Legislation Now Before The 111th Congress
What Is PAWA?
The Protecting America's Workers Act [PAWA] is legislation currently before the Senate [S.1580] and House of Representatives [H.R.2067] which will for the first time since the passage of the Occupational Safety and Health Act [OSHA, 1970] that it will be strengthened rather than weakened and vital updates to the Mine Safety and Health Act [MSHA, 1977], that were not a part of the MINER Act of 2006, will be instituted. Additionally millions of workers will gain protection for the first time ever and OSHA will have the ability to bring forth regulations and standards that languished in limbo under previous Administrations. PAWA would also increase the maximum penalty OSHA can fine an employer who is noncompliant and strengthens protections under OSHA for whistleblowers.
Updating OSHA and more!
Brief Description of House of Representatives Bill 2067
This bill was brought forward by Rep. Lynn Woolsey [D-CA] in April of 2009. Some of the key provisions of this bill are :
- Protecting America's Workers Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to expand its coverage to federal, state, and local government employees. Authorizes the Secretary of Labor, under specified conditions, to cede OSHA jurisdiction to another federal agency with respect to certain occupational standards or regulations for such agency's employees. Declares OSHA inapplicable to working conditions covered by the Federal Mine Safety and Heath Act of 1977. Sets forth increased protections for whistle blowers under OSHA. Sets forth provisions relating to:
- the posting of employee rights;
- a prohibition against the adoption or implementation of policies or practices by employers that discourage the reporting of work-related injuries or illnesses or that discriminate or provide for adverse action against any employee for reporting such injury or illness;
- a prohibition against the loss of wages or employee benefits as a result of an employee participating in or aiding workplace inspections;
- investigations of incidents in a place of employment resulting in a death or the hospitalization of two or more employees;
- a prohibition against designating a citation for an occupational health and safety standard violation as an unclassified citation;
- the rights of an employee who has sustained a work-related injury or illness that is the subject of an investigation;
- an employer's right to contest citations and penalties;
- the Secretary's assertion of an employer's failure to correct a serious hazard during an employer's contest to a citation; and
- employee objections to modifications of citations. Increases civil and criminal penalties for certain OSHA violators. Requires a state that has an approved plan for the development and enforcement of occupational safety and health standards to amend its plan to conform to the requirements of this Act within 12 months after enactment of this Act.
- Protecting America's Workers Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to expand its coverage to federal, state, and local government employees. Authorizes the Secretary of Labor, under specified conditions, to cede OSHA jurisdiction to another federal agency with respect to certain occupational standards or regulations for such agency's employees. Declares OSHA inapplicable to working conditions covered by the Federal Mine Safety and Heath Act of 1977. Sets forth increased protections for whistle blowers under OSHA. Sets forth provisions relating to:
- the posting of employee rights;
- a prohibition against the adoption or implementation of policies or practices by employers that discourage the reporting of work-related injuries or illnesses or that discriminate or provide for adverse action against any employee for reporting such injury or illness;
- a prohibition against the loss of wages or employee benefits as a result of an employee participating in or aiding workplace inspections;
- investigations of incidents in a place of employment resulting in a death or the hospitalization of two or more employees;
- a prohibition against designating a citation for an occupational health and safety standard violation as an unclassified citation;
- the rights of an employee who has sustained a work-related injury or illness that is the subject of an investigation;
- an employer's right to contest citations and penalties;
- the Secretary's assertion of an employer's failure to correct a serious hazard during an employer's contest to a citation; and
- employee objections to modifications of citations. Increases civil and criminal penalties for certain OSHA violators. Requires a state that has an approved plan for the development and enforcement of occupational safety and health standards to amend its plan to conform to the requirements of this Act within 12 months after enactment of this Act.
Brief Description of Senate Bill 1580
This bill was brought forward by the late Sen. Edward Kenedy [D-MA] in August 2009 and was in fact the final piece of legislation he Sponsored prior to his death. Some of the key provisions of this bill are :
