Protecting America's Workers Act

Congress enacted the Occupational Safety and Health Act four decades ago to give American workers the right to a safe job. While progress has been made, the toll of workplace injuries, illnesses and fatalities remains enormous. Unlike most other federal safety and health laws, the Occupational Safety and Health Act of 1970 has never been updated. Major gaps and weaknesses exist, including weak penalties for serious and willful violations of the law, inadequate protections for workers who report hazards or job injuries, and a lack of coverage for millions of state and local public employees, flight attendants and others.

The Protecting America's Workers Act (PAWA), H.R. 2067 and S. 1580, will update and strengthen the Occupational Safety and Health Act and give workers stronger safety rights and protections.

The Protecting America's Workers Act:

• Raises OSHA Civil and Criminal Penalties for Job Safety Violations. The bill would raise penalties for OSHA violations to $12,000 for serious violations and $120,000 for willful and repeat violations. Violations resulting in worker deaths are given higher penalties and mandatory minimums under the bill, rather than the current slap on the wrist. Criminal violations of the Act will be made felonies rather than misdemeanors and cover cases that involve serious bodily injuries in addition to fatalities.

• Gives Coverage to State and Local Public Sector Workers, Federal Workers and Others Who Lack Full OSHA Protection. States could adopt a state OSHA plan to cover state and local workers, and if not, the federal law would apply. The bill would extend full OSHA protections to federal workers. The Secretary of Labor could extend OSHA coverage if another federal agency failed to provide protections as effective as OSHA to flight attendants and others who lack full protection under the current law.

• Gives Victims of Job Injuries and Illnesses and Family Members the Right to be Heard. Workers who have been injured or made ill would have the right to meet with OSHA investigators, receive copies of any citations and be heard before any settlements are reached under the bill. If a worker is killed or incapacitated, family members will be able to participate on the worker's behalf.

• Improves Protections for Workers Who Raise Job Safety Concerns and Report Injuries or Illnesses. The bill gives workers the right to pursue their case if OSHA fails to act in a timely fashion and makes a worker's right to refuse unsafe work part of the law. Retaliation against a worker for reporting a job injury or illness will be prohibited, and employers will not be able to establish policies or practices that discourage or discriminate against workers for these reports of injuries or illnesses.

• Bans the Use of "Unclassified" Violations and Calls for Correction of Hazards While Employer Contests of Violations are Pending. The bill would ban the practice of issuing "unclassified" violations, which employers often seek to avoid having a record of serious, willful and repeat OSHA violations which may count against them in litigation or contract awards. Employers would also be required to correct violations, even if they contest citations or penalties, to ensure that workers are protected while the employer's contest is reviewed, which is not required under the current law.

• Extends Worker and Union Rights in OSHA Cases. Under the bill workers are to be paid for time spent participating in OSHA inspections. Workers' and unions' rights in enforcement proceedings are expanded by providing them the right to contest the classification of violations and proposed penalties, not just the abatement date, as is now the case. Workers and unions are also allowed to object and ask for a review of modifications to citations that have been issued.

Please contact your congressional representatives and senators and urge them to support H.R. 2067 and S. 1580

Resource: USW