I
119THCONGRESS
1
STSESSION H. R. 3036
To amend the Occupational Safety and Health Act of 1970 to expand cov-
erage under the Act, to increase protections for whistleblowers, to in-
crease penalties for high gravity violations, to adjust penalties for infla-
tion, to provide rights for victims or their family members, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL28, 2025
Mr. C
OURTNEY(for himself, Mr. SCOTTof Virginia, Ms. OMAR, Ms.
B
ONAMICI, 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Protecting America’s Workers Act’’. 5
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 2
•HR 3036 IH
(b) TABLE OFCONTENTS.—The table of contents for 1
this Act is as follows: 2
Sec. 1. Short title; table of contents.
TITLE I—COVERAGE OF PUBLIC EMPLOYEES, AUTHORIZED EM-
PLOYEE REPRESENTATIVES, VOLUNTARY EMERGENCY RE-
SPONDERS, 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
P
ARTA—DUTIES ANDSTANDARDS
Sec. 301. General duty of employers.
Sec. 302. Occupational safety and health standards.
P
ARTB—INSPECTIONS, INVESTIGATIONS, ANDRECORDKEEPING
Sec. 311. Posting of employee rights.
Sec. 312. Employer reporting of work-related injuries, illness, deaths, and hos-
pitalizations; 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.
P
ARTC—CITATIONS
Sec. 321. Period for issuance of a citation.
Sec. 322. Prohibition on unclassified citations.
P
ARTD—RIGHTS OFVICTIMS ANDFAMILIES
Sec. 331. Rights of Victims and Families.
P
ARTE—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.
P
ARTF—PENALTIES
Sec. 351. Civil penalties.
Sec. 352. Criminal penalties.
Sec. 353. Prejudgment interest.
TITLE IV—STATE PLANS
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 3
•HR 3036 IH
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 1
EMPLOYEES, AUTHORIZED 2
EMPLOYEE REPRESENTA-3
TIVES, VOLUNTARY EMER-4
GENCY RESPONDERS, AND 5
APPLICATION OF ACT 6
SEC. 101. COVERAGE OF PUBLIC EMPLOYEES. 7
(a) I
NGENERAL.—Section 3(5) of the Occupational 8
Safety and Health Act of 1970 (29 U.S.C. 652(5)) is 9
amended by striking ‘‘but does not include’’ and all that 10
follows through the period at the end and inserting ‘‘in-11
cluding the United States, a State, or a political subdivi-12
sion of a State.’’. 13
(b) C
ONSTRUCTION.—Nothing in this Act shall be 14
construed to affect the application of section 18 of the Oc-15
cupational Safety and Health Act of 1970 (29 U.S.C. 16
667). 17
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 4
•HR 3036 IH
SEC. 102. AUTHORIZED EMPLOYEE REPRESENTATIVES. 1
Section 3 of the Occupational Safety and Health Act 2
of 1970 (29 U.S.C. 652) is amended by adding at the end 3
the following: 4
‘‘(15) A
UTHORIZED EMPLOYEE REPRESENTA -5
TIVE.—The term ‘authorized employee representa-6
tive’— 7
‘‘(A) means any person or organization 8
that for the purposes of this Act represents not 9
less than one employee at an establishment, fac-10
tory, plant, construction site, or other work-11
place, or other environment where work is per-12
formed by an employee for an employer; and 13
‘‘(B) includes a representative authorized 14
by employees, a representative of employees, or 15
any other representative of an employee under 16
this Act.’’. 17
SEC. 103. APPLICATION OF ACT. 18
Section 4(b) of the Occupational Safety and Health 19
Act of 1970 (29 U.S.C. 653(b)(1)) is amended— 20
(1) by redesignating paragraphs (2), (3), and 21
(4) as paragraphs (5), (6), and (7), respectively; and 22
(2) by striking paragraph (1) and inserting the 23
following: 24
‘‘(1) If a Federal agency has promulgated and is en-25
forcing a standard or regulation affecting occupational 26
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 5
•HR 3036 IH
safety or health of some or all of the employees within 1
that agency’s regulatory jurisdiction, and the Secretary 2
determines that such a standard or regulation as promul-3
gated and the manner in which the standard or regulation 4
is being enforced provides protection to those employees 5
that is at least as effective as the protection provided to 6
those employees by this Act and the Secretary’s enforce-7
ment of this Act, the Secretary may publish a certification 8
notice in the Federal Register. The notice shall set forth 9
that determination and the reasons for the determination 10
and certify that the Secretary has ceded jurisdiction to 11
that Federal agency with respect to the specified standard 12
or regulation affecting occupational safety or health. In 13
determining whether to cede jurisdiction to a Federal 14
agency, the Secretary shall seek to avoid duplication of, 15
and conflicts between, health and safety requirements. 16
Such certification shall remain in effect unless and until 17
rescinded by the Secretary. 18
‘‘(2) The Secretary shall, by regulation, establish pro-19
cedures by which any person who may be adversely af-20
fected by a decision of the Secretary certifying that the 21
Secretary has ceded jurisdiction to another Federal agency 22
pursuant to paragraph (1) may petition the Secretary to 23
rescind a certification notice under such paragraph. Upon 24
receipt of such a petition, the Secretary shall investigate 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 6
•HR 3036 IH
the matter involved and shall, not later than 90 days after 1
the receipt of the petition, publish a decision with respect 2
to the petition in the Federal Register. 3
‘‘(3) Any person who may be adversely affected by— 4
‘‘(A) a decision of the Secretary certifying that 5
the Secretary has ceded jurisdiction to another Fed-6
eral agency pursuant to paragraph (1); or 7
‘‘(B) a decision of the Secretary denying a peti-8
tion to rescind such a certification notice under 9
paragraph (1), 10
may, not later than 60 days after such decision is pub-11
lished in the Federal Register, file a petition challenging 12
such decision with the United States Court of Appeals for 13
the circuit in which such person resides or such person 14
has a principal place of business, for judicial review of 15
such decision. A copy of the petition shall be forthwith 16
transmitted by the clerk of the court to the Secretary. The 17
Secretary’s decision shall be set aside if found to be arbi-18
trary, capricious, an abuse of discretion, or otherwise not 19
in accordance with law. 20
‘‘(4) Nothing in this Act shall apply to working condi-21
tions covered by the Federal Mine Safety and Health Act 22
of 1977 (30 U.S.C. 801 et seq.).’’. 23
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 7
•HR 3036 IH
TITLE II—INCREASING 1
WHISTLEBLOWER PROTECTIONS 2
SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION. 3
(a) E
MPLOYEEACTIONS.—Section 11(c)(1) of the 4
Occupational Safety and Health Act of 1970 (29 U.S.C. 5
660(c)(1)) is amended— 6
(1) by striking ‘‘discharge’’ and all that follows 7
through ‘‘because such’’ and inserting the following: 8
‘‘discharge or cause to be discharged, or in any man-9
ner discriminate against or cause to be discriminated 10
against, any employee because— 11
‘‘(A) such’’; 12
(2) by striking ‘‘this Act or has’’ and inserting 13
the following: ‘‘this Act; 14
‘‘(B) such employee has’’; 15
(3) by striking ‘‘in any such proceeding or be-16
cause of the exercise’’ and inserting the following: 17
‘‘before Congress or in any Federal or State pro-18
ceeding related to safety or health; 19
‘‘(C) such employee has refused to violate any 20
provision of this Act; or 21
‘‘(D) of the exercise’’; and 22
(4) by inserting before the period at the end the 23
following: ‘‘, including the reporting of any injury, 24
illness, or unsafe condition to the employer, agent of 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 8
•HR 3036 IH
the employer, safety and health committee involved, 1
or employee safety and health representative in-2
volved’’. 3
(b) P
ROHIBITION OFRETALIATION.—Section 11(c) 4
of such Act (29 U.S.C. 660(c)) is amended by striking 5
paragraph (2) and inserting the following: 6
‘‘(2) P
ROHIBITION OFRETALIATION.—(A) No person 7
shall discharge, or cause to be discharged, or in any man-8
ner discriminate against, or cause to be discriminated 9
against, an employee for refusing to perform the employ-10
ee’s duties if the employee has a reasonable apprehension 11
that performing such duties would result in serious injury 12
to, or serious impairment of the health of, the employee 13
or other employees. 14
‘‘(B) For purposes of subparagraph (A), the cir-15
cumstances causing the employee’s good-faith belief that 16
performing such duties would pose a safety or health haz-17
ard shall be of such a nature that a reasonable person, 18
under the circumstances confronting the employee, would 19
conclude that there is such a hazard. In order to qualify 20
for protection under this paragraph, the employee, when 21
practicable, shall have communicated or attempted to com-22
municate the safety or health concern to the employer and 23
have not received from the employer a response reasonably 24
calculated to allay such concern.’’. 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 9
•HR 3036 IH
(c) PROCEDURE.—Section 11(c) of such Act (29 1
U.S.C. 660(c)) is amended by striking paragraph (3) and 2
inserting the following: 3
‘‘(3) C
OMPLAINT.—Any employee who believes that 4
the employee has been discharged, disciplined, or other-5
wise discriminated against by any person in violation of 6
paragraph (1) or (2) may seek relief for such violation 7
by filing a complaint with the Secretary under paragraph 8
(5). 9
‘‘(4) S
TATUTE OFLIMITATIONS.— 10
‘‘(A) I
N GENERAL.—An employee may take the 11
action permitted by paragraph (3) not later than 12
180 days after the later of— 13
‘‘(i) the date on which an alleged violation 14
of paragraph (1) or (2) occurs; or 15
‘‘(ii) the date on which the employee knows 16
or should reasonably have known that such al-17
leged violation occurred. 18
‘‘(B) R
EPEAT VIOLATION.—Except in cases 19
when the employee has been discharged, a violation 20
of paragraph (1) or (2) shall be considered to have 21
occurred on the last date an alleged repeat violation 22
occurred. 23
‘‘(5) I
NVESTIGATION.— 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 10
•HR 3036 IH
‘‘(A) IN GENERAL.—An employee may, within 1
the time period required under paragraph (4)(A), 2
file a complaint with the Secretary alleging a viola-3
tion of paragraph (1) or (2). If the complaint alleges 4
a prima facie case, the Secretary shall conduct an 5
investigation of the allegations in the complaint, 6
which— 7
‘‘(i) shall include— 8
‘‘(I) interviewing the complainant; 9
‘‘(II) providing the respondent an op-10
portunity to— 11
‘‘(aa) submit to the Secretary a 12
written response to the complaint; and 13
‘‘(bb) meet with the Secretary to 14
present statements from witnesses or 15
provide evidence; and 16
‘‘(III) providing the complainant an 17
opportunity to— 18
‘‘(aa) receive any statements or 19
evidence provided to the Secretary; 20
‘‘(bb) meet with the Secretary; 21
and 22
‘‘(cc) rebut any statements or 23
evidence; and 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 11
•HR 3036 IH
‘‘(ii) may include issuing subpoenas for the 1
purposes of such investigation. 2
‘‘(B) D
ECISION.—Not later than 90 days after 3
the filing of the complaint, the Secretary shall— 4
‘‘(i) determine whether reasonable cause 5
exists to believe that a violation of paragraph 6
(1) or (2) has occurred; and 7
‘‘(ii) issue a decision granting or denying 8
relief. 9
‘‘(6) P
RELIMINARYORDERFOLLOWINGINVESTIGA-10
TION.—If, after completion of an investigation under 11
paragraph (5)(A), the Secretary finds reasonable cause to 12
believe that a violation of paragraph (1) or (2) has oc-13
curred, the Secretary shall issue a preliminary order pro-14
viding relief authorized under paragraph (14) at the same 15
time the Secretary issues a decision under paragraph 16
(5)(B). If a de novo hearing is not requested within the 17
time period required under paragraph (7)(A)(i), such pre-18
liminary order shall be deemed a final order of the Sec-19
retary and is not subject to judicial review. 20
‘‘(7) H
EARING.— 21
‘‘(A) R
EQUEST FOR HEARING .— 22
‘‘(i) I
N GENERAL.—A de novo hearing on 23
the record before an administrative law judge 24
may be requested— 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 12
•HR 3036 IH
‘‘(I) by the complainant or respondent 1
within 30 days after receiving notification 2
of a decision granting or denying relief 3
issued under paragraph (5)(B) or a pre-4
liminary order under paragraph (6), re-5
spectively; 6
‘‘(II) by the complainant within 30 7
days after the date the complaint is dis-8
missed without investigation by the Sec-9
retary under paragraph (5)(A); or 10
‘‘(III) by the complainant within 120 11
days after the date of filing the complaint, 12
if the Secretary has not issued a decision 13
under paragraph (5)(B). 14
‘‘(ii) R
EINSTATEMENT ORDER .—The re-15
quest for a hearing shall not operate to stay 16
any preliminary reinstatement order issued 17
under paragraph (6). 18
‘‘(B) P
ROCEDURES.— 19
‘‘(i) I
N GENERAL.—A hearing requested 20
under this paragraph shall be conducted expedi-21
tiously and in accordance with rules established 22
by the Secretary for hearings conducted by ad-23
ministrative law judges. 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 13
•HR 3036 IH
‘‘(ii) SUBPOENAS; PRODUCTION OF EVI -1
DENCE.—In conducting any such hearing, the 2
administrative law judge may issue subpoenas. 3
The respondent or complainant may request the 4
issuance of subpoenas that require the deposi-5
tion of, or the attendance and testimony of, wit-6
nesses and the production of any evidence (in-7
cluding any books, papers, documents, or re-8
cordings) relating to the matter under consider-9
ation. 10
‘‘(iii) D
ECISION.—The administrative law 11
judge shall issue a decision not later than 90 12
days after the date on which a hearing was re-13
quested under this paragraph and promptly no-14
tify, in writing, the parties and the Secretary of 15
such decision, including the findings of fact and 16
conclusions of law. If the administrative law 17
judge finds that a violation of paragraph (1) or 18
(2) has occurred, the judge shall issue an order 19
for relief under paragraph (14). If review under 20
paragraph (8) is not timely requested, such 21
order shall be deemed a final order of the Sec-22
retary that is not subject to judicial review. 23
‘‘(8) A
DMINISTRATIVEAPPEAL.— 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 14
•HR 3036 IH
‘‘(A) IN GENERAL.—Not later than 30 days 1
after the date of notification of a decision and order 2
issued by an administrative law judge under para-3
graph (7), the complainant or respondent may file, 4
with objections, an administrative appeal with an ad-5
ministrative review body designated by the Secretary 6
(referred to in this paragraph as the ‘review board’). 7
‘‘(B) S
TANDARD OF REVIEW .—In reviewing the 8
decision and order of the administrative law judge, 9
the review board shall affirm the decision and order 10
if it is determined that the factual findings set forth 11
therein are supported by substantial evidence and 12
the decision and order are made in accordance with 13
applicable law. 14
‘‘(C) D
ECISIONS.—If the review board grants 15
an administrative appeal, the review board shall 16
issue a final decision and order affirming or revers-17
ing, in whole or in part, the decision under review 18
by not later than 90 days after receipt of the admin-19
istrative appeal. If it is determined that a violation 20
of paragraph (1) or (2) has occurred, the review 21
board shall issue a final decision and order providing 22
relief authorized under paragraph (14). Such deci-23
sion and order shall constitute final agency action 24
with respect to the matter appealed. 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 15
•HR 3036 IH
‘‘(9) SETTLEMENT IN THE ADMINISTRATIVEPROC-1
ESS.— 2
‘‘(A) I
N GENERAL.—At any time before 3
issuance of a final order, an investigation or pro-4
ceeding under this subsection may be terminated on 5
the basis of a settlement agreement entered into by 6
the parties. 7
‘‘(B) P
UBLIC POLICY CONSIDERATIONS .—Nei-8
ther the Secretary, an administrative law judge, nor 9
the review board conducting a hearing under this 10
subsection shall accept a settlement that contains 11
conditions conflicting with the rights protected under 12
this Act or that are contrary to public policy, includ-13
ing a restriction on a complainant’s right to future 14
employment with employers other than the specific 15
employers named in a complaint. 16
‘‘(10) I
NACTION BY THEREVIEWBOARD ORADMIN-17
ISTRATIVELAWJUDGE.— 18
‘‘(A) I
N GENERAL.—The complainant may 19
bring a de novo action described in subparagraph 20
(B) if— 21
‘‘(i) an administrative law judge has not 22
issued a decision and order within the 90-day 23
time period required under paragraph 24
(7)(B)(iii); or 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 16
•HR 3036 IH
‘‘(ii) the review board has not issued a de-1
cision and order within the 90-day time period 2
required under paragraph (8)(C). 3
‘‘(B) D
E NOVO ACTION.—Such de novo action 4
may be brought at law or equity in the United 5
States district court for the district where a violation 6
of paragraph (1) or (2) allegedly occurred or where 7
the complainant resided on the date of such alleged 8
violation. The court shall have jurisdiction over such 9
action without regard to the amount in controversy 10
and to order appropriate relief under paragraph 11
(14). Such action shall, at the request of either 12
party to such action, be tried by the court with a 13
jury. 14
‘‘(11) J
UDICIALREVIEW.— 15
‘‘(A) T
IMELY APPEAL TO THE COURT OF AP -16
PEALS.—Any party adversely affected or aggrieved 17
by a final decision and order issued under this sub-18
section may obtain review of such decision and order 19
in the United States Court of Appeals for the circuit 20
where the violation, with respect to which such final 21
decision and order was issued, allegedly occurred or 22
where the complainant resided on the date of such 23
alleged violation. To obtain such review, a party 24
shall file a petition for review not later than 60 days 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 17
•HR 3036 IH
after the final decision and order was issued. Such 1
review shall conform to chapter 7 of title 5, United 2
States Code. The commencement of proceedings 3
under this subparagraph shall not, unless ordered by 4
the court, operate as a stay of the final decision and 5
order. 6
‘‘(B) L
IMITATION ON COLLATERAL ATTACK .— 7
An order and decision with respect to which review 8
may be obtained under subparagraph (A) shall not 9
be subject to judicial review in any criminal or other 10
civil proceeding. 11
‘‘(12) E
NFORCEMENT OF ORDER.—If a respondent 12
fails to comply with an order issued under this subsection, 13
the Secretary or the complainant on whose behalf the 14
order was issued may file a civil action for enforcement 15
in the United States district court for the district in which 16
the violation was found to occur to enforce such order. 17
If both the Secretary and the complainant file such action, 18
the action of the Secretary shall take precedence. The dis-19
trict court shall have jurisdiction to grant all appropriate 20
relief described in paragraph (14). 21
‘‘(13) B
URDENS OFPROOF.— 22
‘‘(A) C
RITERIA FOR DETERMINATION .—In mak-23
ing a determination or adjudicating a complaint pur-24
suant to this subsection, the Secretary, administra-25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 18
•HR 3036 IH
tive law judge, review board, or a court may deter-1
mine that a violation of paragraph (1) or (2) has oc-2
curred only if the complainant demonstrates that 3
any conduct described in paragraph (1) or (2) with 4
respect to the complainant was a contributing factor 5
in the adverse action alleged in the complaint. 6
‘‘(B) P
ROHIBITION.—Notwithstanding subpara-7
graph (A), a decision or order that is favorable to 8
the complainant shall not be issued in any adminis-9
trative or judicial action pursuant to this subsection 10
if the respondent demonstrates by clear and con-11
vincing evidence that the respondent would have 12
taken the same adverse action in the absence of such 13
conduct. 14
‘‘(14) R
ELIEF.— 15
‘‘(A) O
RDER FOR RELIEF .—If the Secretary, 16
administrative law judge, review board, or a court 17
determines that a violation of paragraph (1) or (2) 18
has occurred, the Secretary, administrative law 19
judge, review board, or court, respectively, shall have 20
jurisdiction to order all appropriate relief, including 21
injunctive relief, compensatory and exemplary dam-22
ages, including— 23
‘‘(i) affirmative action to abate the viola-24
tion; 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 19
•HR 3036 IH
‘‘(ii) reinstatement without loss of position 1
or seniority, and restoration of the terms, 2
rights, conditions, and privileges associated with 3
the complainant’s employment, including oppor-4
tunities for promotions to positions with equiva-5
lent or better compensation for which the com-6
plainant is qualified; 7
‘‘(iii) compensatory and consequential 8
damages sufficient to make the complainant 9
whole (including back pay, prejudgment inter-10
est, and other damages); and 11
‘‘(iv) expungement of all warnings, rep-12
rimands, or derogatory references that have 13
been placed in paper or electronic records or 14
databases of any type relating to the actions by 15
the complainant that gave rise to the unfavor-16
able personnel action, and, at the complainant’s 17
direction, transmission of a copy of the decision 18
on the complaint to any person whom the com-19
plainant reasonably believes may have received 20
such unfavorable information. 21
‘‘(B) A
TTORNEYS’ FEES AND COSTS .—If the 22
Secretary or an administrative law judge, review 23
board, or court grants an order for relief under sub-24
paragraph (A), the Secretary, administrative law 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 20
•HR 3036 IH
judge, review board, or court, respectively, shall as-1
sess, at the request of the employee against the em-2
ployer— 3
‘‘(i) reasonable attorneys’ fees; and 4
‘‘(ii) costs (including expert witness fees) 5
reasonably incurred, as determined by the Sec-6
retary, administrative law judge, review board, 7
or court, respectively, in connection with bring-8
ing the complaint upon which the order was 9
issued. 10
‘‘(15) P
ROCEDURALRIGHTS.—The rights and rem-11
edies provided for in this subsection may not be waived 12
by any agreement, policy, form, or condition of employ-13
ment, including by any pre-dispute arbitration agreement 14
or collective bargaining agreement. 15
‘‘(16) S
AVINGS.—Nothing in this subsection shall be 16
construed to diminish the rights, privileges, or remedies 17
of any employee who exercises rights under any Federal 18
or State law or common law, or under any collective bar-19
gaining agreement. 20
‘‘(17) E
LECTION OFVENUE.— 21
‘‘(A) I
N GENERAL.—An employee of an em-22
ployer who is located in a State that has a State 23
plan approved under section 18 may file a complaint 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 21
•HR 3036 IH
alleging a violation of paragraph (1) or (2) by such 1
employer with— 2
‘‘(i) the Secretary under paragraph (5); or 3
‘‘(ii) a State plan administrator in such 4
State. 5
‘‘(B) R
EFERRALS.—If— 6
‘‘(i) the Secretary receives a complaint 7
pursuant to subparagraph (A)(i), the Secretary 8
shall not refer such complaint to a State plan 9
administrator for resolution; or 10
‘‘(ii) a State plan administrator receives a 11
complaint pursuant to subparagraph (A)(ii), the 12
State plan administrator shall not refer such 13
complaint to the Secretary for resolution.’’. 14
(d) R
ELATION TOENFORCEMENT.—Section 17(j) of 15
such Act (29 U.S.C. 666(j)) is amended by inserting be-16
fore the period the following: ‘‘, including the history of 17
violations under section 11(c)’’. 18
TITLE III—IMPROVING REPORT-19
ING, INSPECTION, AND EN-20
FORCEMENT 21
PART A—DUTIES AND STANDARDS 22
SEC. 301. GENERAL DUTY OF EMPLOYERS. 23
Section 5 of the Occupational Safety and Health Act 24
of 1970 (29 U.S.C. 654(a)(1)) is amended— 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 22
•HR 3036 IH
(1) in subsection (a), by amending paragraph 1
(1) to read as follows: 2
‘‘(1) shall furnish employment and a place of 3
employment that are free from recognized hazards 4
that are causing or are likely to cause death or seri-5
ous physical harm and that the employer creates or 6
controls or to which the employer exposes any em-7
ployee of the employer or any other person per-8
forming work at the place of employment; and’’; and 9
(2) by adding at the end the following new sub-10
section: 11
‘‘(c) Each employee or other person exposed to a haz-12
ard in violation of subsection (a) may constitute a separate 13
violation.’’. 14
SEC. 302. OCCUPATIONAL SAFETY AND HEALTH STAND-15
ARDS. 16
Section 6 of the Occupational Safety and Health Act 17
of 1970 (29 U.S.C. 655) is amended— 18
(1) in subsection (a)— 19
(A) by striking ‘‘Without regard’’ and in-20
serting ‘‘(1) Without regard’’; 21
(B) by striking ‘‘chapter 5’’ and inserting 22
‘‘chapters 5 and 6’’; 23
(C) by striking ‘‘shall, as soon as prac-24
ticable’’ and inserting the following: ‘‘shall— 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 23
•HR 3036 IH
‘‘(A) as soon as practicable’’; 1
(D) by striking ‘‘In the’’ and inserting the 2
following: 3
‘‘(2) In the’’; 4
(E) by striking ‘‘designated employees.’’ 5
and inserting ‘‘designated employees; and’’; 6
(F) by adding after paragraph (1) (as des-7
ignated by subparagraph (A)) the following: 8
‘‘(B) not later than 2 years after the effec-9
tive date of section 601(a) of the Protecting 10
America’s Workers Act, by rule update any na-11
tional consensus standard that has been pro-12
mulgated or incorporated by reference pursuant 13
to this subsection, except that such a standard 14
shall not be updated pursuant to this subpara-15
graph, if— 16
‘‘(i) the standard has been superseded 17
by a standard promulgated pursuant to 18
subsection (b); or 19
‘‘(ii) the Secretary determines such 20
update would not result in improved health 21
or safety for specifically designated em-22
ployees.’’; and 23
(G) in paragraph (2) (as designated by 24
subparagraph (D)), by inserting ‘‘including na-25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 24
•HR 3036 IH
tional consensus standards, or in the event of a 1
consolidation of national consensus standards,’’ 2
after ‘‘conflict among any such standards,’’; 3
and 4
(2) by adding at the end the following: 5
‘‘(h) No standard, rule, or regulation promulgated 6
under this Act shall reduce the protection afforded by an 7
existing health or safety standard, rule, regulation, or na-8
tional consensus standard.’’. 9
PART B—INSPECTIONS, INVESTIGATIONS, AND 10
RECORDKEEPING 11
SEC. 311. POSTING OF EMPLOYEE RIGHTS. 12
Section 8(c)(1) of the Occupational Safety and 13
Health Act of 1970 (29 U.S.C. 657(c)(1)) is amended by 14
adding at the end the following new sentence: ‘‘Such regu-15
lations shall include provisions requiring employers to post 16
for employees information on the protections afforded 17
under section 11(c).’’. 18
SEC. 312. EMPLOYER REPORTING OF WORK-RELATED INJU-19
RIES, ILLNESS, DEATHS, AND HOSPITALIZA-20
TIONS; PROHIBITION ON DISCOURAGING EM-21
PLOYEE REPORTING. 22
Section 8(c)(2) of such Act (29 U.S.C. 657(c)(2)) is 23
amended by adding at the end the following: ‘‘Such regula-24
tions shall contain the following: 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 25
•HR 3036 IH
‘‘(A) A requirement that employers promptly 1
notify the Secretary of any work-related death or 2
work-related injury or illness that results in the in- 3
patient hospitalization of any employee for medical 4
treatment, amputation, or loss of an eye. 5
‘‘(B) A prohibition on the adoption or imple-6
mentation by employers of policies or practices that 7
have the effect of discouraging accurate record-8
keeping and the reporting of work-related injuries or 9
illnesses by any employee, or in any manner dis-10
criminates or provides for adverse action against any 11
employee for reporting a work-related injury or ill-12
ness. 13
‘‘(C) A requirement that, at a minimum, em-14
ployers subject to the requirements of sections 15
1904.41 and 1902.7(d) of title 29, Code of Federal 16
Regulations (as amended by the final regulations of 17
the Department of Labor published in the Federal 18
Register on May 12, 2016 (81 Fed. Reg. 29624 et 19
seq.)) shall, on at least an annual basis, electroni-20
cally report to the Secretary information from the 21
records of work-related deaths, injuries, and illnesses 22
required to be made and maintained under this 23
paragraph, which shall include the information re-24
quired to be made and maintained in accordance 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 26
•HR 3036 IH
with such sections 1904.41 and 1902.7(d), and a re-1
quirement that the Secretary make such reports 2
available to the public in a searchable format. 3
‘‘(D) A requirement that each site-controlling 4
employer keep, maintain, and make available a site 5
log for all recordable injuries and illnesses occurring 6
for any employee at each work site for which the 7
employer is the site-controlling employer, including 8
employees of the site-controlling employer and others 9
who are performing work at such site (including 10
independent contractors). For purposes of this sub-11
paragraph, the term ‘site-controlling employer’ 12
means the employer that has primary control over a 13
work site at which employees of more than one em-14
ployer work, such as by hiring or coordinating the 15
work of other employers working at the site.’’. 16
SEC. 313. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS. 17
Section 8(e) of such Act (29 U.S.C. 657(e)) is 18
amended by inserting after the first sentence the fol-19
lowing: ‘‘Time spent by an employee participating in or 20
aiding any such inspection shall be deemed to be hours 21
worked and no employee shall suffer any loss of wages, 22
benefits, or other terms and conditions of employment for 23
having participated in or aided any such inspection.’’. 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 27
•HR 3036 IH
SEC. 314. INVESTIGATIONS OF FATALITIES AND SIGNIFI-1
CANT INCIDENTS. 2
Section 8 of such Act (29 U.S.C. 657), as amended 3
by sections 311 through 313, is further amended by add-4
ing at the end the following new subsection: 5
‘‘(i) I
NVESTIGATION OF FATALITIES ANDSERIOUS 6
I
NCIDENTS.— 7
‘‘(1) I
N GENERAL.—The Secretary shall inves-8
tigate any significant incident or an incident result-9
ing in death that occurs in a place of employment. 10
‘‘(2) E
VIDENCE PRESERVATION .—If a signifi-11
cant incident or an incident resulting in death oc-12
curs in a place of employment, the employer shall 13
promptly notify the Secretary of the incident in-14
volved and shall take appropriate measures to pre-15
vent the destruction or alteration of any evidence 16
that would assist in investigating the incident. The 17
appropriate measures required by this paragraph do 18
not prevent an employer from taking action on a 19
worksite to prevent injury to employees or substan-20
tial damage to property or to avoid disruption of es-21
sential services necessary to public safety, provided 22
that if an employer takes such action, the employer 23
shall notify the Secretary of the action in a timely 24
fashion. 25
‘‘(3) D
EFINITIONS.—In this subsection: 26
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 28
•HR 3036 IH
‘‘(A) INCIDENT RESULTING IN DEATH .— 1
The term ‘incident resulting in death’ means an 2
incident that results in the death of an em-3
ployee. 4
‘‘(B) S
IGNIFICANT INCIDENT.—The term 5
‘significant incident’ means an incident that re-6
sults in the in-patient hospitalization of 2 or 7
more employees for medical treatment.’’. 8
SEC. 315. RECORDKEEPING. 9
(a) R
ULEREQUIRED.—Not later than 180 days after 10
the date of enactment of this Act, the Occupational Safety 11
and Health Administration shall issue a final rule amend-12
ing its recordkeeping regulations under section 8(c) of the 13
Occupational Safety and Health Act of 1970 (29 U.S.C. 14
657(c)) to clarify that— 15
(1) the duty to make and maintain accurate 16
records of work-related injuries and illnesses is an 17
ongoing obligation; 18
(2) the duty to make and maintain such records 19
continues for as long as the employer is required to 20
keep records of the recordable injury or illness; and 21
(3) such duty does not expire solely because the 22
employer fails to create the necessary records when 23
first required to do so. 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 29
•HR 3036 IH
(b) AUTHORIZATION.—Subsection (a) shall be consid-1
ered a specific authorization by Congress in accordance 2
with section 801(b)(2) of title 5, United States Code, with 3
respect to the issuance of a new recordkeeping rule. 4
PART C—CITATIONS 5
SEC. 321. PERIOD FOR ISSUANCE OF A CITATION. 6
Section 9(c) of the Occupational Safety and Health 7
Act of 1970 (29 U.S.C. 658(c)) is amended by adding at 8
the end the following: ‘‘For purposes of this subsection, 9
a violation continues to occur for as long as an employer 10
has not satisfied the requirements, rules, standards, or-11
ders, and regulations referenced in subsection (a).’’. 12
SEC. 322. PROHIBITION ON UNCLASSIFIED CITATIONS. 13
Section 9 of the Occupational Safety and Health Act 14
of 1970 (29 U.S.C. 658) is further amended by adding 15
at the end the following: 16
‘‘(d) No citation for a violation of this Act may be 17
issued, modified, or settled under this section without a 18
designation enumerated in section 17 with respect to such 19
violation.’’. 20
PART D—RIGHTS OF VICTIMS AND FAMILIES 21
SEC. 331. RIGHTS OF VICTIMS AND FAMILIES. 22
The Occupational Safety and Health Act of 1970 (29 23
U.S.C. 651 et seq.) is amended by inserting after section 24
9 (29 U.S.C. 658) the following: 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 30
•HR 3036 IH
‘‘SEC. 9A. VICTIMS’ RIGHTS. 1
‘‘(a) R
IGHTSBEFORE THESECRETARY.—A victim or 2
the representative of a victim, shall be afforded the right, 3
with respect to an inspection or investigation conducted 4
under section 8 to— 5
‘‘(1) meet with the Secretary regarding the in-6
spection or investigation conducted under such sec-7
tion before the Secretary’s decision to issue a cita-8
tion or take no action; 9
‘‘(2) receive, at no cost, a copy of any citation 10
or report, issued as a result of such inspection or in-11
vestigation, at the same time as the employer re-12
ceives such citation or report; 13
‘‘(3) be informed of any notice of contest or ad-14
dition of parties to the proceedings filed under sec-15
tion 10(c); and 16
‘‘(4) be provided notification of the date and 17
time or any proceedings, service of pleadings, and 18
other relevant documents, and an explanation of the 19
rights of the employer, employee and employee rep-20
resentative, and victim to participate in proceedings 21
conducted under section 10(c). 22
‘‘(b) R
IGHTSBEFORE THECOMMISSION.—Upon re-23
quest, a victim or representative of a victim shall be af-24
forded the right with respect to a work-related bodily in-25
jury or death to— 26
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 31
•HR 3036 IH
‘‘(1) be notified of the time and date of any 1
proceeding before the Commission; 2
‘‘(2) receive pleadings and any decisions relat-3
ing to the proceedings; and 4
‘‘(3) be provided an opportunity to appear and 5
make a statement in accordance with the rules pre-6
scribed by the Commission. 7
‘‘(c) M
ODIFICATION OFCITATION.—Before entering 8
into an agreement to withdraw or modify a citation issued 9
as a result of an inspection or investigation of an incident 10
under section 8, the Secretary shall notify a victim or rep-11
resentative of a victim and provide the victim or represent-12
ative of a victim with an opportunity to appear and make 13
a statement before the parties conducting settlement nego-14
tiations. In lieu of an appearance, the victim or represent-15
ative of the victim may elect to submit a letter to the Sec-16
retary and the parties. 17
‘‘(d) S
ECRETARYPROCEDURES.—The Secretary shall 18
establish procedures— 19
‘‘(1) to inform victims of their rights under this 20
section; and 21
‘‘(2) for the informal review of any claim of a 22
denial of such a right. 23
‘‘(e) C
OMMISSIONPROCEDURES AND CONSIDER-24
ATIONS.—The Commission shall— 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 32
•HR 3036 IH
‘‘(1) establish procedures relating to the rights 1
of victims to be heard in proceedings before the 2
Commission; and 3
‘‘(2) in rendering any decision, provide due con-4
sideration to any statement or information provided 5
by any victim before the Commission. 6
‘‘(f) F
AMILYLIAISONS.—The Secretary shall des-7
ignate at least 1 employee at each area office of the Occu-8
pational Safety and Health Administration to serve as a 9
family liaison to— 10
‘‘(1) keep victims informed of the status of in-11
vestigations, enforcement actions, and settlement ne-12
gotiations; and 13
‘‘(2) assist victims in asserting their rights 14
under this section. 15
‘‘(g) D
EFINITION.—In this section, the term ‘victim’ 16
means— 17
‘‘(1) an employee, including a former employee, 18
who has sustained a work-related injury or illness 19
that is the subject of an inspection or investigation 20
conducted under section 8; or 21
‘‘(2) a family member (as further defined by 22
the Secretary) of a victim described in paragraph 23
(1), if— 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 33
•HR 3036 IH
‘‘(A) the victim dies as a result of an inci-1
dent that is the subject of an inspection or in-2
vestigation conducted under section 8; or 3
‘‘(B) the victim sustains a work-related in-4
jury or illness that is the subject of an inspec-5
tion or investigation conducted under section 8, 6
and the victim because of incapacity cannot rea-7
sonably exercise the rights under this section.’’. 8
PART E—PROCEDURE FOR ENFORCEMENT 9
SEC. 341. RIGHT TO CONTEST CITATIONS AND PENALTIES. 10
Section 10(c) of the Occupational Safety and Health 11
Act of 1970 (29 U.S.C. 659(c)) is amended— 12
(1) in the first sentence— 13
(A) by inserting after ‘‘that he intends to 14
contest a citation issued under section (9)’’ the 15
following: ‘‘(or a modification of a citation 16
issued under this section)’’; 17
(B) by inserting after ‘‘the issuance of a 18
citation under section 9’’ the following: ‘‘(in-19
cluding a modification of a citation issued 20
under such section)’’; and 21
(C) by inserting after ‘‘files a notice with 22
the Secretary alleging’’ the following: ‘‘that the 23
citation fails properly to designate the violation 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 34
•HR 3036 IH
as serious, willful, or repeated, that the pro-1
posed penalty is not adequate, or’’; 2
(2) by inserting after the first sentence, the fol-3
lowing: ‘‘The pendency of a contest before the Com-4
mission shall not bar the Secretary from inspecting 5
a place of employment or from issuing a citation 6
under section 9.’’; and 7
(3) by amending the last sentence— 8
(A) by inserting ‘‘employers and’’ after 9
‘‘Commission shall provide’’; and 10
(B) by inserting ‘‘, and notification of any 11
modification of a citation’’ before the period at 12
the end. 13
SEC. 342. CORRECTION OF SERIOUS, WILLFUL, OR RE-14
PEATED VIOLATIONS PENDING CONTEST AND 15
PROCEDURES FOR A STAY. 16
Section 10 of the Occupational Safety and Health Act 17
of 1970 (29 U.S.C. 659) is further amended by adding 18
at the end the following: 19
‘‘(d) C
ORRECTION OF SERIOUS, WILLFUL, ORRE-20
PEATEDVIOLATIONSPENDINGCONTEST AND PROCE-21
DURES FOR ASTAY.— 22
‘‘(1) P
ERIOD PERMITTED FOR CORRECTION OF 23
SERIOUS, WILLFUL, OR REPEATED VIOLATIONS .— 24
For each violation which the Secretary designates as 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 35
•HR 3036 IH
serious, willful, or repeated, the period permitted for 1
the correction of the violation shall begin to run 2
upon receipt of the citation. 3
‘‘(2) F
ILING OF A MOTION OF CONTEST .—The 4
filing of a notice of contest by an employer— 5
‘‘(A) shall not operate as a stay of the pe-6
riod for correction of a violation designated as 7
serious, willful, or repeated; and 8
‘‘(B) may operate as a stay of the period 9
for correction of a violation not designated by 10
the Secretary as serious, willful, or repeated. 11
‘‘(3) C
RITERIA AND RULES OF PROCEDURE FOR 12
STAYS.— 13
‘‘(A) M
OTION FOR A STAY.—An employer 14
that receives a citation alleging a violation des-15
ignated as serious, willful, or repeated and that 16
files a notice of contest to the citation asserting 17
that the time set for abatement of the alleged 18
violation is unreasonable or challenging the ex-19
istence of the alleged violation may file with the 20
Commission a motion to stay the period for the 21
abatement of the violation. 22
‘‘(B) C
RITERIA.—In determining whether 23
a stay should be issued on the basis of a motion 24
filed under subparagraph (A), the Commission 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 36
•HR 3036 IH
may grant a stay only if the employer has dem-1
onstrated— 2
‘‘(i) a substantial likelihood of success 3
on the areas contested under subparagraph 4
(A); and 5
‘‘(ii) that a stay will not adversely af-6
fect the health and safety of workers. 7
‘‘(C) R
ULES OF PROCEDURE .—The Com-8
mission shall develop rules of procedure for con-9
ducting a hearing on a motion filed under sub-10
paragraph (A) on an expedited basis. At a min-11
imum, such rules shall provide: 12
‘‘(i) That a hearing before an admin-13
istrative law judge shall occur not later 14
than 15 days following the filing of the 15
motion for a stay (unless extended at the 16
request of the employer), and shall provide 17
for a decision on the motion not later than 18
15 days following the hearing (unless ex-19
tended at the request of the employer). 20
‘‘(ii) That a decision of an administra-21
tive law judge on a motion for stay is ren-22
dered on a timely basis. 23
‘‘(iii) That if a party is aggrieved by 24
a decision issued by an administrative law 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 37
•HR 3036 IH
judge regarding the stay, such party has 1
the right to file an objection with the Com-2
mission not later than 5 days after receipt 3
of the administrative law judge’s decision. 4
Within 10 days after receipt of the objec-5
tion, a Commissioner, if a quorum is seat-6
ed pursuant to section 12(f), shall decide 7
whether to grant review of the objection. 8
If, within 10 days after receipt of the ob-9
jection, no decision is made on whether to 10
review the decision of the administrative 11
law judge, the Commission declines to re-12
view such decision, or no quorum is seated, 13
the decision of the administrative law 14
judge shall become a final order of the 15
Commission. If the Commission grants re-16
view of the objection, the Commission shall 17
issue a decision regarding the stay not 18
later than 30 days after receipt of the ob-19
jection. If the Commission fails to issue 20
such decision within 30 days, the decision 21
of the administrative law judge shall be-22
come a final order of the Commission. 23
‘‘(iv) For notification to employees or 24
representatives of affected employees of re-25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 38
•HR 3036 IH
quests for such hearings and shall provide 1
affected employees or representatives of af-2
fected employees an opportunity to partici-3
pate as parties to such hearings.’’. 4
SEC. 343. INACTION BY THE REVIEW COMMISSION. 5
Section 10 of the Occupational Safety and Health Act 6
of 1970 (29 U.S.C. 659), as amended by sections 341 and 7
342, is further amended by adding at the end the fol-8
lowing: 9
‘‘(e) I
NACTION BYREVIEWCOMMISSION.— 10
‘‘(1) I
N GENERAL.—A decision or order issued 11
by an administrative law judge of the Commission 12
for which a petition for review has been filed in a 13
timely manner, and for which 1 year after the Com-14
mission has accepted such petition and directed that 15
such petition be reviewed by the Commission, the 16
Commission has failed to issue a final decision or 17
order because the Commission lacks a quorum— 18
‘‘(A) shall be deemed a final decision or 19
order of the Commission; and 20
‘‘(B) may be appealed pursuant to section 21
11(a). 22
‘‘(2) E
XCEPTION.—Paragraph (1) shall not 23
apply with respect to motions to stay filed under 24
subsection (d)(3).’’. 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 39
•HR 3036 IH
SEC. 344. CONFORMING AMENDMENTS. 1
(a) V
IOLATIONSDESIGNATED AS SERIOUS, WILL-2
FUL, ORREPEATED.—The first sentence of section 10(b) 3
of the Occupational Safety and Health Act of 1970 (29 4
U.S.C. 659(b)) is amended by inserting ‘‘, with the excep-5
tion of violations designated as serious, willful, or re-6
peated,’’ after ‘‘(which period shall not begin to run’’. 7
(b) J
UDICIALREVIEW.—The first sentence of section 8
11(a) of the Occupational Safety and Health Act of 1970 9
(29 U.S.C. 660(a)) is amended— 10
(1) by inserting ‘‘(or the failure of the Commis-11
sion, including an administrative law judge, to make 12
a timely decision on a petition for a stay or other 13
review)’’ after ‘‘an order’’; 14
(2) by striking ‘‘subsection (c)’’ and inserting 15
‘‘subsection (c), (d), or (e)’’; and 16
(3) by inserting ‘‘(or in the case of a petition 17
from a final Commission order regarding a stay 18
under section 10(d), 15 days)’’ after ‘‘sixty days’’. 19
(c) F
AILURETOCORRECTVIOLATIONS.—Section 20
17(d) of the Occupational Safety and Health Act of 1970 21
(29 U.S.C. 666(d)) is amended to read as follows: 22
‘‘(d) Any employer who fails to correct a violation 23
designated by the Secretary as serious, willful, or repeated 24
and for which a citation has been issued under section 9(a) 25
within the period permitted for its correction (and a stay 26
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 40
•HR 3036 IH
has not been issued by the Commission under section 1
10(d)) may be assessed a civil penalty of not more than 2
$7,000 for each day during which such failure or violation 3
continues. Any employer who fails to correct any other vio-4
lation for which a citation has been issued under section 5
9(a) of this title within the period permitted for its correc-6
tion (which period shall not begin to run until the date 7
of the final order of the Commission in the case of any 8
review proceeding under section 10 initiated by the em-9
ployer in good faith and not solely for delay of avoidance 10
of penalties) may be assessed a civil penalty of not more 11
than $7,000 for each day during which such failure or vio-12
lation continues.’’. 13
PART F—PENALTIES 14
SEC. 351. CIVIL PENALTIES. 15
(a) I
NGENERAL.—Section 17 of the Occupational 16
Safety and Health Act of 1970 (29 U.S.C. 666) is further 17
amended— 18
(1) in subsection (a)— 19
(A) by striking ‘‘$70,000’’ and inserting 20
‘‘$700,000’’; 21
(B) by striking ‘‘$5,000’’ and inserting 22
‘‘$50,000’’; and 23
(C) by adding at the end the following: ‘‘In 24
determining whether a violation is repeated, the 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 41
•HR 3036 IH
Secretary or the Commission shall consider the 1
employer’s history of violations under this Act 2
and under State occupational safety and health 3
plans established under section 18.’’; 4
(2) in subsection (b), by striking ‘‘$7,000’’ and 5
inserting ‘‘$70,000’’; 6
(3) in subsection (c), by striking ‘‘$7,000’’ and 7
inserting ‘‘$15,625’’; 8
(4) in subsection (d), as amended by section 9
344(c), by striking ‘‘$7,000’’ inserting ‘‘$70,000’’; 10
(5) by redesignating subsections (e) through (i) 11
and subsections (j) through (l), as subsections (f) 12
through (j) and subsections (l) through (n), respec-13
tively; and 14
(6) in subsection (j) (as so redesignated) by 15
striking ‘‘$7,000’’ and inserting ‘‘$15,625’’. 16
(b) I
NFLATIONADJUSTMENT.—Section 17 of such 17
Act (29 U.S.C. 666), as amended by subsection (a), is fur-18
ther amended by inserting after subsection (d) the fol-19
lowing: 20
‘‘(e) Amounts provided under this section for civil 21
penalties shall be adjusted by the Secretary once each 22
year, not later than January 15 of such year, to account 23
for the percentage increase or decrease in the Consumer 24
Price Index for all urban consumers during such period, 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 42
•HR 3036 IH
consistent with the requirements of the Federal Civil Pen-1
alties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 2
note).’’. 3
SEC. 352. CRIMINAL PENALTIES. 4
(a) I
NGENERAL.—Section 17 of the Occupational 5
Safety and Health Act of 1970 (29 U.S.C. 666) (as 6
amended by section 351) is further amended— 7
(1) by amending subsection (f) (as redesignated 8
by section 351(a)(5)) to read as follows: 9
‘‘(f)(1) Any employer who knowingly violates any 10
standard, rule, or order promulgated under section 6 of 11
this Act, or of any regulation prescribed under this Act, 12
and that violation caused or significantly contributed to 13
the death of any employee, shall, upon conviction, be pun-14
ished by a fine in accordance with title 18, United States 15
Code, or by imprisonment for not more than 10 years, or 16
both, except that if the conviction is for a violation com-17
mitted after a first conviction of such person under this 18
subsection or subsection (i), punishment shall be by a fine 19
in accordance title 18, United States Code, or by imprison-20
ment for not more than 20 years, or by both. 21
‘‘(2) For the purpose of this subsection, the term ‘em-22
ployer’ means, in addition to the definition contained in 23
section 3 of this Act, any officer or director.’’; 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 43
•HR 3036 IH
(2) by amending subsection (g) (as redesignated 1
by section 351(a)(5)) to read as follows: 2
‘‘(g) Unless otherwise authorized by this Act, any 3
person that knowingly gives, causes to give, or attempts 4
to give or cause to give, advance notice of any inspection 5
conducted under this Act with the intention of impeding, 6
interfering with, or adversely affecting the results of such 7
inspection, shall be fined under title 18, United States 8
Code, imprisoned for not more than 5 years, or both.’’; 9
(3) in subsection (h) (as redesignated by section 10
351(a)(5)), by striking ‘‘fine of not more than 11
$10,000, or by imprisonment for not more than six 12
months,’’ and inserting ‘‘fine in accordance with title 13
18, United States Code, or by imprisonment for not 14
more than 5 years,’’; and 15
(4) by inserting after subsection (j) (as redesig-16
nated by section 351(a)(5)) the following: 17
‘‘(k)(1) Any employer who knowingly violates any 18
standard, rule, or order promulgated under section 6, or 19
any regulation prescribed under this Act, and that viola-20
tion caused or significantly contributed to serious bodily 21
harm to any employee but does not cause death to any 22
employee, shall, upon conviction, be punished by a fine in 23
accordance with title 18, United States Code, or by impris-24
onment for not more than 5 years, or by both, except that 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 44
•HR 3036 IH
if the conviction is for a violation committed after a first 1
conviction of such person under this subsection or sub-2
section (e), punishment shall be by a fine in accordance 3
with title 18, United States Code, or by imprisonment for 4
not more than 10 years, or by both. 5
‘‘(2) For the purpose of this subsection, the term ‘em-6
ployer’ means, in addition to the definition contained in 7
section 3 of this Act, any officer or director. 8
‘‘(3) For purposes of this subsection, the term ‘seri-9
ous bodily harm’ means bodily injury or illness that in-10
volves— 11
‘‘(A) a substantial risk of death; 12
‘‘(B) protracted unconsciousness; 13
‘‘(C) protracted and obvious physical disfigure-14
ment; or 15
‘‘(D) protracted loss or impairment, either tem-16
porary or permanent, of the function of a bodily 17
member, organ, or mental faculty.’’. 18
(b) J
URISDICTION FORPROSECUTIONUNDERSTATE 19
ANDLOCALCRIMINALLAWS.—Such section 17 (29 20
U.S.C. 666) is further amended by adding at the end the 21
following: 22
‘‘(o) Nothing in this Act shall preclude a State or 23
local law enforcement agency from conducting criminal 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 45
•HR 3036 IH
prosecutions in accordance with the laws of such State or 1
locality.’’. 2
SEC. 353. PREJUDGMENT INTEREST. 3
Section 17(n) of the Occupational Safety and Health 4
Act of 1970 (29 U.S.C. 666(n)) (as redesignated by sec-5
tion 351(a)(5)) is amended by adding at the end the fol-6
lowing: ‘‘Pre-final order interest on such penalties shall 7
begin to accrue on the date the party contests a citation 8
issued under this Act, and shall end upon the issuance 9
of the final order. Such pre-final order interest shall be 10
calculated at the current underpayment rate determined 11
by the Secretary of the Treasury pursuant to section 6621 12
of the Internal Revenue Code of 1986, and shall be com-13
pounded daily. Post-final order interest shall begin to ac-14
crue 30 days after the date a final order of the Commis-15
sion or the court is issued, and shall be charged at the 16
rate of 8 percent per year.’’. 17
TITLE IV—STATE PLANS 18
SEC. 401. CONCURRENT ENFORCEMENT AUTHORITY AND 19
REVIEW OF STATE OCCUPATIONAL SAFETY 20
AND HEALTH PLANS. 21
Section 18 of the Occupational Safety and Health Act 22
of 1970 (29 U.S.C. 668) is amended— 23
(1) by amending subsection (f) to read as fol-24
lows: 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 46
•HR 3036 IH
‘‘(f)(1) The Secretary shall, on the basis of reports 1
submitted by the State agency and the Secretary’s own 2
inspections, make a continuing evaluation of the manner 3
in which each State that has a plan approved under this 4
section is carrying out such plan. Such evaluation shall 5
include an assessment of whether the State continues to 6
meet the requirements of subsection (c) of this section and 7
any other criteria or indices of effectiveness specified by 8
the Secretary in regulations. Whenever the Secretary 9
finds, on the basis of such evaluation, that in the adminis-10
tration of the State plan there is a failure to comply sub-11
stantially with any provision of the State plan (or any as-12
surance contained therein), the Secretary shall make an 13
initial determination of whether the failure is of such a 14
nature that the plan should be withdrawn or whether the 15
failure is of such a nature that the State should be given 16
the opportunity to remedy the deficiencies, and provide no-17
tice of the Secretary’s findings and initial determination. 18
‘‘(2) If the Secretary makes an initial determination 19
to reassert and exercise concurrent enforcement authority 20
while the State is given an opportunity to remedy the defi-21
ciencies, the Secretary shall afford the State an oppor-22
tunity for a public hearing within 15 days of such request, 23
provided that such request is made not later than 10 days 24
after Secretary’s notice to the State. The Secretary shall 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 47
•HR 3036 IH
review and consider the testimony, evidence, or written 1
comments, and not later than 30 days following such hear-2
ing, make a determination to affirm, reverse, or modify 3
the Secretary’s initial determination to reassert and exer-4
cise concurrent enforcement authority under sections 8, 9, 5
10, 13, and 17 with respect to standards promulgated 6
under section 6 and obligations under section 5(a). Fol-7
lowing such a determination by the Secretary, or in the 8
event that the State does not request a hearing within the 9
timeframe set forth in this paragraph, the Secretary may 10
reassert and exercise such concurrent enforcement author-11
ity, while a final determination is pending under para-12
graph (3) or until the Secretary has determined that the 13
State has remedied the deficiencies as provided under 14
paragraph (4). Such determination shall be published in 15
the Federal Register. The procedures set forth in section 16
18(g) shall not apply to a determination by the Secretary 17
to reassert and exercise such concurrent enforcement au-18
thority. 19
‘‘(3) If the Secretary makes an initial determination 20
that the plan should be withdrawn, the Secretary shall 21
provide due notice and the opportunity for a hearing. If 22
based on the evaluation, comments, and evidence, the Sec-23
retary makes a final determination that there is a failure 24
to comply substantially with any provision of the State 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 48
•HR 3036 IH
plan (or any assurance contained therein), he shall notify 1
the State agency of the withdrawal of approval of such 2
plan and upon receipt of such notice such plan shall cease 3
to be in effect, but the State may retain jurisdiction in 4
any case commenced before the withdrawal of the plan in 5
order to enforce standards under the plan whenever the 6
issues involved do not relate to the reasons for the with-7
drawal of the plan. 8
‘‘(4) If the Secretary makes a determination that the 9
State should be provided the opportunity to remedy the 10
deficiencies, the Secretary shall provide the State an op-11
portunity to respond to the Secretary’s findings and the 12
opportunity to remedy such deficiencies within a time pe-13
riod established by the Secretary, not to exceed 1 year. 14
The Secretary may extend and revise the time period to 15
remedy such deficiencies, if the State’s legislature is not 16
in session during this 1-year time period, or if the State 17
demonstrates that it is not feasible to correct the defi-18
ciencies in the time period set by the Secretary, and the 19
State has a plan to correct the deficiencies within a rea-20
sonable time period. If the Secretary finds that the State 21
agency has failed to remedy such deficiencies within the 22
time period specified by the Secretary and that the State 23
plan continues to fail to comply substantially with a provi-24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 49
•HR 3036 IH
sion of the State plan, the Secretary shall withdraw the 1
State plan as provided for in paragraph (3).’’; and 2
(2) by adding at the end the following new sub-3
section: 4
‘‘(i) Not later than 18 months after the date of enact-5
ment of this subsection, and again 5 years thereafter, the 6
Comptroller General shall complete and issue a review of 7
the effectiveness of State plans to develop and enforce 8
safety and health standards to determine if they are at 9
least as effective as the Federal program and to evaluate 10
whether the Secretary’s oversight of State plans is effec-11
tive. The Comptroller General’s evaluation shall assess— 12
‘‘(1) the effectiveness of the Secretary’s over-13
sight of State plans, including the indices of effec-14
tiveness used by the Secretary; 15
‘‘(2) whether the Secretary’s investigations in 16
response to Complaints About State Plan Adminis-17
tration (CASPA) are adequate, whether significant 18
policy issues have been identified by headquarters 19
and corrective actions are fully implemented by each 20
State; 21
‘‘(3) whether the formula for the distribution of 22
funds described in section 23(g) to State programs 23
is fair and adequate; and 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 50
•HR 3036 IH
‘‘(4) whether State plans are as effective as the 1
Federal program in preventing occupational injuries, 2
illnesses and deaths, and investigating discrimina-3
tion complaints, through an evaluation of at least 20 4
percent of approved State plans, and which shall 5
cover— 6
‘‘(A) enforcement effectiveness, including 7
handling of fatalities, serious incidents and 8
complaints, compliance with inspection proce-9
dures, hazard recognition, verification of abate-10
ment, violation classification, citation and pen-11
alty issuance, including appropriate use of will-12
ful and repeat citations, and employee involve-13
ment; 14
‘‘(B) inspections, the number of pro-15
grammed health and safety inspections at pri-16
vate and public sector establishments, and 17
whether the State targets the highest hazard 18
private sector work sites and facilities in that 19
State; 20
‘‘(C) budget and staffing, including wheth-21
er the State is providing adequate budget re-22
sources to hire, train and retain sufficient num-23
bers of qualified staff, including timely filling of 24
vacancies; 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 51
•HR 3036 IH
‘‘(D) administrative review, including the 1
quality of decisions, consistency with Federal 2
precedent, transparency of proceedings, deci-3
sions and records are available to the public, 4
adequacy of State defense, and whether the 5
State appropriately appeals adverse decisions; 6
‘‘(E) anti-discrimination, including whether 7
discrimination complaints are processed in a 8
timely manner, whether supervisors and inves-9
tigators are properly trained to investigate dis-10
crimination complaints, whether a case file re-11
view indicates merit cases are properly identi-12
fied consistent with Federal policy and proce-13
dure, whether employees are notified of their 14
rights, and whether there is an effective process 15
for employees to appeal the dismissal of a com-16
plaint; 17
‘‘(F) program administration, including 18
whether the State’s standards and policies are 19
at least as effective as the Federal program and 20
are updated in a timely manner, and whether 21
National Emphasis Programs that are applica-22
ble in such States are adopted and implemented 23
in a manner that is at least as effective as the 24
Federal program; 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 52
•HR 3036 IH
‘‘(G) whether the State plan satisfies the 1
requirements for approval set forth in this sec-2
tion and its implementing regulations; and 3
‘‘(H) other such factors identified by the 4
Comptroller General, or as requested by the 5
Committee on Education and Workforce of the 6
House of Representatives or the Committee on 7
Health, Education, Labor, and Pensions of the 8
Senate.’’. 9
SEC. 402. EVALUATION OF REPEATED VIOLATIONS IN 10
STATE PLANS. 11
Section 18(c) of the Occupational Safety and Health 12
Act of 1970 (29 U.S.C. 668(c)) is amended— 13
(1) in paragraph (7), by striking ‘‘, and’’ and 14
inserting a comma; 15
(2) in paragraph (8), by striking the period at 16
the end and inserting ‘‘, and’’; and 17
(3) by adding after paragraph (8) the following 18
new paragraph: 19
‘‘(9) provides that in determining whether a 20
violation is repeated, the State shall consider the 21
employer’s violations within the State, in conjunction 22
with the employer’s history of violations under other 23
States’ occupational safety and health plans ap-24
proved by the Secretary and the employer’s history 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 53
•HR 3036 IH
of violations in those States where the Secretary has 1
jurisdiction under this Act, in a manner that is at 2
least as effective as provided under section 17.’’. 3
TITLE V—NATIONAL INSTITUTE 4
FOR OCCUPATIONAL SAFETY 5
AND HEALTH 6
SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NA-7
TIONAL INSTITUTE FOR OCCUPATIONAL 8
SAFETY AND HEALTH. 9
Section 20(a)(6) of the Occupational Safety and 10
Health Act of 1970 (29 U.S.C. 669(a)(6)) is amended by 11
striking the second sentence and inserting the following: 12
‘‘The Secretary shall determine following a written request 13
by any employer, authorized representative of current or 14
former employees, physician, other Federal agency, or 15
State or local health department, specifying with reason-16
able particularity the grounds on which the request is 17
made, whether any substance normally found in the place 18
of employment has potentially toxic effects in such con-19
centrations as used or found or whether any physical 20
agents, equipment, or working condition found or used has 21
potentially hazardous effects; and shall submit such deter-22
mination both to employers and affected employees as 23
soon as possible.’’. 24
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 54
•HR 3036 IH
SEC. 502. TRAINING AND EMPLOYEE EDUCATION. 1
Paragraph (1) of section 21(c) of the Occupational 2
Safety and Health Act of 1970 (29 U.S.C. 670(c)) is 3
amended to read as follows: ‘‘(1) provide for the establish-4
ment and supervision of programs for the education and 5
training of employers and employees in the recognition, 6
avoidance, and prevention of unsafe or unhealthful work-7
ing conditions, and employee rights and employer respon-8
sibilities under this Act, which shall include grant pro-9
grams to provide grants for nonprofit organizations (in-10
cluding grants to develop or expand the capacity of such 11
organizations to provide safety and health training, edu-12
cation, and related assistance to the targeted audiences, 13
grants for the training of employees and employers on oc-14
cupational safety and health hazards of particular concern 15
or for particular industries, or groups of workers at high 16
risk of injury, illness, or exposure to hazards, and grants 17
for the development of training materials on particular 18
topics), and’’. 19
TITLE VI—EFFECTIVE DATE 20
SEC. 601. EFFECTIVE DATE. 21
(a) G
ENERALRULE.—Except as provided for in sub-22
section (b), this Act and the amendments made by this 23
Act shall take effect on the date that is 90 days after the 24
date of the enactment of this Act. 25
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS 55
•HR 3036 IH
(b) EXCEPTION FORSTATES ANDPOLITICALSUB-1
DIVISIONS.—The following are exceptions to the effective 2
date described in subsection (a): 3
(1) A State that has a State plan approved 4
under section 18 of the Occupational Safety and 5
Health Act of 1970 (29 U.S.C. 667) shall amend its 6
State plan to conform with the requirements of this 7
Act and the amendments made by this Act not later 8
than 12 months after the date of the enactment of 9
this Act. The Secretary of Labor may extend the pe-10
riod for a State to make such amendments to its 11
State plan by not more than 12 months, if the 12
State’s legislature is not in session during the 12- 13
month period beginning with the date of the enact-14
ment of this Act. Such amendments to the State 15
plan shall take effect not later than 90 days after 16
the adoption of such amendments by such State. 17
(2) This Act and the amendments made by this 18
Act shall take effect on the date that is 36 months 19
after the date of the enactment of this Act with re-20
spect to a workplace of a State, or a political sub-21
division of a State, that does not have a State plan 22
approved under such section 18 (29 U.S.C. 667). 23
Æ
VerDate Sep 11 2014 22:39 May 06, 2025 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6301 E:\BILLS\H3036.IH H3036
ssavage on LAPJG3WLY3PROD with BILLS