What does Preamble of Protecting America’s Workers Act do?

This bill proposes amendments to the Occupational Safety and Health Act of 1970. The proposed changes aim to expand coverage under the Act. It seeks to increase protections for whistleblowers. The bill intends to increase penalties for high gravity violations. Penalties are to be adjusted for inflation. The legislation also aims to provide rights for victims or their family members.

What does COVERAGE OF PUBLIC EMPLOYEES. of Protecting America’s Workers Act do?

This section amends Section 3(5) of the Occupational Safety and Health Act of 1970. The amendment strikes language excluding certain entities and inserts language including the United States, a State, or a political subdivision of a State. This Act does not affect the application of section 18 of the Occupational Safety and Health Act of 1970.

What does AUTHORIZED EMPLOYEE REPRESENTATIVES. of Protecting America’s Workers Act do?

This section amends Section 3 of the Occupational Safety and Health Act of 1970. It adds a definition for 'authorized employee representative'. An 'authorized employee representative' represents at least one employee at a workplace. The representative can be authorized by employees, a representative of employees, or another representative of an employee.

What does APPLICATION OF ACT. of Protecting America’s Workers Act do?

This section amends Section 4(b) of the Occupational Safety and Health Act of 1970. It allows the Secretary to certify that a federal agency's standard or regulation provides equivalent or better protection to employees than the Occupational Safety and Health Act, enabling the Secretary to cede jurisdiction. The certification notice must be published in the Federal Register and include the determination and reasons. The Secretary must avoid duplication and conflicts between health and safety requirements when ceding jurisdiction. Procedures are established for individuals adversely affected by a jurisdiction ceding decision to petition the Secretary for rescission of the certification notice. The Secretary must investigate petitions and issue a decision within 90 days. Individuals can petition the United States Court of Appeals for judicial review of decisions related to jurisdiction ceding or petition denials, within 60 days. Judicial review can overturn the Secretary's decision if found arbitrary, capricious, or not in accordance with law. This Act does not apply to working conditions covered by the Federal Mine Safety and Health Act of 1977.

What does ENHANCED PROTECTIONS FROM RETALIATION. of Protecting America’s Workers Act do?

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What does GENERAL DUTY OF EMPLOYERS. of Protecting America’s Workers Act do?

This section amends Section 5 of the Occupational Safety and Health Act of 1970. It modifies paragraph (1) of subsection (a) to require employers to furnish employment and a place of employment free from recognized hazards causing or likely to cause death or serious physical harm. The amendment specifies that hazards must be those the employer creates or controls, or to which the employer exposes employees or other workers. A new subsection (c) is added, stating that each exposure to a hazard in violation of subsection (a) may constitute a separate violation.

What does OCCUPATIONAL SAFETY AND HEALTH STANDARDS. of Protecting America’s Workers Act do?

This section amends Section 6 of the Occupational Safety and Health Act of 1970. It modifies the process for establishing occupational safety and health standards, including consideration of national consensus standards. The Secretary is required to update national consensus standards within two years of the effective date of section 601(a) of the Protecting America's Workers Act, unless certain conditions are met. Standards will not be updated if they have been superseded by a standard promulgated under subsection (b) or if an update would not improve health or safety. The amendment inserts language regarding national consensus standards in paragraph (2). A new subsection (h) is added, stating that no standard, rule, or regulation promulgated under the Act shall reduce existing protections.

What does POSTING OF EMPLOYEE RIGHTS. of Protecting America’s Workers Act do?

This section amends Section 8(c)(1) of the Occupational Safety and Health Act of 1970. The amendment requires employers to post information for employees regarding protections under section 11(c).

What does EMPLOYER REPORTING OF WORK-RELATED INJURIES, ILLNESS, DEATHS, of Protecting America’s Workers Act do?

This section amends 29 U.S.C. 657(c)(2) to require employers to promptly notify the Secretary of any work-related death or hospitalization resulting from an injury or illness. It prohibits employers from adopting policies that discourage accurate recordkeeping or reporting of work-related injuries or illnesses, or that discriminate against employees who report such incidents. Employers subject to specific regulations (29 CFR 1904.41 and 1902.7(d)) must annually electronically report work-related death, injury, and illness information to the Secretary. The Secretary must make these reports publicly available in a searchable format. Site-controlling employers must maintain a site log for all recordable injuries and illnesses at each work site, including those of independent contractors. The term 'site-controlling employer' is defined as the employer with primary control over a work site where multiple employers' employees work.

What does NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS. of Protecting America’s Workers Act do?

This section amends Section 8(e) of the Fair Labor Standards Act (29 U.S.C. 657(e)). The amendment adds language stating that time spent by an employee participating in or aiding an inspection is considered hours worked. The amendment prohibits employers from imposing any loss of wages, benefits, or other employment terms and conditions on employees for participating in or aiding an inspection.