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LegislationLEGISLATION | Detail


H.R. 2067: Protecting America's Workers Act

Sponsor: Woolsey (D - CA)

Official Title: To amend the Occupational Safety and Health Act of 1970 to expand coverage under the act, to increase protections for whistleblowers, to increase penalties for certain violators, and for other purposes.

Status:
4/23/2009: Introduced in House
4/23/2009: Referred to House Education and Labor Committee
4/28/2010: Hearing Held by Subcommittee on Workforce Protections

Commentary:
Section 666 of Title 29, U.S. Code, specifies the civil and criminal penalties for violating the duty of an employer to provide a work area free from recognized hazards likely to cause death or serious physical harm to the employees or any rule or regulation promulgated by the Occupational Safety and Health Administration. This bill would increase the penalty for violations that result in the death of an employee. The bill would also broaden the scope of the “responsible corporate officer” doctrine, an expansive theory of criminal responsibility which already allows the government to impose punishment for “public welfare offenses” on individuals who acted without criminal intent (mens rea). This bill would use the doctrine to impose criminal punishment, without criminal intent, for another category of conduct. The first such willful violation that results in the death of an employee would be punishable by imprisonment for up to 10 years, a fine as authorized by Title 18, U.S. Code, or both, an increase from the current maximum of imprisonment for up to 6 months, a fine of $10,000, or both. A subsequent willful violation resulting in the death of an employee would be punishable by imprisonment for up to 20 years, a fine as authorized by Title 18, or both, an increase from the current maximum of imprisonment for up to 1 year, a fine of $20,000, or both. The bill would also increase the penalty for giving advance, unauthorized notice of any OSHA inspection from the current maximum of imprisonment for up to 6 months, a fine of $1,000, or both, to imprisonment for up to 2 years, a fine as authorized by Title 18, or both. The penalty for knowingly making a false statement in “any application, record, report, plan, or other document filed or required to be maintained by this chapter” will increase to a maximum of imprisonment for up to 5 years, a fine as authorized by Title 18, or both (from the current imprisonment for up to 6 months, a fine of $10,000, or both). A new subsection would make it unlawful to “willfully” violate the statute or any rule or regulation where the violation results in serious bodily injury, but not death. The first such willful violation that results in serious bodily injury would be punishable by imprisonment for up to 5 years, a fine as authorized by Title 18, or both. A subsequent willful violation resulting in serious bodily injury would be punishable by imprisonment for up to 10 years, a fine as authorized by Title 18, or both. Again, the term “employer” would allow prosecution of any “responsible corporate officer.”

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