[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5870 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5870

  To amend the Occupational Safety and Health Act of 1970 to require 
immediate notification to an employer of the issuance of a penalty, to 
 prohibit any public notice of such citation for a period of 24 hours 
after issuance of the citation, and to require a public notice where an 
          employer successfully contests any proposed penalty.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2018

 Mr. Grothman (for himself, Mr. Gianforte, and Mr. Rokita) introduced 
 the following bill; which was referred to the Committee on Education 
                           and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Occupational Safety and Health Act of 1970 to require 
immediate notification to an employer of the issuance of a penalty, to 
 prohibit any public notice of such citation for a period of 24 hours 
after issuance of the citation, and to require a public notice where an 
          employer successfully contests any proposed penalty.

    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 ``OSHA Employer Notification Act''.

SEC. 2. IMMEDIATE NOTIFICATION OF CITATION; WAITING PERIOD BEFORE ANY 
              PUBLIC NOTIFICATION; PUBLIC NOTIFICATION OF ANY REDUCTION 
              OF A PENALTY.

    (a) Immediate Notification and Waiting Period.--Section 10(a) of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(a)) is 
amended--
            (1) by inserting after the first sentence the following: 
        ``Immediately after issuing a citation and to the extent 
        possible, the Secretary shall notify the employer by electronic 
        communication or telephone of the issuance of the citation, 
        including the classification of the violation. No public 
        announcement about the citation or notification of proposed 
        penalty shall be made by the Secretary or any other official of 
        the Occupational Safety and Health Administration for at least 
        one full business day after notifying the employer pursuant to 
        the previous sentence. If the Secretary is unable to notify the 
        employer after one full business day of the issuance of the 
        citation, the Secretary may make a public announcement of the 
        determination.'';
            (2) by striking ``receipt of the notice issued by the 
        Secretary'' and inserting ``receipt of the notice by certified 
        mail issued by the Secretary''; and
            (3) by inserting at the end the following: ``If the 
        Secretary issues a public posting on the Department of Labor's 
        website about an alleged citation or notification of proposed 
        penalty that subsequently is settled in part or in whole by the 
        Secretary and the employer, or is vacated or modified in part 
        or in whole by the Occupational Safety and Health Review 
        Commission or a court, then the Secretary with reasonable 
        promptness, shall withdraw the public posting on the 
        Department's website of the initial citation or notification of 
        proposed penalty and replace it with an updated posting that 
        reflects the settlement, vacation or modification, including, 
        if applicable, a citation to the commission or court decision 
        or a description of where the decision can be found.''.
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