July 2009 NACOSH Congressional Update

Congressional Bills of Note: 111th Congress

 

OSHA REFORM 

HR 2067 "Protecting America's Workers (PAW) Act of 2009" would amend the
OSH Act to cover public employees; increase Federal employee
protections; add victim rights provisions (including the ability to
contest citation modifications/penalties/settlements); prohibit
unclassified citations; codify investigations of fatalities and serious
incidents; require abatement of serious hazards during employer
contests; expand whistleblower protections; and increase civil and
criminal penalties (including corporate officer accountability).

Sponsor: Rep. Lynn Woolsey [CA-6]   (introduced 4/23/09)  Cosponsors: 38

Status:  Referred to the House Committee on Education and Labor,
Subcommittee on Workforce Protections

HR 2113 "Corporate Injury, Illness, and Fatality Reporting Act of 2009"
would require employers (excluding construction companies) with 500 or
more employees and more than one worksite to track and report additional
injury, illness, fatality and inspection data back to OSHA. 

Sponsor: Rep. Phil Hare [IL-17]   (introduced 4/27/09)  Cosponsors: 16

Status: Referred to the House Committee on Education and Labor,
Subcommittee on Workforce Protections

HR 2199 "Protecting Workers from Imminent Dangers Act of 2009" would
give OSHA (instead of US District Courts') the authority to determine
the presence of an imminent danger; grant employers a hearing before
OSHRC regarding imminent danger orders; prohibit discrimination or
firing of any employee who refused to perform a duty identified as the
source of an imminent danger; and penalize employers $10,000 - $50,000
per day for failure to comply with an imminent danger order.

Sponsor: Rep. Timothy Bishop [NY-1]   (introduced 4/30/09) 
 Cosponsors: 5 

Status: Referred to the House Committee on Education and Labor.

HR 3094 “Alexander L. Booker Child Protection Construction Site Safety
Act” would strengthen the Occupational Safety and Health Act of 1970
by revising regulations to increase worker safety on construction sites
and, consequently, to protect child trespassers from unforeseen dangers.
 

Sponsor:   HYPERLINK
"http://www.thomas.gov/cgi-bin/bdquery/?&Db=d111&querybd=@FIELD(FLD003+@
4((@1(Rep+Edwards++Donna+F.))+01894))"  Rep Edwards, Donna F.  [MD-4]
(introduced 6/26/09) Cosponsors: 0

Status: Referred to the House Committee on Education and Labor

STANDARD-SPECIFIC BILLS 

S 1299 “Worker Infection Protection Act” would protect health care
workers and first responders, including police, firefighters, emergency
medical personnel, and other workers at risk of workplace exposure to
infectious agents and drug resistant infections, such as MRSA.
Specifically, the bill would require the Secretary of Labor to issue
temporary and permanent workplace safety and health standards for
occupational exposure to infectious agents and toxins, such as MRSA. 

Sponsor: Sen Menendez, Robert [NJ] (introduced 6/18/09) Cosponsors 1 

Status: Referred to the Committee on Health, Education, Labor, and
Pensions.

HR 2381 “Nurse and Health Care Worker Protection Act of 2009” would
require OSHA, within one year, to issue a safe patient handling and
injury prevention standard for health care facilities to address the
ergonomic hazards associated with lifting, transferring, or
repositioning patients.

Sponsor: Rep. John Conyers [MI-14]   (introduced 5/13/09)
  Cosponsors: 2 

Status: Referred to the House Committees on Education and Labor; Energy
and Commerce; and Ways and Means.

S 1031 “National Nursing Shortage Reform and Patient Advocacy Act”
Section 3 would give OSHA one year to issue a "Federal Safe Patient
Handling Standard” requiring a zero lift policy.  A requirement for
annual evaluations by employers of safe patient handling efforts, new
technology, handling procedures and engineering controls is included. 
Another section of the bill would provide assistance for health care
facilities to purchase safe patient handling equipment. 

Sponsor: Sen. Barbara Boxer [D-CA]   (introduced 5/13/09)   Cosponsors:
0 

Status: Referred to the Senate Health, Education, Labor & Pensions
Committee

HR 849 "Worker Protection Against Combustible Dust Explosions and Fires
Act of 2009" would require OSHA to use expedited rulemaking procedures
to issue an interim final standard (within 90 days of this bill's
enactment) regulating combustible dusts; however, employers would be
given six months to comply with the engineering control provisions. The
final rule would be promulgated in accordance with usual rulemaking
procedures, including SBREFA, within 18 months. OSHA is also directed to
amend the Hazard Communication Standard (29 CFR 1910.1200) to include
“combustible dust" as an example of a "physical hazard".

Sponsor: Rep. George Miller [CA-7]   (introduced 2/4/2009)  
Cosponsors: 2 

Status: Referred to the House Education and Labor, Subcommittee on
Workforce Protections

HR 242 ". . . Recording and Reporting of Occupational Injuries and
Illnesses . . ." would require site-controlling employers to keep a site
log for all recordable injuries and illnesses occurring among all
employees on the particular site, whether such employees are employed
directly by the site-controlling employer or are employed by contractors
or temporary help or employee leasing services.

Sponsor: Rep. Gene Green [TX-29]   (introduced 1/7/09)   Cosponsors: 0


Status: Referred to the House Education and Labor, Subcommittee on
Workforce Protections

WHISTLEBLOWER BILLS 

HR 2749 “Food Safety Enhancement Act of 2009” Section 212 would give
DOL/OSHA the enforcement responsibility for whistleblower claims by
employees who refuse to violate, or who disclose a violation of, this
act or Section 351 of the Public Health Service Act.  (Among other
requirements, the bill would increase the frequency of food facility
inspections and give FDA new authority to issue monetary penalties for
violations.)

Sponsor: Rep. John Dingell [MI-15]   (introduced 6/8/09)   Cosponsors: 5

Status:  6/17/09 House Energy and Commerce Committee markup; amended
version reported to the House 

HR 875 "Food Safety Modernization Act of 2009" would create a single,
consolidated food safety and health administration within HHS. DOL/OSHA
would enforce the included whistleblower protections.

Sponsor: Rep. Rosa DeLauro [CT-3]   (introduced 2/4/09)
   Cosponsors: 40 

Status: Referred to House Agriculture Subcommittee on Livestock, Dairy,
and Poultry

HR 2652 “Maritime Safety Act of 2009” Section 11 would amend the
Surface Transportation Assistance Act (STAA) to expand
non-discrimination whistleblower protections, which OSHA administers, to
certain seamen.

Sponsor: Rep. James Oberstar [MN-8]   (introduced 6/2/2009)  
Cosponsors: 2

Status: 6/4/09 House Transportation and Infrastructure Committee markup;
amended version reported to the House

OTHER BILLS 

HR 1320 "Federal Advisory Committee Act (FACA) Amendments of 2009" would
add more requirements for the administration of advisory committees to
increase their accountability and provide transparency. The bill
contains provisions to limit and disclose conflicts-of-interest and
ensure the committees' independent judgment. OSHA has provided comments
on the bill's possible impact on ACCSH, NACOSH and other advisory
committees.

Sponsor: Rep. Wm. Lacy Clay [MO-1]    (introduced 3/5/09)
   Cosponsors: 1 

Status: Awaiting full House action; 6/4/09 Voted favorably (16-1) out of
committee

HR 915 "FAA Reauthorization Act of 2009" Section 307 (Occupational
Safety & Health Standards for Flight Attendants on Board Aircraft) would
require FAA to consult with OSHA on rulemaking; would create within FAA
an enforcement office of Cabin Occupational Safety and Health
Inspectors; would, within three years, mandate that FAA issue standards
regarding at least: recordkeeping, bloodborne pathogens, noise,
sanitation, hazard communication, non-discrimination, access to employee
exposure and medical records, and aircraft cabin temperature.  

Sponsor: Rep. James Oberstar [MN-8]   (introduced 2/9/09)   Cosponsors:
1

Status:  6/01/09 Referred to the Senate Committee on Commerce, Science,
and Transportation

HR 672 "The Military Environmental Responsibility Act" would require DOD
and other federal agencies to comply with all Federal and State laws
designed to protect the environment or the health and safety of the
public to the same extent as all other entities subject to those laws.

Sponsor: Rep. Bob Filner [CA-51]   (introduced 1/26/09)    Cosponsors:
5 

Status: Referred to House Committees on Armed Services; Education and
Labor; Energy and Commerce; Natural Resources; and Transportation and
Infrastructure

S 642 "Health Care for Members of the Armed Forces Exposed to Chemical
Hazards Act of 2009" would create a registry and medical surveillance
program for military personnel exposed to occupational and environmental
chemical hazards, including those hazards for which OSHA has promulgated
standards.

Sponsor: Sen. Evan Bayh [D-IN]   (introduced 3/19/2009)
   Cosponsors: 6 

Related Bills: HR 2389; introduced 5/13/09 by Rep. Baron Hill [IN-9]

Status: Referred to the Senate Committee on Armed Services

HR 3000 “Josephine Butler United States Health Service Act” would
among other things establish a National Health Board (NHB), which would
oversee occupational safety and health programs conducted at the
regional level, and shall participate in the establishment and
administration of occupational safety and health standards under the OSH
Act of 1970.  The NHB would establish and operate workplace health
facilities, which could be maintained by each employer where the
facility is located, or by the group of employers covered by a facility.
 OSHA, as directed by the NHB, would develop and provide staff support
for local and regional occupational safety and health programs,
including community-based occupational safety and health councils that
represent community workers and residents. 

Sponsor:   HYPERLINK
"http://www.thomas.gov/cgi-bin/bdquery/?&Db=d111&querybd=@FIELD(FLD003+@
4((@1(Rep+Lee++Barbara))+01501))"  Rep Lee, Barbara  [CA-9] (introduced
6/23/2009) Cosponsors: 0 

Status: Referred to the Committee on Energy and Commerce, and in
addition to the Committees on Ways and Means, and Education and Labor,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned.

HR 2708 “Indian Health Care Improvement Act Amendments of 2009”
would revise and extend the Indian Health Care Improvement Act and, in
particular, would establish an Intergovernmental Task Force, which would
include OSHA, to study and advise on plans to address Indian health
problems associated with environmental and nuclear hazard exposures from
such sources as nuclear resource development, petroleum contamination
and mining. 

Sponsor:   HYPERLINK
"http://www.thomas.gov/cgi-bin/bdquery/?&Db=d111&querybd=@FIELD(FLD003+@
4((@1(Rep+Pallone++Frank++Jr.))+00887))"  Rep Pallone, Frank, Jr. 
[NJ-6] (introduced 6/4/2009)   HYPERLINK
"http://www.thomas.gov/cgi-bin/bdquery/D?d111:1:./temp/~bdr0xa:@@@P|/bss
/111search.html|"  Cosponsors : (22) 

Status: Referred to the Committee on Natural Resources, and in addition
to the Committees on Energy and Commerce, and Ways and Means

For more information on legislative matters please contact the Office of
Program Review in the Directorate of Evaluation and Analysis.

