act may be cited as the Corporate Injury, Illness, and Fatality Reporting Act of 2009.

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.

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.

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.