Protecting America's Workers Act Is Reintroduced in the Senate

On Wednesday, Sen. Edward Kennedy reintroduced the Protecting America’s Workers Act of 2009 (PAWA) (S. 1580), a bill that would amend the Occupational Safety and Health (OSH) Act by expanding its coverage, increasing whistleblower protections, and enhancing employer penalties for violations. Sen. Kennedy had introduced this bill twice before, with then-Senator Obama acting as a co-sponsor in 2007. In April of this year, Rep. Lynn Woolsey (D-CA) introduced a companion bill (H.R. 2067) in the House of Representatives.

Highlights of the current bill include the following:

• Increased civil penalties for OSH Act violations
• Removal of the requirement that a workplace death must occur before criminal penalties can attach
• Provision of felony charges for repeat and willful violations that result in a worker’s death or serious injury
• Expansion of OSH Act coverage to include airline and railroad employees, as well as Department of Energy contractors
• Creation of regulations that give workers the right to refuse to do hazardous work
• Requirement that OSHA investigate all cases of death and serious injuries

The Senate version of PAWA has been referred to the Senate Committee on Health, Education, Labor, and Pensions.