PAWA Reintroduced in the Senate

A bill that would amend the Occupational Safety and Health (OSH) Act by expanding its coverage, increasing whistleblower protections, significantly enhancing employer civil and criminal penalties for violations, and providing rights to victims and their family members during the investigation process was reintroduced in the Senate on June 9, 2011. When reintroducing the Protecting America’s Workers Act (PAWA) (S. 1166) on the Senate floor, Sen. Patty Murray (D-WA) said that among other changes to the OSH Act, her bill would “make sure that a whistleblower’s right to protection from retaliation can’t be waived through collective bargaining agreements,” and that employees would “have the option to appeal to the federal courts if they feel they are being mistreated for telling the truth about dangerous practices.” Murray also stated that PAWA would improve reporting, inspection, and enforcement of workplace health and safety violations, and require employers to begin the abatement process for serious, willful, or repeated violations upon receipt of the citation, even if they contest the issuance of the citations in the first instance.

PAWA has been introduced a number of times in various forms within the past few years. On January 5 of this year, PAWA was reintroduced in the House of Representatives by Rep. Lynn Woolsey (D-CA) as H.R. 190. Later that month, Senators Jay Rockefeller (D-WV), Tom Harkin (D-IA), Patty Murray (D-WA) and Joe Manchin III (D-WV) reintroduced the more expansive the Robert C. Byrd Mine and Workplace Safety and Health Act (S. 153). A companion bill (H.R. 1579) was introduced in the House in April. None of these measures have advanced, nor are they expected to this year. Therefore, while the PAWA, if enacted, would make significant changes to the OSH Act, its likelihood of passage this session is remote.

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