119-hr3036

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3036 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3036

 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

 April 28, 2025

 Mr. Courtney (for himself, Mr. Scott of Virginia, Ms. Omar, Ms. 
 Bonamici, and Mr. Norcross) introduced the following bill; which was 
 referred to the Committee on Education and Workforce

_______________________________________________________________________

 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 after 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 ``, and notification of any 
 modification of a citation'' before the period at the 
 end.

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 
 ``$700,000'';
        (B) by striking ``$5,000'' and inserting 
 ``$50,000''; 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.'';

    (2) in subsection

    (b) , by striking ``$7,000'' and inserting 
 ``$70,000'';

    (3) in subsection
            (c) , by striking ``$7,000'' and inserting 
 ``$15,625'';

    (4) in subsection
            (d) , as amended by 

section 344
            (c) , by 
 striking ``$7,000'' inserting ``$70,000'';

    (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 ``$15,625''.

    (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 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 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 Workforce 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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