This legislation, titled the "Protecting America's Workers Act," aims to comprehensively update and strengthen the Occupational Safety and Health Act of 1970. A primary goal is to expand coverage to all public employees, including those at federal, state, and local levels, ensuring they receive the same safety and health protections as private sector workers. It also broadens the definition of an "authorized employee representative" to include any person or organization representing at least one employee. The bill significantly enhances whistleblower protections , prohibiting retaliation against employees who report safety concerns, refuse to violate the Act, or exercise their rights. It establishes detailed procedures for handling whistleblower complaints, including investigations, hearings, and administrative appeals, with a 180-day statute of limitations. Employees are protected from discrimination for refusing duties if they have a reasonable apprehension of serious injury, and successful complainants can receive comprehensive relief, including reinstatement, compensatory damages, and attorneys' fees. Reporting, inspection, and enforcement mechanisms are substantially improved. Employers will be required to promptly report all work-related deaths, hospitalizations, amputations, or loss of an eye , and policies discouraging accurate injury reporting are prohibited. Electronic reporting of injury and illness data will be mandated and made publicly available, and site-controlling employers must maintain site logs for all workers. Employees participating in inspections will be compensated for their time, and all fatalities and significant incidents (two or more hospitalizations) must be investigated by the Secretary. The legislation also grants new rights to victims and their families during inspections, investigations, and proceedings before the Occupational Safety and Health Review Commission. These rights include meeting with the Secretary, receiving citations, being informed of contest notices, and making statements. The Secretary is required to establish procedures to inform victims of their rights and designate family liaisons to assist them. Civil and criminal penalties for violations are substantially increased . For instance, willful or repeated violations will carry a maximum civil penalty of $700,000 (up from $70,000), with a minimum of $50,000 (up from $5,000). Serious violations will increase to $70,000 (from $7,000). Criminal penalties for knowing violations causing death can lead to up to 10 years imprisonment (20 years for repeat offenses), and new criminal penalties are introduced for violations causing serious bodily harm. The bill also mandates annual inflation adjustments for civil penalties and imposes prejudgment interest on assessed penalties. Regarding enforcement procedures, the bill clarifies that a violation continues as long as requirements are not met and prohibits unclassified citations. It stipulates that contesting serious, willful, or repeated violations does not automatically stay the abatement period, though employers can file motions for a stay under strict criteria. The bill also addresses inaction by the Review Commission, deeming administrative law judge decisions final after one year if the Commission lacks a quorum. Furthermore, it strengthens the Secretary's oversight of state occupational safety and health plans, allowing for concurrent federal enforcement if a state plan is found deficient. The Comptroller General will conduct regular reviews of state plan effectiveness, and state plans must consider an employer's violation history across all states and federal jurisdiction when determining repeated violations. Finally, the bill expands who can request health hazard evaluations from the National Institute for Occupational Safety and Health (NIOSH) and broadens NIOSH's training and education programs, including grants for non-profit organizations.
Protecting America’s Meatpacking Workers Act of 2023
Introduced in House
Referred to the House Committee on Education and Workforce.
Labor and Employment
Protecting America’s Workers Act
USA119th CongressHR-3036| House
| Updated: 4/28/2025
This legislation, titled the "Protecting America's Workers Act," aims to comprehensively update and strengthen the Occupational Safety and Health Act of 1970. A primary goal is to expand coverage to all public employees, including those at federal, state, and local levels, ensuring they receive the same safety and health protections as private sector workers. It also broadens the definition of an "authorized employee representative" to include any person or organization representing at least one employee. The bill significantly enhances whistleblower protections , prohibiting retaliation against employees who report safety concerns, refuse to violate the Act, or exercise their rights. It establishes detailed procedures for handling whistleblower complaints, including investigations, hearings, and administrative appeals, with a 180-day statute of limitations. Employees are protected from discrimination for refusing duties if they have a reasonable apprehension of serious injury, and successful complainants can receive comprehensive relief, including reinstatement, compensatory damages, and attorneys' fees. Reporting, inspection, and enforcement mechanisms are substantially improved. Employers will be required to promptly report all work-related deaths, hospitalizations, amputations, or loss of an eye , and policies discouraging accurate injury reporting are prohibited. Electronic reporting of injury and illness data will be mandated and made publicly available, and site-controlling employers must maintain site logs for all workers. Employees participating in inspections will be compensated for their time, and all fatalities and significant incidents (two or more hospitalizations) must be investigated by the Secretary. The legislation also grants new rights to victims and their families during inspections, investigations, and proceedings before the Occupational Safety and Health Review Commission. These rights include meeting with the Secretary, receiving citations, being informed of contest notices, and making statements. The Secretary is required to establish procedures to inform victims of their rights and designate family liaisons to assist them. Civil and criminal penalties for violations are substantially increased . For instance, willful or repeated violations will carry a maximum civil penalty of $700,000 (up from $70,000), with a minimum of $50,000 (up from $5,000). Serious violations will increase to $70,000 (from $7,000). Criminal penalties for knowing violations causing death can lead to up to 10 years imprisonment (20 years for repeat offenses), and new criminal penalties are introduced for violations causing serious bodily harm. The bill also mandates annual inflation adjustments for civil penalties and imposes prejudgment interest on assessed penalties. Regarding enforcement procedures, the bill clarifies that a violation continues as long as requirements are not met and prohibits unclassified citations. It stipulates that contesting serious, willful, or repeated violations does not automatically stay the abatement period, though employers can file motions for a stay under strict criteria. The bill also addresses inaction by the Review Commission, deeming administrative law judge decisions final after one year if the Commission lacks a quorum. Furthermore, it strengthens the Secretary's oversight of state occupational safety and health plans, allowing for concurrent federal enforcement if a state plan is found deficient. The Comptroller General will conduct regular reviews of state plan effectiveness, and state plans must consider an employer's violation history across all states and federal jurisdiction when determining repeated violations. Finally, the bill expands who can request health hazard evaluations from the National Institute for Occupational Safety and Health (NIOSH) and broadens NIOSH's training and education programs, including grants for non-profit organizations.