Occupational Safety and Health NewsAlertCongressman George Miller, Chairman of the House Committee on Education and Labor, has released a “discussion draft” of a bill which would make significant changes to the Federal Mine Safety and Health Act of 1977. The last thirty pages of the proposed “Mine Safety and Health Act of 2010” proposes to amend the Occupational Safety and Health Act of 1970 (“OSH Act”).
A copy of the discussion draft may be found at: http://edlabor.house.gov/documents/111/pdf/legislation/MineSafety2010.pdf. The provisions relating to the OSH Act begin at page seventy-one.
The following highlights the significant proposed changes:
Civil and Criminal Penalties
· For willful or repeat violations, the maximum penalty would be increased to $120,000 and the minimum penalty increased to $8000 for willful violations.
· Penalties for willful or repeat violations which cause or contribute to the death of an employee would be increased to not more than $250,000 for each violation, and there would be a minimum penalty of $50,000 for each violation.
· For serious or other than serious violations, the maximum penalty would be increased to $12,000.
· The penalty for a serious violation which causes or contributes to the death of an employee would be increased to not more than $50,000 for each violation, and there would be a minimum penalty of $20,000 for each violation.
· Knowing violations of any rule, standard, or order which cause or contribute to the death of an employee could be punished by a fine and imprisonment of not more than 10 years or both. A second conviction could result in imprisonment for up to 20 years.
· Knowing violations of any rule, standard, or order which cause or contribute to the serious bodily harm, but not death, of an employee could be punished by a fine and imprisonment of not more than 5 years or both. A second conviction could result in imprisonment for up to 10 years.
· Requires the Secretary to adjust penalties for inflation every four years starting January 1, 2015.
· Pre-final order interest would begin to accrue on the date the employer contests a citation and ends upon the entry of a final order.
Correction of Serious, Willful, or Repeated Violations
· Provides that the period for abatement for violations designated as serious, willful, or repeat begins upon receipt of the citation.
· Provides that filing a Notice of Contest does not operate as a stay of the period for correction of a violation designated as serious, willful, or repeat.
· Provides specific criteria an administrative law judge must consider before granting a stay for the correction of a violation.
Anti-Retaliation
· Moves initial proceedings for anti-retaliation complaints out of the Federal district courts and into the Department of Labor’s administrative process.
· Allows the complainant to file a separate action in Federal district court if the administrative law judge or review board fails to decide the case within specified time periods.
Victims’ Rights
· Provides the victim, or a representative of a victim, the right to meet with OSHA prior to any decision to issue a citation or take no action. “Victim” is defined as a current or former employee who has sustained a work-related injury or illness that is subject to an OSHA inspection or investigation, or a family member of an employee who dies from or is incapacitated by a work-related illness.
· Provides a victim, or a representative of a victim, the right to receive notices of hearing, copies of pleadings and decisions, and the opportunity to appear at the hearing and to make a statement in accordance with the Commission’s rules.
· Provides a victim, or a representative of a victim, the right to appear and make a statement during settlement negotiations.
We believe Congress will hold legislative hearings shortly after Congress returns from the July 4th break. Republicans were critical of the broad scope of the draft legislation and the lack of bipartisanship. Senator Mike Enzi (R-WY) expressed his disappointment in the legislation and stated that, instead of pursuing a bi-partisan productive approach, “Democrats have chosen to introduce a sweeping piece of legislation that affects every business in this country and only amplifies the adversarial role of OSHA and MSHA, without increasing safety.”
Jackson Kelly’s Occupational Safety & Health practice group will continue to follow the developments of this “Discussion Draft” Bill.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Denver, Colorado
Responsible Attorney
Karen L. Johnston
(303) 390-0008
For more information, contact:
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Laura E. Beverage (303) 390-0003 |
Karen L. Johnston (303) 390-0003
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R. Henry Moore (412) 434-8801 |
Michael T. Cimino (304) 340-1000
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