Protecting America’s Workers Act

Federal safety law leaves out government employers today. The bill would cover federal, state, and local workers, though state and local sites in states without their own plan would get 36 months.

An employer's safety duty runs to its own employees today. The bill would make employers keep the site free of known hazards for anyone working there, including contractors and staffing-agency workers.

You could refuse a task if a reasonable person would see a risk of serious injury. You would have to raise the concern with your employer first when you can.

Workers now have 30 days to report being punished for raising a safety issue. The bill would give 180 days, counted from when the worker knew about it.

The bill would multiply the fine amounts written in the law by ten. The least a willful violation could cost would rise from $5,000 to $50,000, and the amounts would be updated for inflation each year.

One unsafe condition is usually cited once. The bill would let each worker exposed to that hazard count as its own violation, so a crew of ten could mean ten penalties.

Contesting a citation now pauses the clock to fix the problem. The bill would start that clock when the citation arrives, unless a judge grants a pause.

Time a worker spends walking an inspector through the site would be paid time. The employer could not cut wages or benefits for taking part.

Some job contracts make workers settle disputes in private arbitration instead of court. The bill would void those clauses for safety retaliation claims.

A knowing violation that caused or greatly added to a worker's death could bring up to 10 years. A second conviction could bring up to 20 years.

There is no criminal charge today for a safety violation that maims but does not kill. The bill would add one, covering injuries like lost limbs or lasting organ damage.

Safety crimes today reach the employer as a company. The bill would define employer to include any officer or director, so individuals could face prison.

Tipping off a workplace about a coming inspection is already a crime with a short jail term. The bill would allow up to five years and a larger fine.

Knowingly filing a false safety record or statement carries up to six months today. The bill would raise that to five years and lift the $10,000 fine cap.

Larger employers would send their injury and illness records to the government each year. The government would have to post them in a form anyone can search.

The rules would have to require prompt notice to the government of any work-related death, overnight hospital stay, amputation, or loss of an eye.

Whether to look into a workplace death is up to the agency today. The bill would require an investigation, and require one whenever two or more workers are hospitalized.

An injured worker, or the family of one who died, could meet with investigators and get a free copy of the citation. They could also speak before a settlement is signed.

Many states run their own workplace safety programs in place of federal OSHA. The Government Accountability Office would review at least a fifth of them for whether they match the federal program.

If the Labor Department or its judges miss their deadlines, the worker could take the case to federal court instead. Either side could ask for a jury.