HR 3036
Protecting America’s Workers Act
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Bill overview
The Protecting America’s Workers Act expands workplace safety and health protections to include federal, state, and local government employees. It strengthens whistleblower protections by increasing penalties for retaliation and establishing a process for victims to seek redress. The bill also improves reporting requirements, enforcement procedures, and clarifies the duties of employers to provide hazard-free workplaces. Finally, it revises state plan oversight and addresses penalties for violations.
Key provisions
- Expands coverage of workplace safety and health to include public employees, authorized employee representatives, and voluntary emergency responders.
- Enhances whistleblower protections by increasing penalties for retaliation and establishing a process for victims to seek redress.
- Improves reporting, inspection, and enforcement procedures, including enhanced recordkeeping requirements and increased penalties for serious violations.
- Establishes rights for victims and their families related to workplace injuries and deaths.
- Revises state plan oversight and concurrent enforcement authority.
- Updates national consensus standards to align with current safety and health practices.
- Clarifies employer duties regarding hazard-free workplaces.
- Adjusts penalties for inflation and increases civil and criminal penalties for certain violations.
Who is affected
- Federal government employees
- State and local government employees
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
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119th CONGRESS — 1st Session
H. R. 3036
IN THE HOUSE OF REPRESENTATIVES
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.
.Protecting America’s Workers Act
The table of contents for this Act is as follows:
but does not includeand all that follows through the period at the end and inserting
including the United States, a State, or a political subdivision of a State..
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).
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:
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
includes a representative authorized by employees, a representative of employees, or any other representative of an employee under this Act.
Section 4(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) is amended—
by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and
by striking paragraph (1) and inserting the following:
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.
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.
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); or
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.
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.).
Section 11(c)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended—
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—
such
by striking this Act or has
and inserting the following:
this Act;
such employee has
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;
such employee has refused to violate any provision of this Act; or
of the exercise
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
.
Section 11(c) of such Act (29 U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the following:
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.
Section 11(c) of such Act (29 U.S.C. 660(c)) is amended by striking paragraph (3) and inserting the following:
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).
An employee may take the action permitted by paragraph (3) not later than 180 days after the later of—
the date on which an alleged violation of paragraph (1) or (2) occurs; or
the date on which the employee knows or should reasonably have known that such alleged violation occurred.
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.
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—
shall include—
interviewing the complainant;
providing the respondent an opportunity to—
submit to the Secretary a written response to the complaint; and
meet with the Secretary to present statements from witnesses or provide evidence; and
providing the complainant an opportunity to—
receive any statements or evidence provided to the Secretary;
meet with the Secretary; and
rebut any statements or evidence; and
may include issuing subpoenas for the purposes of such 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.
A de novo hearing on the record before an administrative law judge may be requested—
by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5)(A); or
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.
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.
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.
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).
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.
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.
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.
The complainant may bring a de novo action described in subparagraph (B) if—
an administrative law judge has not issued a decision and order within the 90-day time period required under paragraph (7)(B)(iii); or
the review board has not issued a decision and order within the 90-day time period required under paragraph (8)(C).
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.
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.
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).
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.
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.
affirmative action to abate the violation;
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;
compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and
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.
reasonable attorneys’ fees; and
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.
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.
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—
the Secretary under paragraph (5); or
a State plan administrator in such State.
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
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.
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)
.
Section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654(a)(1)) is amended—
in subsection (a), by amending paragraph (1) to read as follows:
by adding at the end the following new subsection:
Section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) is amended—
in subsection (a)—
by striking Without regard
and inserting (1) Without regard
;
by striking chapter 5
and inserting chapters 5 and 6
;
by striking shall, as soon as practicable
and inserting the following:
shall—
In theand inserting the following:
by striking designated employees.
and inserting designated employees; and
;
by adding after paragraph (1) (as designated by subparagraph (A)) the following:
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—the standard has been superseded by a standard promulgated pursuant to subsection (b); or
the Secretary determines such update would not result in improved health or safety for specifically designated employees.
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
by adding at the end the following:
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).
.
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:
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.
.
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:
In this subsection:
The term incident resulting in death means an incident that results in the death of an employee.
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—
the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation;
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
such duty does not expire solely because the employer fails to create the necessary records when first required to do so.
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.
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).
.
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:
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:
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—
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;
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;
be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and
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).
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—
be notified of the time and date of any proceeding before the Commission;
receive pleadings and any decisions relating to the proceedings; and
be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission.
The Secretary shall establish procedures—
to inform victims of their rights under this section; and
for the informal review of any claim of a denial of such a right.
The Commission shall—
establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and
in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission.
keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and
assist victims in asserting their rights under this section.
In this section, the term victim means—
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
a family member (as further defined by the Secretary) of a victim described in paragraph (1), if—
the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or
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.
Section 10(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(c)) is amended—
in the first sentence—
that he intends to contest a citation issued under section (9)the following:
(or a modification of a citation issued under this section);
by inserting after the issuance of a citation under section 9
the following: (including a modification of a citation issued under such section)
; and
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
;
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
by amending the last sentence—
employers andafter
Commission shall provide; and
, and notification of any modification of a citationbefore the period at the end.
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:
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.
The filing of a notice of contest by an employer—
shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated; and
may operate as a stay of the period for correction of a violation not designated by the Secretary as serious, willful, or repeated.
a substantial likelihood of success on the areas contested under subparagraph (A); and
that a stay will not adversely affect the health and safety of workers.
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:
That a decision of an administrative law judge on a motion for stay is rendered on a timely basis.
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.
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:
shall be deemed a final decision or order of the Commission; and
may be appealed pursuant to section 11(a).
Paragraph (1) shall not apply with respect to motions to stay filed under subsection (d)(3).
, with the exception of violations designated as serious, willful, or repeated,after
(which period shall not begin to run.
The first sentence of section 11(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(a)) is amended—
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
;
by striking subsection (c)
and inserting subsection (c), (d), or (e)
; and
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
.
Section 17(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(d)) is amended to read as follows:
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.
in subsection (a)—
by striking $70,000
and inserting $700,000
;
by striking $5,000
and inserting $50,000
; and
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.
;
in subsection (b), by striking $7,000
and inserting $70,000
;
in subsection (c), by striking $7,000
and inserting $15,625
;
in subsection (d), as amended by section 344(c), by striking $7,000
inserting $70,000
;
in subsection (j) (as so redesignated) by striking $7,000
and inserting $15,625
.
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).
by amending subsection (f) (as redesignated by section 351(a)(5)) to read as follows:
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.
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
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.
protracted unconsciousness;
protracted and obvious physical disfigurement; or
protracted loss or impairment, either temporary or permanent, of the function of a bodily member, organ, or mental faculty.
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.
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.
.
Section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668) is amended—
by amending subsection (f) to read as follows:
by adding at the end the following new subsection:
the effectiveness of the Secretary’s oversight of State plans, including the indices of effectiveness used by the Secretary;
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;
whether the formula for the distribution of funds described in section 23(g) to State programs is fair and adequate; and
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—
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;
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;
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;
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;
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;
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;
whether the State plan satisfies the requirements for approval set forth in this section and its implementing regulations; and
Section 18(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 668(c)) is amended—
in paragraph (7), by striking , and
and inserting a comma;
in paragraph (8), by striking the period at the end and inserting , and
; and
by adding after paragraph (8) the following new paragraph:
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.
.
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
.