H.R. 5663: Promoting Worker Health and Safety in All Workplaces
(Note: The information below pertains to the version of H.R. 5663 that was amended and passed by the Committee on July 21, 2010.)THE ROBERT C. BYRD MINER SAFETY AND HEALTH ACT: Making Work Safer for America’s Miners
The Miner Safety and Health Act of 2010 (H.R. 5663) would promote worker health and safety in all workplaces.
Problem: Workplace whistleblower protections are the oldest and least protective of all of the whistleblower laws.
Solution: The bill will put workplace health and safety whistleblower protections on a par with other more modern whistleblower laws found in the Consumer Product Safety Improvement Act, the Federal Railroad Safety Act and most recently in the Frank-Dodd financial services bill. It improves whistleblower protection by ensuring a claimant’s right to an adjudicative hearing and extends statutes of limitations from 30 to 180 days.
Problem: OSHA’s criminal penalties are the same since the law was passed in 1970 and civil penalties have only been adjusted once in four decades.
Solution: Increase civil penalties to keep up with inflation and establishes higher penalties when workers are killed due to the violation. It would also make criminal violations a felony instead of a misdemeanor.
Problem: Unlike nearly every other federal penalty, fines for violating workplace health and safety are not indexed to inflation, thereby reducing their effectiveness over time.
Solution: Beginning January 1, 2015, OSHA must adjust civil penalties for inflation at least once every four years.
Problem: Unlike mine safety rules, violations cited by OSHA are not required to be fixed until after appeals are exhausted.
Solution: The bill would require employers to fix serious hazards during the contest period, instead of waiting until employer’s appeal is exhausted, which can take years. Employers would have the right to petition for a stay of an OSHA abatement order, if they can demonstrate likelihood of success on overturning the citation upon appeal and worker health and safety will not be adversely affected.
Problem: Corporate officials are not held accountable for the decisions they make that put workers’ lives at risk.
Solution: Corporate directors and officers would be liable for criminal violations that caused or significantly contributed to the cause death or serious injury.
Problem: Families of victims are shut out of the investigation process
Solution: Families of victims have the right to be heard in the investigative and enforcement process, and requires OSHA to establish family liaisons in every regional office.