b'Gary\'s Corner OSHA Proposed Legislation on Fast Track. GaryMRCA Legal Counsel Auman, Ayou may know, legislation is pendingdischarge or in any manner discriminate s l\'linto significantly amend theagainst any employee because such employee Congress Occupational Safety and Health Act1970.has filed any complaint or instituted or caused of As far back as the spring of 2009, an Oc to be instituted any proceeding under or related cupational Safety and Health Administrationto this act,has testified or is about to testify or (OSHA) reform bill was introduced to thein any such proceeding, or because of the House of Representatives, which was followedexercise by such employee on behalfhimself of amonths later by Sen. Ted Kennedyor others of any right afforded by this act." few (D-MA) introducing similar legislation, "TheUnder the proposed amendment, this America\'s ProtectingWorkers\' Act" (PAWA),definition will be extended to include any into the Senate.employee who has been discharged or is in With national attention now focused onany way discriminated against for reporting healthcare reform and other employment lawany injury,or unsafe condition. This illness, measures, most people thought that the OSHAwill extend whistleblower protection to any legislation would not make its way throughemployee who files a\' compensation workersCongress before the end of 2010. Recently,claim with their employer. however, the House of Representatives tookIflanguage remains in the act and this PAWA and attached much of it as an amend becomes law,will have to take a employersRights of Injured Employees ment to the Robert C. Byrd Miner Safety andvery hard look at their current disciplinaryThe OSHA amendment contains language Health Act (MSHA) of 2010. On July 21, thatprocedures to ensure they have sufficientamending Section 9Safety of the Occupational bill (HR 5663) was voted out of committeedocumentation to protect themselves against aand Health Act. That amendment creates a by the House Education and Labor Commit frivolous claim.body of\'sfor anwho is victim rightsemployee tee on aline vote of 30-17. Although partyEntitlements to Wrongfullyinjured on the job whose injury results in an Republicans sought to scale it back, all theTerminated EmployeesOSHA investigation or for the immediate famamendments were defeated. Now, the bill goesily members of an employee killed on the job to the full House for aIn addition to reinstatement without loss of vote.whose death results in an OSHA investigation. As of August 2010,vote has notbeenposition or seniority, the amendment provides thatyetThese rights will permit "victims" to meet scheduled. Apparently, political strategists feelthat the wrongfully terminated employeewith an area director regarding the inspection or this will be the best opportunity to get both thewould also be entitled to receiveinvestigation prior to the Secretary\'s decision to MSHA and OSHA reforms passedthis Congress.compensatory and consequential damages inissue ato take no action. They will sufficient to make the complainantcitation or In my opinion, the amendment to HR 5663 forwhole,receive aof any citation and including back pay, prejudgment interest,copybe OSHA contains some ofmost onerous provitheinformed of any notice of contest or adsions proposed in PAWA and here\'s why.and other damages.ditional of parties to the proceedings after expungement of all warnings, reprimands, Whistleblower Protectionsor derogatory references that have beenthe citation is issued be provided notificationthe date and First, the amendment will significantly enhanceplaced inor electronic records orof papertime of any proceedings,of pleadwhistleblower protections under OSHA Evendatabases of any type relating to the ac service without the bill\'s proposed amendments, Iings, and other relevant documents, and amtions by the complainant that gave rise to seeing aincrease in the number ofan explanation of their rights significantthe unfavorable personnel action. complaints filed by employees who have beenThere is also afor "reasonable"have the right to be notified of the time provisionand date ofproceed before the terminated or laid off, alleging that they haveattorney fees and costs such as expert-witnessanying been discriminated against because they en costs.the employer will now beReview Commission Moreover,recei of any pleadings or decisions gaged in some protected activity under the law.liable to the employee for prejudgment interestve copies relating to the pro before the Review Unfortunately, OSHA already defines ceeding pro and any attorney\'s fees the employee might tectedvery broadly. Protected activity,Commission and an opportunity to appear activityincur in bringing the complaint or pursuing and make ain accordance with as definedinSection 11c) of the Occupationalstatement (the complaint against the employer. Safety and Health Act, states "no person shallthe rules prescribed by the Commission. 6Midwest ValuesBusinessResourcesNetworking -'