[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1166 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1166

   To amend the Occupational Safety and Health Act of 1970 to expand 
coverage under the Act, to increase protections for whistleblowers, to 
increase penalties for high gravity violations, to adjust penalties for 
 inflation, to provide rights for victims or their family members, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2011

Mrs. Murray (for herself, Mr. Akaka, Mr. Blumenthal, Mr. Brown of Ohio, 
Mr. Franken, Mr. Harkin, Mr. Lautenberg, Mr. Rockefeller, Mrs. Shaheen, 
and Mr. Whitehouse) introduced the following bill; which was read twice 
and referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Occupational Safety and Health Act of 1970 to expand 
coverage under the Act, to increase protections for whistleblowers, to 
increase penalties for high gravity violations, to adjust penalties for 
 inflation, to provide rights for victims or their family members, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting 
America's Workers Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
      TITLE I--COVERAGE OF PUBLIC EMPLOYEES AND APPLICATION OF ACT

Sec. 101. Coverage of public employees.
Sec. 102. Application of Act.
             TITLE II--INCREASING WHISTLEBLOWER PROTECTIONS

Sec. 201. Enhanced protections from retaliation.
      TITLE III--IMPROVING REPORTING, INSPECTION, AND ENFORCEMENT

Sec. 301. Posting of employee rights.
Sec. 302. Employer reporting of work-related deaths and 
                            hospitalizations and prohibition on 
                            discouraging employee reports of injury or 
                            illness.
Sec. 303. No loss of employee pay for inspections.
Sec. 304. Investigations of fatalities and significant incidents.
Sec. 305. Prohibition on unclassified citations.
Sec. 306. Victims' rights.
Sec. 307. Right to contest citations and penalties.
Sec. 308. Correction of serious, willful, or repeated violations 
                            pending contest and procedures for a stay.
Sec. 309. Conforming amendments.
Sec. 310. Civil penalties.
Sec. 311. Criminal penalties.
Sec. 312. Prejudgment interest.
                         TITLE IV--STATE PLANS

Sec. 401. Concurrent enforcement authority and review of State 
                            occupational safety and health plans.
     TITLE V--NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

Sec. 501. Health Hazard Evaluations by the National Institute for 
                            Occupational Safety and Health.
                        TITLE VI--EFFECTIVE DATE

Sec. 601. Effective date.

      TITLE I--COVERAGE OF PUBLIC EMPLOYEES AND APPLICATION OF ACT

SEC. 101. COVERAGE OF PUBLIC EMPLOYEES.

    (a) In General.--Section 3(5) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 652(5)) is amended by striking ``but does not 
include'' and all that follows through the period at the end and 
inserting ``including the United States, a State, or a political 
subdivision of a State.''.
    (b) Construction.--Nothing in this Act shall be construed to affect 
the application of section 18 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 667).

SEC. 102. APPLICATION OF ACT.

    Section 4(b) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653(b)(1)) is amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (5), (6), and (7), respectively; and
            (2) by striking paragraph (1) and inserting the following:
    ``(1) If a Federal agency has promulgated and is enforcing a 
standard or regulation affecting occupational safety or health of some 
or all of the employees within that agency's regulatory jurisdiction, 
and the Secretary determines that such a standard or regulation as 
promulgated and the manner in which the standard or regulation is being 
enforced provides protection to those employees that is at least as 
effective as the protection provided to those employees by this Act and 
the Secretary's enforcement of this Act, the Secretary may publish a 
certification notice in the Federal Register. The notice shall set 
forth that determination and the reasons for the determination and 
certify that the Secretary has ceded jurisdiction to that Federal 
agency with respect to the specified standard or regulation affecting 
occupational safety or health. In determining whether to cede 
jurisdiction to a Federal agency, the Secretary shall seek to avoid 
duplication of, and conflicts between, health and safety requirements. 
Such certification shall remain in effect unless and until rescinded by 
the Secretary.
    ``(2) The Secretary shall, by regulation, establish procedures by 
which any person who may be adversely affected by a decision of the 
Secretary certifying that the Secretary has ceded jurisdiction to 
another Federal agency pursuant to paragraph (1) may petition the 
Secretary to rescind a certification notice under paragraph (1). Upon 
receipt of such a petition, the Secretary shall investigate the matter 
involved and shall, within 90 days after receipt of the petition, 
publish a decision with respect to the petition in the Federal 
Register.
    ``(3) Any person who may be adversely affected by--
            ``(A) a decision of the Secretary certifying that the 
        Secretary has ceded jurisdiction to another Federal agency 
        pursuant to paragraph (1); or
            ``(B) a decision of the Secretary denying a petition to 
        rescind such a certification notice under paragraph (1),
may, not later than 60 days after such decision is published in the 
Federal Register, file a petition challenging such decision with the 
United States court of appeals for the circuit in which such person 
resides or such person has a principal place of business, for judicial 
review of such decision. A copy of the petition shall be forthwith 
transmitted by the clerk of the court to the Secretary. The Secretary's 
decision shall be set aside if found to be arbitrary, capricious, an 
abuse of discretion, or otherwise not in accordance with law.
    ``(4) Nothing in this Act shall apply to working conditions covered 
by the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et 
seq.).''.

             TITLE II--INCREASING WHISTLEBLOWER PROTECTIONS

SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION.

    (a) Employee Actions.--Section 11(c)(1) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended--
            (1) by striking ``discharge'' and all that follows through 
        ``because such'' and inserting the following: ``discharge or 
        cause to be discharged, or in any manner discriminate against 
        or cause to be discriminated against, any employee because--
            ``(A) such'';
            (2) by striking ``this Act or has'' and inserting the 
        following: ``this Act;
            ``(B) such employee has'';
            (3) by striking ``in any such proceeding or because of the 
        exercise'' and inserting the following: ``before Congress or in 
        any Federal or State proceeding related to safety or health;
            ``(C) such employee has refused to violate any provision of 
        this Act; or
            ``(D) of the exercise''; and
            (4) by inserting before the period at the end the 
        following: ``, including the reporting of any injury, illness, 
        or unsafe condition to the employer, agent of the employer, 
        safety and health committee involved, or employee safety and 
        health representative involved''.
    (b) Prohibition of Retaliation.--Section 11(c) of such Act (29 
U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Prohibition of retaliation.--(A) No person shall 
        discharge, or cause to be discharged, or in any manner 
        discriminate against, or cause to be discriminated against, an 
        employee for refusing to perform the employee's duties if the 
        employee has a reasonable apprehension that performing such 
        duties would result in serious injury to, or serious impairment 
        of the health of, the employee or other employees.
            ``(B) For purposes of subparagraph (A), the circumstances 
        causing the employee's good-faith belief that performing such 
        duties would pose a safety or health hazard shall be of such a 
        nature that a reasonable person, under the circumstances 
        confronting the employee, would conclude that there is such a 
        hazard. In order to qualify for protection under this 
        paragraph, the employee, when practicable, shall have 
        communicated or attempted to communicate the safety or health 
        concern to the employer and have not received from the employer 
        a response reasonably calculated to allay such concern.''.
    (c) Procedure.--Section 11(c) of such Act (29 U.S.C. 660(c)) is 
amended by striking paragraph (3) and inserting the following:
            ``(3) Complaint.--Any employee who believes that the 
        employee has been discharged, disciplined, or otherwise 
        discriminated against by any person in violation of paragraph 
        (1) or (2) may seek relief for such violation by filing a 
        complaint with the Secretary under paragraph (5).
            ``(4) Statute of limitations.--
                    ``(A) In general.--An employee may take the action 
                permitted by paragraph (3)(A) not later than 180 days 
                after the later of--
                            ``(i) the date on which an alleged 
                        violation of paragraph (1) or (2) occurs; or
                            ``(ii) the date on which the employee knows 
                        or should reasonably have known that such 
                        alleged violation occurred.
                    ``(B) Repeat violation.--Except in cases when the 
                employee has been discharged, a violation of paragraph 
                (1) or (2) shall be considered to have occurred on the 
                last date an alleged repeat violation occurred.
            ``(5) Investigation.--
                    ``(A) In general.--An employee may, within the time 
                period required under paragraph (4)(B), file a 
                complaint with the Secretary alleging a violation of 
                paragraph (1) or (2). If the complaint alleges a prima 
                facie case, the Secretary shall conduct an 
                investigation of the allegations in the complaint, 
                which--
                            ``(i) shall include--
                                    ``(I) interviewing the complainant;
                                    ``(II) providing the respondent an 
                                opportunity to--
                                            ``(aa) submit to the 
                                        Secretary a written response to 
                                        the complaint; and
                                            ``(bb) meet with the 
                                        Secretary to present statements 
                                        from witnesses or provide 
                                        evidence; and
                                    ``(III) providing the complainant 
                                an opportunity to--
                                            ``(aa) receive any 
                                        statements or evidence provided 
                                        to the Secretary;
                                            ``(bb) meet with the 
                                        Secretary; and
                                            ``(cc) rebut any statements 
                                        or evidence; and
                            ``(ii) may include issuing subpoenas for 
                        the purposes of such investigation.
                    ``(B) Decision.--Not later than 90 days after the 
                filing of the complaint, the Secretary shall--
                            ``(i) determine whether reasonable cause 
                        exists to believe that a violation of paragraph 
                        (1) or (2) has occurred; and
                            ``(ii) issue a decision granting or denying 
                        relief.
            ``(6) Preliminary order following investigation.--If, after 
        completion of an investigation under paragraph (5)(A), the 
        Secretary finds reasonable cause to believe that a violation of 
        paragraph (1) or (2) has occurred, the Secretary shall issue a 
        preliminary order providing relief authorized under paragraph 
        (14) at the same time the Secretary issues a decision under 
        paragraph (5)(B). If a de novo hearing is not requested within 
        the time period required under paragraph (7)(A)(i), such 
        preliminary order shall be deemed a final order of the 
        Secretary and is not subject to judicial review.
            ``(7) Hearing.--
                    ``(A) Request for hearing.--
                            ``(i) In general.--A de novo hearing on the 
                        record before an administrative law judge may 
                        be requested--
                                    ``(I) by the complainant or 
                                respondent within 30 days after 
                                receiving notification of a decision 
                                granting or denying relief issued under 
                                paragraph (5)(B) or paragraph (6) 
                                respectively;
                                    ``(II) by the complainant within 30 
                                days after the date the complaint is 
                                dismissed without investigation by the 
                                Secretary under paragraph (5)(A); or
                                    ``(III) by the complainant within 
                                120 days after the date of filing the 
                                complaint, if the Secretary has not 
                                issued a decision under paragraph 
                                (5)(B).
                            ``(ii) Reinstatement order.--The request 
                        for a hearing shall not operate to stay any 
                        preliminary reinstatement order issued under 
                        paragraph (6).
                    ``(B) Procedures.--
                            ``(i) In general.--A hearing requested 
                        under this paragraph shall be conducted 
                        expeditiously and in accordance with rules 
                        established by the Secretary for hearings 
                        conducted by administrative law judges.
                            ``(ii) Subpoenas; production of evidence.--
                        In conducting any such hearing, the 
                        administrative law judge may issue subpoenas. 
                        The respondent or complainant may request the 
                        issuance of subpoenas that require the 
                        deposition of, or the attendance and testimony 
                        of, witnesses and the production of any 
                        evidence (including any books, papers, 
                        documents, or recordings) relating to the 
                        matter under consideration.
                            ``(iii) Decision.--The administrative law 
                        judge shall issue a decision not later than 90 
                        days after the date on which a hearing was 
                        requested under this paragraph and promptly 
                        notify, in writing, the parties and the 
                        Secretary of such decision, including the 
                        findings of fact and conclusions of law. If the 
                        administrative law judge finds that a violation 
                        of paragraph (1) or (2) has occurred, the judge 
                        shall issue an order for relief under paragraph 
                        (14). If review under paragraph (8) is not 
                        timely requested, such order shall be deemed a 
                        final order of the Secretary that is not 
                        subject to judicial review.
            ``(8) Administrative appeal.--
                    ``(A) In general.--Not later than 30 days after the 
                date of notification of a decision and order issued by 
                an administrative law judge under paragraph (7), the 
                complainant or respondent may file, with objections, an 
                administrative appeal with an administrative review 
                body designated by the Secretary (referred to in this 
                paragraph as the `review board').
                    ``(B) Standard of review.--In reviewing the 
                decision and order of the administrative law judge, the 
                review board shall affirm the decision and order if it 
                is determined that the factual findings set forth 
                therein are supported by substantial evidence and the 
                decision and order are made in accordance with 
                applicable law.
                    ``(C) Decisions.--If the review board grants an 
                administrative appeal, the review board shall issue a 
                final decision and order affirming or reversing, in 
                whole or in part, the decision under review by not 
                later than 90 days after receipt of the administrative 
                appeal. If it is determined that a violation of 
                paragraph (1) or (2) has occurred, the review board 
                shall issue a final decision and order providing relief 
                authorized under paragraph (14). Such decision and 
                order shall constitute final agency action with respect 
                to the matter appealed.
            ``(9) Settlement in the administrative process.--
                    ``(A) In general.--At any time before issuance of a 
                final order, an investigation or proceeding under this 
                subsection may be terminated on the basis of a 
                settlement agreement entered into by the parties.
                    ``(B) Public policy considerations.--Neither the 
                Secretary, an administrative law judge, nor the review 
                board conducting a hearing under this subsection shall 
                accept a settlement that contains conditions 
                conflicting with the rights protected under this Act or 
                that are contrary to public policy, including a 
                restriction on a complainant's right to future 
                employment with employers other than the specific 
                employers named in a complaint.
            ``(10) Inaction by the review board or administrative law 
        judge.--
                    ``(A) In general.--The complainant may bring a de 
                novo action described in subparagraph (B) if--
                            ``(i) an administrative law judge has not 
                        issued a decision and order within the 90-day 
                        time period required under paragraph 
                        (7)(B)(iii); or
                            ``(ii) the review board has not issued a 
                        decision and order within the 90-day time 
                        period required under paragraph (8)(C).
                    ``(B) De novo action.--Such de novo action may be 
                brought at law or equity in the United States district 
                court for the district where a violation of paragraph 
                (1) or (2) allegedly occurred or where the complainant 
                resided on the date of such alleged violation. The 
                court shall have jurisdiction over such action without 
                regard to the amount in controversy and to order 
                appropriate relief under paragraph (14). Such action 
                shall, at the request of either party to such action, 
                be tried by the court with a jury.
            ``(11) Judicial review.--
                    ``(A) Timely appeal to the court of appeals.--Any 
                party adversely affected or aggrieved by a final 
                decision and order issued under this subsection may 
                obtain review of such decision and order in the United 
                States Court of Appeals for the circuit where the 
                violation, with respect to which such final decision 
                and order was issued, allegedly occurred or where the 
                complainant resided on the date of such alleged 
                violation. To obtain such review, a party shall file a 
                petition for review not later than 60 days after the 
                final decision and order was issued. Such review shall 
                conform to chapter 7 of title 5, United States Code. 
                The commencement of proceedings under this subparagraph 
                shall not, unless ordered by the court, operate as a 
                stay of the final decision and order.
                    ``(B) Limitation on collateral attack.--An order 
                and decision with respect to which review may be 
                obtained under subparagraph (A) shall not be subject to 
                judicial review in any criminal or other civil 
                proceeding.
            ``(12) Enforcement of order.--If a respondent fails to 
        comply with an order issued under this subsection, the 
        Secretary or the complainant on whose behalf the order was 
        issued may file a civil action for enforcement in the United 
        States district court for the district in which the violation 
        was found to occur to enforce such order. If both the Secretary 
        and the complainant file such action, the action of the 
        Secretary shall take precedence. The district court shall have 
        jurisdiction to grant all appropriate relief described in 
        paragraph (14).
            ``(13) Burdens of proof.--
                    ``(A) Criteria for determination.--In making a 
                determination or adjudicating a complaint pursuant to 
                this subsection, the Secretary, administrative law 
                judge, review board, or a court may determine that a 
                violation of paragraph (1) or (2) has occurred only if 
                the complainant demonstrates that any conduct described 
                in paragraph (1) or (2) with respect to the complainant 
                was a contributing factor in the adverse action alleged 
                in the complaint.
                    ``(B) Prohibition.--Notwithstanding subparagraph 
                (A), a decision or order that is favorable to the 
                complainant shall not be issued in any administrative 
                or judicial action pursuant to this subsection if the 
                respondent demonstrates by clear and convincing 
                evidence that the respondent would have taken the same 
                adverse action in the absence of such conduct.
            ``(14) Relief.--
                    ``(A) Order for relief.--If the Secretary, 
                administrative law judge, review board, or a court 
                determines that a violation of paragraph (1) or (2) has 
                occurred, the Secretary or court, respectively, shall 
                have jurisdiction to order all appropriate relief, 
                including injunctive relief, compensatory and exemplary 
                damages, including--
                            ``(i) affirmative action to abate the 
                        violation;
                            ``(ii) reinstatement without loss of 
                        position or seniority, and restoration of the 
                        terms, rights, conditions, and privileges 
                        associated with the complainant's employment, 
                        including opportunities for promotions to 
                        positions with equivalent or better 
                        compensation for which the complainant is 
                        qualified;
                            ``(iii) compensatory and consequential 
                        damages sufficient to make the complainant 
                        whole, (including back pay, prejudgment 
                        interest, and other damages); and
                            ``(iv) expungement of all warnings, 
                        reprimands, or derogatory references that have 
                        been placed in paper or electronic records or 
                        databases of any type relating to the actions 
                        by the complainant that gave rise to the 
                        unfavorable personnel action, and, at the 
                        complainant's direction, transmission of a copy 
                        of the decision on the complaint to any person 
                        whom the complainant reasonably believes may 
                        have received such unfavorable information.
                    ``(B) Attorneys' fees and costs.--If the Secretary 
                or an administrative law judge, review board, or court 
                grants an order for relief under subparagraph (A), the 
                Secretary, administrative law judge, review board, or 
                court, respectively, shall assess, at the request of 
                the employee against the employer--
                            ``(i) reasonable attorneys' fees; and
                            ``(ii) costs (including expert witness 
                        fees) reasonably incurred, as determined by the 
                        Secretary, administrative law judge, review 
                        board, or court, respectively, in connection 
                        with bringing the complaint upon which the 
                        order was issued.
            ``(15)  Procedural rights.--The rights and remedies 
        provided for in this subsection may not be waived by any 
        agreement, policy, form, or condition of employment, including 
        by any pre-dispute arbitration agreement or collective 
        bargaining agreement.
            ``(16) Savings.--Nothing in this subsection shall be 
        construed to diminish the rights, privileges, or remedies of 
        any employee who exercises rights under any Federal or State 
        law or common law, or under any collective bargaining 
        agreement.
            ``(17) Election of venue.--
                    ``(A) In general.--An employee of an employer who 
                is located in a State that has a State plan approved 
                under section 18 may file a complaint alleging a 
                violation of paragraph (1) or (2) by such employer 
                with--
                            ``(i) the Secretary under paragraph (5); or
                            ``(ii) a State plan administrator in such 
                        State.
                    ``(B) Referrals.--If--
                            ``(i) the Secretary receives a complaint 
                        pursuant to subparagraph (A)(i), the Secretary 
                        shall not refer such complaint to a State plan 
                        administrator for resolution; or
                            ``(ii) a State plan administrator receives 
                        a complaint pursuant to subparagraph (A)(ii), 
                        the State plan administrator shall not refer 
                        such complaint to the Secretary for 
                        resolution.''.
    (d) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C. 
666(j)) is amended by inserting before the period the following: ``, 
including the history of violations under section 11(c)''.

      TITLE III--IMPROVING REPORTING, INSPECTION, AND ENFORCEMENT

SEC. 301. POSTING OF EMPLOYEE RIGHTS.

    Section 8(c)(1) (29 U.S.C. 657(c)(1)) is amended by adding at the 
end the following new sentence: ``Such regulations shall include 
provisions requiring employers to post for employees information on the 
protections afforded under section 11(c).''.

SEC. 302. EMPLOYER REPORTING OF WORK-RELATED DEATHS AND 
              HOSPITALIZATIONS AND PROHIBITION ON DISCOURAGING EMPLOYEE 
              REPORTS OF INJURY OR ILLNESS.

    Section 8(c)(2) (29 U.S.C. 657(c)(2)) is amended by adding at the 
end the following new sentences: ``Such regulations shall require 
employers to promptly notify the Secretary of any work-related death or 
work-related injury or illness that results in the in-patient 
hospitalization of an employee for medical treatment. Such regulations 
shall also prohibit the employer from adopting or implementing policies 
or practices by the employer that have the effect of discouraging 
accurate recordkeeping and the reporting of work-related injuries or 
illnesses by any employee or in any manner discriminates or provides 
for adverse action against any employee for reporting a work-related 
injury or illness.''

SEC. 303. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS.

    Section 8(e) (29 U.S.C. 657(e)) is amended by inserting after the 
first sentence the following: ``Time spent by an employee participating 
in or aiding any such inspection shall be deemed to be hours worked and 
no employee shall suffer any loss of wages, benefits, or other terms 
and conditions of employment for having participated in or aided any 
such inspection.''.

SEC. 304. INVESTIGATIONS OF FATALITIES AND SIGNIFICANT INCIDENTS.

    Section 8 (29 U.S.C. 657) is amended by adding at the end the 
following new subsection:
    ``(i) Investigation of Fatalities and Serious Incidents.--
    ``(1) In General.--The Secretary shall investigate any significant 
incident or an incident resulting in death that occurs in a place of 
employment.
    ``(2) Appropriate Measures.--If a significant incident or an 
incident resulting in death occurs in a place of employment, the 
employer shall promptly notify the Secretary of the incident involved 
and shall take appropriate measures to prevent the destruction or 
alteration of any evidence that would assist in investigating the 
incident. The appropriate measures required by this paragraph do not 
prevent an employer from taking action on a worksite to prevent injury 
to employees or substantial damage to property or to avoid disruption 
of essential services necessary to public safety. If an employer takes 
such action, the employer shall notify the Secretary of the action in a 
timely fashion.
    ``(3) Definitions.--In this subsection:
            ``(A) Incident resulting in death.--The term `incident 
        resulting in death' means an incident that results in the death 
        of an employee.
            ``(B) Significant incident.--The term `significant 
        incident' means an incident that results in the in-patient 
        hospitalization of 2 or more employees for medical 
        treatment.''.

SEC. 305. PROHIBITION ON UNCLASSIFIED CITATIONS.

    Section 9 (29 U.S.C. 658) is amended by adding at the end the 
following:
    ``(d) No citation for a violation of this Act may be issued, 
modified, or settled under this section without a designation 
enumerated in section 17 with respect to such violation.''.

SEC. 306. VICTIMS' RIGHTS.

    The Occupational Safety and Health Act of 1970 is amended by 
inserting after section 9 (29 U.S.C. 658) the following:

``SEC. 9A. VICTIMS' RIGHTS.

    ``(a) Rights Before the Secretary.--A victim or the representative 
of a victim, shall be afforded the right, with respect to an inspection 
or investigation conducted under section 8 to--
            ``(1) meet with the Secretary regarding the inspection or 
        investigation conducted under such section before the 
        Secretary's decision to issue a citation or take no action;
            ``(2) receive, at no cost, a copy of any citation or 
        report, issued as a result of such inspection or investigation, 
        at the same time as the employer receives such citation or 
        report;
            ``(3) be informed of any notice of contest or addition of 
        parties to the proceedings filed under section 10(c); and
            ``(4) be provided notification of the date and time or any 
        proceedings, service of pleadings, and other relevant 
        documents, and an explanation of the rights of the employer, 
        employee and employee representative, and victim to participate 
        in proceedings conducted under section 10(c).
    ``(b) Rights Before the Commission.--Upon request, a victim or 
representative of a victim shall be afforded the right with respect to 
a work-related bodily injury or death to--
            ``(1) be notified of the time and date of any proceeding 
        before the Commission;
            ``(2) receive pleadings and any decisions relating to the 
        proceedings; and
            ``(3) be provided an opportunity to appear and make a 
        statement in accordance with the rules prescribed by the 
        Commission.
    ``(c) Modification of Citation.--Before entering into an agreement 
to withdraw or modify a citation issued as a result of an inspection or 
investigation of an incident under section 8, the Secretary shall 
notify a victim or representative of a victim and provide the victim or 
representative of a victim with an opportunity to appear and make a 
statement before the parties conducting settlement negotiations. In 
lieu of an appearance, the victim or representative of the victim may 
elect to submit a letter to the Secretary and the parties.
    ``(d) Secretary Procedures.--The Secretary shall establish 
procedures--
            ``(1) to inform victims of their rights under this section; 
        and
            ``(2) for the informal review of any claim of a denial of 
        such a right.
    ``(e) Commission Procedures and Considerations.--The Commission 
shall--
            ``(1) establish procedures relating to the rights of 
        victims to be heard in proceedings before the Commission; and
            ``(2) in rendering any decision, provide due consideration 
        to any statement or information provided by any victim before 
        the Commission.
    ``(f) Family Liaisons.--The Secretary shall designate at least 1 
employee at each area office of the Occupational Safety and Health 
Administration to serve as a family liaison to--
            ``(1) keep victims informed of the status of 
        investigations, enforcement actions, and settlement 
        negotiations; and
            ``(2) assist victims in asserting their rights under this 
        section.
    ``(g) Definition.--In this section, the term `victim' means--
            ``(1) an employee, including a former employee, who has 
        sustained a work-related injury or illness that is the subject 
        of an inspection or investigation conducted under section 8; or
            ``(2) a family member (as further defined by the Secretary) 
        of a victim described in paragraph (1), if--
                    ``(A) the victim dies as a result of a incident 
                that is the subject of an inspection or investigation 
                conducted under section 8; or
                    ``(B) the victim sustains a work-related injury or 
                illness that is the subject of an inspection or 
                investigation conducted under section 8, and the victim 
                because of incapacity cannot reasonably exercise the 
                rights under this section.''.

SEC. 307. RIGHT TO CONTEST CITATIONS AND PENALTIES.

    Section 10(c) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659(c)) is amended--
            (1) in the first sentence--
                    (A) by inserting after ``that he intends to contest 
                a citation issued under section (9)'' the following: 
                ``(or a modification of a citation issued under this 
                section)'';
                    (B) by inserting after ``the issuance of a citation 
                under section 9'' the following: ``(including a 
                modification of a citation issued under such 
                section)''; and
                    (C) by inserting after ``files a notice with the 
                Secretary alleging'' the following: ``that the citation 
                fails properly to designate the violation as serious, 
                willful, or repeated, that the proposed penalty is not 
                adequate, or'';
            (2) by inserting after the first sentence, the following: 
        ``The pendency of a contest before the Commission shall not bar 
        the Secretary from inspecting a place of employment or from 
        issuing a citation under section 9.''; and
            (3) by amending the last sentence--
                    (A) by inserting ``employers and'' after 
                ``Commission shall provide''; and
                    (B) by inserting before the period at the end ``, 
                and notification of any modification of a citation''.

SEC. 308. CORRECTION OF SERIOUS, WILLFUL, OR REPEATED VIOLATIONS 
              PENDING CONTEST AND PROCEDURES FOR A STAY.

    Section 10 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 659) is amended by adding at the end the following:
    ``(d) Correction of Serious, Willful, or Repeated Violations 
Pending Contest and Procedures for a Stay.--
            ``(1) Period permitted for correction of serious, willful, 
        or repeated violations.--For each violation which the Secretary 
        designates as serious, willful, or repeated, the period 
        permitted for the correction of the violation shall begin to 
        run upon receipt of the citation.
            ``(2) Filing of a motion of contest.--The filing of a 
        notice of contest by an employer--
                    ``(A) shall not operate as a stay of the period for 
                correction of a violation designated as serious, 
                willful, or repeated; and
                    ``(B) may operate as a stay of the period for 
                correction of a violation not designated by the 
                Secretary as serious, willful, or repeated.
            ``(3) Criteria and rules of procedure for stays.--
                    ``(A) Motion for a stay.--An employer that receives 
                a citation alleging a violation designated as serious, 
                willful, or repeated and that files a notice of contest 
                to the citation asserting that the time set for 
                abatement of the alleged violation is unreasonable or 
                challenging the existence of the alleged violation may 
                file with the Commission a motion to stay the period 
                for the abatement of the violation.
                    ``(B) Criteria.--In determining whether a stay 
                should be issued on the basis of a motion filed under 
                subparagraph (A), the Commission may grant a stay only 
                if the employer has demonstrated--
                            ``(i) a substantial likelihood of success 
                        on the areas contested under subparagraph (A); 
                        and
                            ``(ii) that a stay will not adversely 
                        affect the health and safety of workers.
                    ``(C) Rules of procedure.--The Commission shall 
                develop rules of procedure for conducting a hearing on 
                a motion filed under subparagraph (A) on an expedited 
                basis. At a minimum, such rules shall provide:
                            ``(i) That a hearing before an 
                        administrative law judge shall occur not later 
                        than 15 days following the filing of the motion 
                        for a stay (unless extended at the request of 
                        the employer), and shall provide for a decision 
                        on the motion not later than 15 days following 
                        the hearing (unless extended at the request of 
                        the employer).
                            ``(ii) That a decision of an administrative 
                        law judge on a motion for stay is rendered on a 
                        timely basis.
                            ``(iii) That if a party is aggrieved by a 
                        decision issued by an administrative law judge 
                        regarding the stay, such party has the right to 
                        file an objection with the Commission not later 
                        than 5 days after receipt of the administrative 
                        law judge's decision. Within 10 days after 
                        receipt of the objection, a Commissioner, if a 
                        quorum is seated pursuant to section 12(f), 
                        shall decide whether to grant review of the 
                        objection. If, within 10 days after receipt of 
                        the objection, no decision is made on whether 
                        to review the decision of the administrative 
                        law judge, the Commission declines to review 
                        such decision, or no quorum is seated, the 
                        decision of the administrative law judge shall 
                        become a final order of the Commission. If the 
                        Commission grants review of the objection, the 
                        Commission shall issue a decision regarding the 
                        stay not later than 30 days after receipt of 
                        the objection. If the Commission fails to issue 
                        such decision within 30 days, the decision of 
                        the administrative law judge shall become a 
                        final order of the Commission.
                            ``(iv) For notification to employees or 
                        representatives of affected employees of 
                        requests for such hearings and shall provide 
                        affected employees or representatives of 
                        affected employees an opportunity to 
                        participate as parties to such hearings.''.

SEC. 309. CONFORMING AMENDMENTS.

    (a) Violations Designated as Serious, Willful, or Repeated.--The 
first sentence of section 10(b) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 659(b)) is amended by inserting ``, with the 
exception of violations designated as serious, willful, or repeated,'' 
after ``(which period shall not begin to run''.
    (b) Judicial Review.--The first sentence of section 11(a) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 660(a)) is 
amended--
            (1) by inserting ``(or the failure of the Commission, 
        including an administrative law judge, to make a timely 
        decision on a request for a stay under section 10(d))'' after 
        ``an order'';
            (2) by striking ``subsection (c)'' and inserting 
        ``subsections (c) and (d)''; and
            (3) by inserting ``(or in the case of a petition from a 
        final Commission order regarding a stay under section 10(d), 15 
        days)'' after ``sixty days''.
    (c) Failure To Correct Violations.--Section 17(d) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 666(d)) is 
amended to read as follows:
    ``(d) Any employer who fails to correct a violation designated by 
the Secretary as serious, willful, or repeated and for which a citation 
has been issued under section 9(a) within the period permitted for its 
correction (and a stay has not been issued by the Commission under 
section 10(d)) may be assessed a civil penalty of not more than $7,000 
for each day during which such failure or violation continues. Any 
employer who fails to correct any other violation for which a citation 
has been issued under section 9(a) of this title within the period 
permitted for its correction (which period shall not begin to run until 
the date of the final order of the Commission in the case of any review 
proceeding under section 10 initiated by the employer in good faith and 
not solely for delay of avoidance of penalties) may be assessed a civil 
penalty of not more than $7,000 for each day during which such failure 
or violation continues.''.

SEC. 310. CIVIL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$70,000'' and inserting 
                ``$120,000'';
                    (B) by striking ``$5,000'' and inserting 
                ``$8,000''; and
                    (C) by adding at the end the following: ``In 
                determining whether a violation is repeated, the 
                Secretary or the Commission shall consider the 
                employer's history of violations under this Act and 
                under State occupational safety and health plans 
                established under section 18. If such a willful or 
                repeated violation caused or contributed to the death 
                of an employee, such civil penalty amounts shall be 
                increased to not more than $250,000 for each such 
                violation, but not less than $50,000 for each such 
                violation, except that for an employer with 25 or fewer 
                employees such penalty shall not be less than $25,000 
                for each such violation.'';
            (2) in subsection (b)--
                    (A) by striking ``$7,000'' and inserting 
                ``$12,000''; and
                    (B) by adding at the end the following: ``If such a 
                violation caused or contributed to the death of an 
                employee, such civil penalty amounts shall be increased 
                to not more than $50,000 for each such violation, but 
                not less than $20,000 for each such violation, except 
                that for an employer with 25 or fewer employees such 
                penalty shall not be less than $10,000 for each such 
                violation.'';
            (3) in subsection (c), by striking ``$7,000'' and inserting 
        ``$12,000'';
            (4) in subsection (d), as amended, by striking ``$7,000'' 
        each place it occurs and inserting ``$12,000'';
            (5) by redesignating subsections (e) through (i) as 
        subsections (f) through (j), and subsections (j) through (l) as 
        subsections (l) through (n) respectively; and
            (6) in subsection (j) (as so redesignated) by striking 
        ``$7,000'' and inserting ``$12,000''.
    (b) Inflation Adjustment.--Section 17 is further amended by 
inserting after subsection (d) the following:
    ``(e) Amounts provided under this section for civil penalties shall 
be adjusted by the Secretary at least once during each 4-year period 
beginning January 1, 2015, to account for the percentage increase or 
decrease in the Consumer Price Index for all urban consumers during 
such period.''.

SEC. 311. CRIMINAL PENALTIES.

    (a) In General.--Section 17 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 666) (as amended by section 310) is further 
amended--
            (1) by amending subsection (f) (as redesignated by section 
        310) to read as follows:
    ``(f)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6 of this Act, or of any regulation 
prescribed under this Act, and that violation caused or significantly 
contributed to the death of any employee, shall, upon conviction, be 
punished by a fine in accordance with title 18, United States Code, or 
by imprisonment for not more than 10 years, or both, except that if the 
conviction is for a violation committed after a first conviction of 
such person under this subsection or subsection (i), punishment shall 
be by a fine in accordance title 18, United States Code, or by 
imprisonment for not more than 20 years, or by both.
    ``(2) For the purpose of this subsection, the term `employer' 
means, in addition to the definition contained in section 3 of this 
Act, any officer or director.'';
            (2) by amending subsection (g) (as redesignated by section 
        310) to read as follows:
    ``(g) Unless otherwise authorized by this Act, any person that 
knowingly gives, causes to give, or attempts to give or cause to give, 
advance notice of any inspection conducted under this Act with the 
intention of impeding, interfering with, or adversely affecting the 
results of such inspection, shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, or both.''.
            (3) in subsection (h) (as redesignated by section 310), by 
        striking ``fine of not more than $10,000, or by imprisonment 
        for not more than six months,'' and inserting ``fine in 
        accordance with title 18, United States Code, or by 
        imprisonment for not more than 5 years,''; and
            (4) by inserting after subsection (j) (as redesignated by 
        section 310) the following:
    ``(k)(1) Any employer who knowingly violates any standard, rule, or 
order promulgated under section 6, or any regulation prescribed under 
this Act, and that violation caused or significantly contributed to 
serious bodily harm to any employee but does not cause death to any 
employee, shall, upon conviction, be punished by a fine in accordance 
with title 18, United States Code, or by imprisonment for not more than 
5 years, or by both, except that if the conviction is for a violation 
committed after a first conviction of such person under this subsection 
or subsection (e), punishment shall be by a fine in accordance with 
title 18, United States Code, or by imprisonment for not more than 10 
years, or by both.
    ``(2) For the purpose of this subsection, the term `employer' 
means, in addition to the definition contained in section 3 of this 
Act, any officer or director.
    ``(3) For purposes of this subsection, the term `serious bodily 
harm' means bodily injury or illness that involves--
            ``(A) a substantial risk of death;
            ``(B) protracted unconsciousness;
            ``(C) protracted and obvious physical disfigurement; or
            ``(D) protracted loss or impairment, either temporary or 
        permanent, of the function of a bodily member, organ, or mental 
        faculty.''.
    (b) Jurisdiction for Prosecution Under State and Local Criminal 
Laws.--Such section is further amended by adding at the end the 
following:
    ``(o) Nothing in this Act shall preclude a State or local law 
enforcement agency from conducting criminal prosecutions in accordance 
with the laws of such State or locality.''.

SEC. 312. PREJUDGMENT INTEREST.

    Section 17(n) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 666(n)) (as redesignated by section 310) is amended by adding at 
the end the following: ``Pre-final order interest on such penalties 
shall begin to accrue on the date the party contests a citation issued 
under this Act, and shall end upon the issuance of the final order. 
Such pre-final order interest shall be calculated at the current 
underpayment rate determined by the Secretary of the Treasury pursuant 
to section 6621 of the Internal Revenue Code of 1986, and shall be 
compounded daily. Post-final order interest shall begin to accrue 30 
days after the date a final order of the Commission or the court is 
issued, and shall be charged at the rate of 8 percent per year.''.

                         TITLE IV--STATE PLANS

SEC. 401. CONCURRENT ENFORCEMENT AUTHORITY AND REVIEW OF STATE 
              OCCUPATIONAL SAFETY AND HEALTH PLANS.

    Section 18 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 668) is amended--
            (1) by amending subsection (f) to read as follows:
    ``(f)(1) The Secretary shall, on the basis of reports submitted by 
the State agency and the Secretary's own inspections, make a continuing 
evaluation of the manner in which each State that has a plan approved 
under this section is carrying out such plan. Such evaluation shall 
include an assessment of whether the State continues to meet the 
requirements of subsection (c) of this section and any other criteria 
or indices of effectiveness specified by the Secretary in regulations. 
Whenever the Secretary finds, on the basis of such evaluation, that in 
the administration of the State plan there is a failure to comply 
substantially with any provision of the State plan (or any assurance 
contained therein), the Secretary shall make an initial determination 
of whether the failure is of such a nature that the plan should be 
withdrawn or whether the failure is of such a nature that the State 
should be given the opportunity to remedy the deficiencies, and provide 
notice of the Secretary's findings and initial determination.
    ``(2) If the Secretary makes an initial determination to reassert 
and exercise concurrent enforcement authority while the State is given 
an opportunity to remedy the deficiencies, the Secretary shall afford 
the State an opportunity for a public hearing within 15 days of such 
request, provided that such request is made not later than 10 days 
after Secretary's notice to the State. The Secretary shall review and 
consider the testimony, evidence, or written comments, and not later 
than 30 days following such hearing, make a determination to affirm, 
reverse, or modify the Secretary's initial determination to reassert 
and exercise concurrent enforcement authority under sections 8, 9, 10, 
13, and 17 with respect to standards promulgated under section 6 and 
obligations under section 5(a). Following such a determination by the 
Secretary, or in the event that the State does not request a hearing 
within the time frame set forth in this paragraph, the Secretary may 
reassert and exercise such concurrent enforcement authority, while a 
final determination is pending under paragraph (3) or until the 
Secretary has determined that the State has remedied the deficiencies 
as provided under paragraph (4). Such determination shall be published 
in the Federal Register. The procedures set forth in section 18(g) 
shall not apply to a determination by the Secretary to reassert and 
exercise such concurrent enforcement authority.
    ``(3) If the Secretary makes an initial determination that the plan 
should be withdrawn, the Secretary shall provide due notice and the 
opportunity for a hearing. If based on the evaluation, comments, and 
evidence, the Secretary makes a final determination that there is a 
failure to comply substantially with any provision of the State plan 
(or any assurance contained therein), he shall notify the State agency 
of the withdrawal of approval of such plan and upon receipt of such 
notice such plan shall cease to be in effect, but the State may retain 
jurisdiction in any case commenced before the withdrawal of the plan in 
order to enforce standards under the plan whenever the issues involved 
do not relate to the reasons for the withdrawal of the plan.
    ``(4) If the Secretary makes a determination that the State should 
be provided the opportunity to remedy the deficiencies, the Secretary 
shall provide the State an opportunity to respond to the Secretary's 
findings and the opportunity to remedy such deficiencies within a time 
period established by the Secretary, not to exceed 1 year. The 
Secretary may extend and revise the time period to remedy such 
deficiencies, if the State's legislature is not in session during this 
1-year time period, or if the State demonstrates that it is not 
feasible to correct the deficiencies in the time period set by the 
Secretary, and the State has a plan to correct the deficiencies within 
a reasonable time period. If the Secretary finds that the State agency 
has failed to remedy such deficiencies within the time period specified 
by the Secretary and that the State plan continues to fail to comply 
substantially with a provision of the State plan, the Secretary shall 
withdraw the State plan as provided for in paragraph (3).''; and
            (2) by adding at the end the following new subsection:
    ``(i) Not later than 18 months after the date of enactment of this 
subsection, and every 5 years thereafter, the Comptroller General shall 
complete and issue a review of the effectiveness of State plans to 
develop and enforce safety and health standards to determine if they 
are at least as effective as the Federal program and to evaluate 
whether the Secretary's oversight of State plans is effective. The 
Comptroller General's evaluation shall assess--
            ``(1) the effectiveness of the Secretary's oversight of 
        State plans, including the indices of effectiveness used by the 
        Secretary;
            ``(2) whether the Secretary's investigations in response to 
        Complaints About State Plan Administration (CASPA) are 
        adequate, whether significant policy issues have been 
        identified by headquarters and corrective actions are fully 
        implemented by each State;
            ``(3) whether the formula for the distribution of funds 
        described in section 23(g) to State programs is fair and 
        adequate; and
            ``(4) whether State plans are as effective as the Federal 
        program in preventing occupational injuries, illnesses and 
        deaths, and investigating discrimination complaints, through an 
        evaluation of at least 20 percent of approved State plans, and 
        which shall cover--
                    ``(A) enforcement effectiveness, including handling 
                of fatalities, serious incidents and complaints, 
                compliance with inspection procedures, hazard 
                recognition, verification of abatement, violation 
                classification, citation and penalty issuance, 
                including appropriate use of willful and repeat 
                citations, and employee involvement;
                    ``(B) inspections, the number of programmed health 
                and safety inspections at private and public sector 
                establishments, and whether the State targets the 
                highest hazard private sector work sites and facilities 
                in that State;
                    ``(C) budget and staffing, including whether the 
                State is providing adequate budget resources to hire, 
                train and retain sufficient numbers of qualified staff, 
                including timely filling of vacancies;
                    ``(D) administrative review, including the quality 
                of decisions, consistency with Federal precedence, 
                transparency of proceedings, decisions and records are 
                available to the public, adequacy of State defense, and 
                whether the State appropriately appeals adverse 
                decisions;
                    ``(E) anti-discrimination, including whether 
                discrimination complaints are processed in a timely 
                manner, whether supervisors and investigators are 
                properly trained to investigate discrimination 
                complaints, whether a case file review indicates merit 
                cases are properly identified consistent with Federal 
                policy and procedure, whether employees are notified of 
                their rights, and whether there is an effective process 
                for employees to appeal the dismissal of a complaint;
                    ``(F) program administration, including whether the 
                State's standards and policies are at least as 
                effective as the Federal program and are updated in a 
                timely manner, and whether National Emphasis Programs 
                that are applicable in such States are adopted and 
                implemented in a manner that is at least as effective 
                as the Federal program;
                    ``(G) whether the State plan satisfies the 
                requirements for approval set forth in this section and 
                its implementing regulations; and
                    ``(H) other such factors identified by the 
                Comptroller General, or as requested by the Committee 
                on Education and the Workforce of the House of 
                Representatives or the Committee on Health, Education, 
                Labor and Pensions of the Senate.''.

     TITLE V--NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NATIONAL INSTITUTE FOR 
              OCCUPATIONAL SAFETY AND HEALTH.

    Section 20(a)(6) of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 669(a)(6)) is amended by striking the second sentence and 
inserting the following: ``The Secretary shall determine following a 
written request by any employer, authorized representative of current 
or former employees, physician, other Federal agency, or State or local 
health department, specifying with reasonable particularity the grounds 
on which the request is made, whether any substance normally found in 
the place of employment has potentially toxic effects in such 
concentrations as used or found or whether any physical agents, 
equipment, or working condition found or used has potentially hazardous 
effects; and shall submit such determination both to employers and 
affected employees as soon as possible.''.

                        TITLE VI--EFFECTIVE DATE

SEC. 601. EFFECTIVE DATE.

    (a) General Rule.--Except as provided for in subsection (b), this 
Act and the amendments made by this Act shall take effect not later 
than 90 days after the date of the enactment of this Act.
    (b) Exception for States and Political Subdivisions.--The following 
are exceptions to the effective date described in subsection (a):
            (1) A State that has a State plan approved under section 18 
        of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
        667) shall amend its State plan to conform with the 
        requirements of this Act and the amendments made by this Act 
        not later than 12 months after the date of the enactment of 
        this Act. The Secretary of Labor may extend the period for a 
        State to make such amendments to its State plan by not more 
        than 12 months, if the State's legislature is not in session 
        during the 12-month period beginning with the date of the 
        enactment of this Act. Such amendments to the State plan shall 
        take effect not later than 90 days after the adoption of such 
        amendments by such State.
            (2) This Act and the amendments made by this Act shall take 
        effect not later than 36 months after the date of the enactment 
        of this Act with respect to a workplace of a State, or a 
        political subdivision of a State, that does not have a State 
        plan approved under section 18 (29 U.S.C. 667).
                                 <all>