[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2199 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2199

 To amend the Occupational Safety and Health Act of 1970 to authorize 
    the Secretary of Labor to prevent employee exposure to imminent 
                                dangers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2009

    Mr. Bishop of New York (for himself, Ms. Woolsey, Mr. Hare, Mr. 
  Kucinich, and Mr. Sablan) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To amend the Occupational Safety and Health Act of 1970 to authorize 
    the Secretary of Labor to prevent employee exposure to imminent 
                                dangers.

    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 ``Protecting Workers From Imminent 
Dangers Act of 2009''.

SEC. 2. STREAMLINED PROCEDURES TO COUNTERACT IMMINENT DANGERS.

    (a) Procedures.--Section 13 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 662) is amended--
            (1) by striking subsections (a), (b), and (c) and inserting 
        the following:
    ``(a)(1) If the Secretary determines, on the basis of an inspection 
or investigation under this Act, that a condition or practice in a 
place of employment is such that an imminent danger to safety or health 
exists that could reasonably be expected to cause death or serious 
physical harm or permanent impairment of the health or functional 
capacity of employees if not corrected immediately or before the 
imminence of such danger can be eliminated through the enforcement 
procedures otherwise provided by this Act, the Secretary shall inform 
the employer and the affected employees and their representative of 
such imminent danger and shall request that the condition or practice 
be corrected immediately or that employees be immediately removed from 
exposure to such danger.
    ``(2) The Secretary shall not prevent the entry or continued 
activity of employees whose presence is necessary to avoid, correct, or 
remove such imminent danger or to maintain the capacity of a continuous 
process operation to resume normal operations without a complete 
cessation of operations or, where a cessation of operations is 
necessary, to permit such to be accomplished in a safe and orderly 
manner.
    ``(3) If the employer refuses to comply with the request under 
paragraph (1), the Secretary shall immediately issue an order requiring 
the employer to cause all persons, except those employees referred to 
in paragraph (2), to be withdrawn from, and to be prohibited from 
entering, such area until an authorized representative of the Secretary 
determines that such imminent danger and the conditions or practices 
which caused such imminent danger no longer exist. The issuance of an 
order under this subsection shall not preclude the issuance of a 
citation under section 9 or the proposing of a penalty under section 
17. The fact that an order under paragraph (3) has been issued shall be 
noted in any citation issued pursuant to section 9 with respect to the 
hazard involved.
    ``(4) Each finding made and order issued under this section shall 
be given promptly to the employer by the person making such finding or 
order. All such findings and orders shall be in writing, and shall be 
signed by the person making them and shall contain a detailed 
description of the conditions or practices which cause and constitute 
an imminent danger and a description of the area of the place of 
employment from which persons must be withdrawn and prohibited from 
entering.
    ``(5) Any order issued pursuant to subsection (a) may be modified 
or terminated by an authorized representative of the Secretary 
following consultation with the employer and any representative of the 
affected employees. Any order issued under subsection (a) shall remain 
in effect until vacated, modified, or terminated by the Secretary, or 
modified or vacated by the Commission pursuant to subsection (d).''; 
and
            (2) by redesignating subsection (d) as subsection (b) and 
        after such subsection inserting the following:
    ``(c) No person shall discharge or in any manner discriminate 
against any employee because such employee has refused to perform a 
duty that has been identified as the source of an imminent danger by 
any order issued under subsection (a). The right to refuse to perform 
such a duty shall be in addition to any other right to refuse to 
perform hazardous work that is afforded to employees by this Act, by 
standards or regulations issued pursuant to this Act, by contract, or 
by other applicable law.
    ``(d)(1) Any employer notified of an order under subsection (a) or 
any affected employees or representative of affected employees notified 
of the issuance, modification, or termination of such an order may 
apply to the Commission within 30 days of such notification for 
reinstatement, modification or vacation of such order. The Commission 
shall forthwith afford an opportunity for a hearing (in accordance with 
section 554 of title 5, United States Code, but without regard to 
subsection (a)(3) of such section) and thereafter shall issue an order, 
based upon findings of fact, vacating, affirming, modifying, or 
terminating the Secretary's order. The Commission may not grant 
temporary relief from the issuance of any order under subsection (a).
    ``(2) The Commission shall take whatever action is necessary to 
expedite proceedings under this subsection.
    ``(e) The Secretary may institute a civil action for relief, 
including a permanent or temporary injunction, restraining order, or 
any other appropriate order in the district court of the United States 
for the district in which a place of employment is located or in which 
the employer has his principal office, whenever such employer or his 
agent violates or fails or refuses to comply with any order or decision 
issued under this section.''.
    (b) Penalties.--Section 17 of such Act is amended by redesignating 
subsections (h) through (l) as subsections (i) through (m), 
respectively, and by inserting after subsection (g) the following:
    ``(h) Any employer who fails to remove all employees from exposure 
to a hazard referenced in orders issued under section 13(a) shall be 
assessed a civil penalty of not less than $10,000 and not more than 
$50,000 for each day during which an employee continues to be exposed 
to the hazard, unless the Commission or the district court determines 
the condition or practice is not of such nature as to be covered by 
section 13(a).''.
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