This bill, titled the "Protecting America's Workers Act," aims to significantly strengthen worker safety and health protections by amending the Occupational Safety and Health Act of 1970. A primary focus is the expansion of coverage to include all federal, state, and local government employees, ensuring they receive the same protections as private sector workers. It also clarifies the definition of an authorized employee representative , broadening who can advocate for workers' safety. The legislation introduces substantial enhancements to whistleblower protections , safeguarding employees who report safety concerns, refuse unsafe work, or participate in investigations. It establishes a more robust complaint process, including preliminary reinstatement orders, administrative hearings, and judicial review, and allows for compensatory and exemplary damages, as well as attorney fees. These rights are explicitly stated as non-waivable, even through arbitration or collective bargaining agreements. Reporting, inspection, and enforcement mechanisms are also significantly improved. Employers will be required to post employee rights, promptly notify the Secretary of any work-related death or hospitalization of two or more employees, and are prohibited from discouraging injury reporting. The bill mandates electronic reporting of injury and illness data and requires site-controlling employers to maintain comprehensive site logs for all workers. Furthermore, employees will be compensated for time spent participating in inspections. New provisions grant specific rights to victims and their families following workplace incidents, including the right to meet with the Secretary, receive copies of citations, be informed of contest notices, and make statements during settlement negotiations. The Secretary is also required to designate family liaisons to assist victims. The bill also clarifies that violations continue until corrected and prohibits the issuance of unclassified citations. Civil and criminal penalties for violations are substantially increased, with maximum civil penalties for willful or repeated violations rising to $700,000 and minimum penalties introduced for serious and other-than-serious violations. Criminal penalties for knowing violations leading to death or serious bodily harm are also elevated, with potential imprisonment for officers and directors. Additionally, all civil penalties will be adjusted annually for inflation, and prejudgment interest will accrue on contested penalties. Federal oversight of State occupational safety and health plans is strengthened, allowing the Secretary to reassert concurrent enforcement authority if a state plan is found deficient. The Comptroller General is mandated to conduct regular reviews of state plan effectiveness. State plans will also be required to consider an employer's violation history across all states and federal jurisdiction when classifying repeated violations, ensuring consistent enforcement. Finally, the bill expands the scope of health hazard evaluations conducted by the National Institute for Occupational Safety and Health (NIOSH) and enhances training and employee education programs.
This bill, titled the "Protecting America's Workers Act," aims to significantly strengthen worker safety and health protections by amending the Occupational Safety and Health Act of 1970. A primary focus is the expansion of coverage to include all federal, state, and local government employees, ensuring they receive the same protections as private sector workers. It also clarifies the definition of an authorized employee representative , broadening who can advocate for workers' safety. The legislation introduces substantial enhancements to whistleblower protections , safeguarding employees who report safety concerns, refuse unsafe work, or participate in investigations. It establishes a more robust complaint process, including preliminary reinstatement orders, administrative hearings, and judicial review, and allows for compensatory and exemplary damages, as well as attorney fees. These rights are explicitly stated as non-waivable, even through arbitration or collective bargaining agreements. Reporting, inspection, and enforcement mechanisms are also significantly improved. Employers will be required to post employee rights, promptly notify the Secretary of any work-related death or hospitalization of two or more employees, and are prohibited from discouraging injury reporting. The bill mandates electronic reporting of injury and illness data and requires site-controlling employers to maintain comprehensive site logs for all workers. Furthermore, employees will be compensated for time spent participating in inspections. New provisions grant specific rights to victims and their families following workplace incidents, including the right to meet with the Secretary, receive copies of citations, be informed of contest notices, and make statements during settlement negotiations. The Secretary is also required to designate family liaisons to assist victims. The bill also clarifies that violations continue until corrected and prohibits the issuance of unclassified citations. Civil and criminal penalties for violations are substantially increased, with maximum civil penalties for willful or repeated violations rising to $700,000 and minimum penalties introduced for serious and other-than-serious violations. Criminal penalties for knowing violations leading to death or serious bodily harm are also elevated, with potential imprisonment for officers and directors. Additionally, all civil penalties will be adjusted annually for inflation, and prejudgment interest will accrue on contested penalties. Federal oversight of State occupational safety and health plans is strengthened, allowing the Secretary to reassert concurrent enforcement authority if a state plan is found deficient. The Comptroller General is mandated to conduct regular reviews of state plan effectiveness. State plans will also be required to consider an employer's violation history across all states and federal jurisdiction when classifying repeated violations, ensuring consistent enforcement. Finally, the bill expands the scope of health hazard evaluations conducted by the National Institute for Occupational Safety and Health (NIOSH) and enhances training and employee education programs.