1.This Act may be cited as the
Protecting Workers From Imminent
Dangers Act of 2009
.
2.Streamlined
Procedures to Counteract Imminent Dangers
(a)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in paragraph (2), to be withdrawn from, and to be prohibited from entering,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)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).
.