HR 190

112th CONGRESS
1st Session

H. R. 190

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

January 5, 2011

Ms. WOOLSEY (for herself, Mr. GEORGE MILLER of California, and Ms. HIRONO) introduced the following bill; which was referred to the Committee on Education and the Workforce


A BILL

To amend the Occupational Safety and Health Act of 1970 to 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.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

TITLE II--INCREASING WHISTLEBLOWER PROTECTIONS

TITLE III--IMPROVING REPORTING, INSPECTION, AND ENFORCEMENT

TITLE IV--STATE PLANS

TITLE V--NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

TITLE VI--EFFECTIVE DATE

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

SEC. 101. COVERAGE OF PUBLIC EMPLOYEES.

SEC. 102. APPLICATION OF ACT.

TITLE II--INCREASING WHISTLEBLOWER PROTECTIONS

SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION.

`(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

`(aa) receive any statements or evidence provided to the Secretary;

`(bb) meet with the Secretary; and

`(cc) rebut any statements or evidence; and

TITLE III--IMPROVING REPORTING, INSPECTION, AND ENFORCEMENT

SEC. 301. POSTING OF EMPLOYEE RIGHTS.

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

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

SEC. 304. INVESTIGATIONS OF FATALITIES AND SIGNIFICANT INCIDENTS.

SEC. 305. PROHIBITION ON UNCLASSIFIED CITATIONS.

SEC. 306. VICTIMS' RIGHTS.

`SEC. 9A. VICTIMS' RIGHTS.

SEC. 307. RIGHT TO CONTEST CITATIONS AND PENALTIES.

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

SEC. 309. CONFORMING AMENDMENTS.

SEC. 310. CIVIL PENALTIES.

SEC. 311. CRIMINAL PENALTIES.

SEC. 312. PREJUDGMENT INTEREST.

TITLE IV--STATE PLANS

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

TITLE V--NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

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

TITLE VI--EFFECTIVE DATE

SEC. 601. EFFECTIVE DATE.

END