[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1074 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1074
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 HOUSE OF REPRESENTATIVES
February 7, 2019
Mr. Courtney (for himself, Mr. Scott of Virginia, Ms. Adams, Ms.
Bonamici, Mr. Garamendi, Mr. DeSaulnier, Ms. Wilson of Florida, Mr.
Takano, Mr. Grijalva, Mr. Espaillat, Mr. Sablan, Mr. Norcross, Mr.
Levin of Michigan, Ms. Omar, Mr. Morelle, Ms. Wild, Mr. Nadler, Mr.
Pallone, Ms. Schakowsky, Ms. Norton, Ms. Titus, Mr. Pocan, Mr. Lynch,
Ms. Moore, Ms. Lee of California, Mr. Visclosky, Mr. Krishnamoorthi,
and Mrs. Lee of Nevada) 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 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, AUTHORIZED EMPLOYEE
REPRESENTATIVES, VOLUNTARY EMERGENCY RESPONDERS, AND APPLICATION OF ACT
Sec. 101. Coverage of public employees.
Sec. 102. Authorized employee representatives.
Sec. 103. Application of Act.
TITLE II--INCREASING WHISTLEBLOWER PROTECTIONS
Sec. 201. Enhanced protections from retaliation.
TITLE III--IMPROVING REPORTING, INSPECTION, AND ENFORCEMENT
Part A--Duties and Standards
Sec. 301. General duty of employers.
Sec. 302. Occupational safety and health standards.
Part B--Inspections, Investigations, and Recordkeeping
Sec. 311. Posting of employee rights.
Sec. 312. Employer reporting of work-related injuries, illness, deaths,
and hospitalizations; prohibition on
discouraging employee reporting.
Sec. 313. No loss of employee pay for inspections.
Sec. 314. Investigations of fatalities and significant incidents.
Sec. 315. Recordkeeping.
Part C--Citations
Sec. 321. Period for issuance of a citation.
Sec. 322. Prohibition on unclassified citations.
Part D--Rights of Victims and Families
Sec. 331. Rights of victims and families.
Part E--Procedure for Enforcement
Sec. 341. Right to contest citations and penalties.
Sec. 342. Correction of serious, willful, or repeated violations
pending contest and procedures for a stay.
Sec. 343. Inaction by the Review Commission.
Sec. 344. Conforming amendments.
Part F--Penalties
Sec. 351. Civil penalties.
Sec. 352. Criminal penalties.
Sec. 353. Prejudgment interest.
TITLE IV--STATE PLANS
Sec. 401. Concurrent enforcement authority and review of State
occupational safety and health plans.
Sec. 402. Evaluation of repeated violations in State plans.
TITLE V--NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
Sec. 501. Health hazard evaluations by the National Institute for
Occupational Safety and Health.
Sec. 502. Training and employee education.
TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
TITLE I--COVERAGE OF PUBLIC EMPLOYEES, AUTHORIZED EMPLOYEE
REPRESENTATIVES, VOLUNTARY EMERGENCY RESPONDERS, 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. AUTHORIZED EMPLOYEE REPRESENTATIVES.
Section 3 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 652) is amended by adding at the end the following:
``(15) Authorized employee representative.--The term
`authorized employee representative'--
``(A) means any person or organization that for the
purposes of this Act represents not less than one
employee at an establishment, factory, plant,
construction site, or other workplace, or other
environment where work is performed by an employee for
an employer; and
``(B) includes a representative authorized by
employees, a representative of employees, or any other
representative of an employee under this Act.''.
SEC. 103. 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 such paragraph. Upon
receipt of such a petition, the Secretary shall investigate the matter
involved and shall, not later than 90 days after the 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) 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)(A), 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 a preliminary order
under 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, administrative law judge,
review board, 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
PART A--DUTIES AND STANDARDS
SEC. 301. GENERAL DUTY OF EMPLOYERS.
Section 5 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 654(a)(1)) is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) shall furnish employment and a place of employment
that are free from recognized hazards that are causing or are
likely to cause death or serious physical harm and that the
employer creates or controls or to which the employer exposes
any employee of the employer or any other person performing
work at the place of employment; and''; and
(2) by adding at the end the following new subsection:
``(c) Each employee or other person exposed to a hazard in
violation of subsection (a) may constitute a separate violation.''.
SEC. 302. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.
Section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655) is amended--
(1) in subsection (a)--
(A) by striking ``Without regard'' and inserting
``(1) Without regard'';
(B) by striking ``chapter 5'' and inserting
``chapters 5 and 6'';
(C) by striking ``shall, as soon as practicable''
and inserting the following: ``shall--
``(A) as soon as practicable'';
(D) by striking ``In the'' and inserting the
following:
``(2) In the'';
(E) by striking ``designated employees.'' and
inserting ``designated employees; and'';
(F) by adding at the end of paragraph (1) (as
designated by subparagraph (A)) the following:
``(B) not later than 2 years after the effective
date of section 601(a) of the Protecting America's
Workers Act, by rule update any national consensus
standard that has been promulgated or incorporated by
reference pursuant to this subsection, except that such
a standard shall not be updated pursuant to this
subparagraph, if--
``(i) the standard has been superseded by a
standard promulgated pursuant to subsection
(b); or
``(ii) the Secretary determines such update
would not result in improved health or safety
for specifically designated employees.''; and
(G) in paragraph (2) (as designated by subparagraph
(D)), by inserting ``including national consensus
standards, or in the event of a consolidation of
national consensus standards,'' after ``conflict among
any such standards,''; and
(2) by adding at the end the following:
``(h) No standard, rule, or regulation promulgated under this Act
shall reduce the protection afforded by an existing health or safety
standard, rule, regulation, or national consensus standard.''.
PART B--INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 311. POSTING OF EMPLOYEE RIGHTS.
Section 8(c)(1) of the Occupational Safety and Health Act of 1970
(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. 312. EMPLOYER REPORTING OF WORK-RELATED INJURIES, ILLNESS, DEATHS,
AND HOSPITALIZATIONS; PROHIBITION ON DISCOURAGING
EMPLOYEE REPORTING.
Section 8(c)(2) of such Act (29 U.S.C. 657(c)(2)) is amended by
adding at the end the following: ``Such regulations shall contain the
following:
``(A) A requirement that employers promptly notify
the Secretary of any work-related death or work-related
injury or illness that results in the in-patient
hospitalization of any employee for medical treatment,
amputation, or loss of an eye.
``(B) A prohibition on the adoption or
implementation by employers of policies or practices
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.
``(C) A requirement that, at a minimum, employers
subject to the requirements of sections 1904.41 and
1902.7(d) of title 29, Code of Federal Regulations (as
amended by the final regulations of the Department of
Labor published in the Federal Register on May 12, 2016
(81 Fed. Reg. 29624 et seq.)) shall, on at least an
annual basis, electronically report to the Secretary
information from the records of work-related deaths,
injuries, and illnesses required to be made and
maintained under this paragraph, which shall include
the information required to be made and maintained in
accordance with such sections 1904.41 and 1902.7(d),
and a requirement that the Secretary make such reports
available to the public in a searchable format.
``(D) A requirement that each site-controlling
employer keep, maintain, and make available a site log
for all recordable injuries and illnesses occurring for
any employee at each work site for which the employer
is the site-controlling employer, including employees
of the site-controlling employer and others who are
performing work at such site (including independent
contractors). For purposes of this subparagraph, the
term `site-controlling employer' means the employer
that has primary control over a work site at which
employees of more than one employer work, such as by
hiring or coordinating the work of other employers
working at the site.''.
SEC. 313. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS.
Section 8(e) of such Act (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. 314. INVESTIGATIONS OF FATALITIES AND SIGNIFICANT INCIDENTS.
Section 8 of such Act (29 U.S.C. 657), as amended by sections 311
through 313, is further 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) Evidence preservation.--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, provided that 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. 315. RECORDKEEPING.
(a) Rule Required.--Not later than 180 days after the date of
enactment of this Act, the Occupational Safety and Health
Administration shall issue a final rule amending its recordkeeping
regulations under section 8(c) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 657(c)) to clarify that--
(1) the duty to make and maintain accurate records of work-
related injuries and illnesses is an ongoing obligation;
(2) the duty to make and maintain such records continues
for as long as the employer is required to keep records of the
recordable injury or illness; and
(3) such duty does not expire solely because the employer
fails to create the necessary records when first required to do
so.
(b) Authorization.--Subsection (a) shall be considered a specific
authorization by Congress in accordance with section 801(b)(2) of title
5, United States Code, with respect to the issuance of a new
recordkeeping rule.
PART C--CITATIONS
SEC. 321. PERIOD FOR ISSUANCE OF A CITATION.
Section 9(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 658(c)) is amended by adding at the end the following: ``For
purposes of this subsection, a violation continues to occur for as long
as an employer has not satisfied the requirements, rules, standards,
orders, and regulations referenced in subsection (a).''.
SEC. 322. PROHIBITION ON UNCLASSIFIED CITATIONS.
Section 9 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 658) is further 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.''.
PART D--RIGHTS OF VICTIMS AND FAMILIES
SEC. 331. RIGHTS OF VICTIMS AND FAMILIES.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) 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 an 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.''.
PART E--PROCEDURE FOR ENFORCEMENT
SEC. 341. 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. 342. 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 further 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. 343. INACTION BY THE REVIEW COMMISSION.
Section 10 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 659), as amended by sections 341 and 342, is further amended by
adding at the end the following:
``(e) Inaction by Review Commission.--
``(1) In general.--A decision or order issued by an
administrative law judge of the Commission for which a petition
for review has been filed in a timely manner, and for which 1
year after the Commission has accepted such petition and
directed that such petition be reviewed by the Commission, the
Commission has failed to issue a final decision or order
because the Commission lacks a quorum--
``(A) shall be deemed a final decision or order of
the Commission; and
``(B) may be appealed pursuant to section 11(a).
``(2) Exception.--Paragraph (1) shall not apply with
respect to motions to stay filed under subsection (d)(3).''.
SEC. 344. 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 petition for a stay or other review)'' after ``an
order'';
(2) by striking ``subsection (c)'' and inserting
``subsection (c), (d), or (e)''; 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.''.
PART F--PENALTIES
SEC. 351. CIVIL PENALTIES.
(a) In General.--Section 17 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 666) is further amended--
(1) in subsection (a)--
(A) by striking ``$70,000'' and inserting
``$129,336'';
(B) by striking ``$5,000'' and inserting
``$9,472''; 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
``$13,260''; 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
``$13,260'';
(4) in subsection (d), as amended by section 344(c), by
striking ``$7,000'' each place it occurs and inserting
``$13,260'';
(5) by redesignating subsections (e) through (i) and
subsections (j) through (l), as subsections (f) through (j) and
subsections (l) through (n), respectively; and
(6) in subsection (j) (as so redesignated) by striking
``$7,000'' and inserting ``$13,260''.
(b) Inflation Adjustment.--Section 17 of such Act (29 U.S.C. 666),
as amended by subsection (a), 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 once each year, not later than January 15
of such year, to account for the percentage increase or decrease in the
Consumer Price Index for all urban consumers during such period,
consistent with the requirements of the Federal Civil Penalties
Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note).''.
SEC. 352. 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 351) is further
amended--
(1) by amending subsection (f) (as redesignated by section
351(a)(5)) 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 with 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
351(a)(5)) 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
351(a)(5)), 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 351(a)(5)) 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 17 (29 U.S.C. 666) 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. 353. PREJUDGMENT INTEREST.
Section 17(n) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666(n)) (as redesignated by section 351(a)(5)) 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 the 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 timeframe 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 again 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 precedent,
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 Labor of the House of Representatives
or the Committee on Health, Education, Labor, and
Pensions of the Senate.''.
SEC. 402. EVALUATION OF REPEATED VIOLATIONS IN STATE PLANS.
Section 18(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 668(c)) is amended--
(1) in paragraph (7), by striking ``, and'' and inserting a
comma;
(2) in paragraph (8), by striking the period at the end and
inserting ``, and''; and
(3) by adding after paragraph 8 the following new
paragraph:
``(9) provides that in determining whether a violation is
repeated, the State shall consider the employer's violations
within the State, in conjunction with the employer's history of
violations under other States' occupational safety and health
plans approved by the Secretary and the employer's history of
violations in those States where the Secretary has jurisdiction
under this Act, in a manner that is at least as effective as
provided under section 17.''.
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.''.
SEC. 502. TRAINING AND EMPLOYEE EDUCATION.
Paragraph (1) of section 21(c) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 670(c)) is amended to read as follows:
``(1) provide for the establishment and supervision of programs for the
education and training of employers and employees in the recognition,
avoidance, and prevention of unsafe or unhealthful working conditions,
and employee rights and employer responsibilities under this Act, which
shall include grant programs to provide grants for nonprofit
organizations (including grants to develop or expand the capacity of
such organizations to provide safety and health training, education,
and related assistance to the targeted audiences, grants for the
training of employees and employers on occupational safety and health
hazards of particular concern or for particular industries, or groups
of workers at high risk of injury, illness, or exposure to hazards, and
grants for the development of training materials on particular topics),
and''.
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 on the date
that is 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 on the date that is 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 such section 18 (29 U.S.C. 667).
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