article: SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Hazard Reporting Protection Act of 1999''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made in a section or other provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) SEC. 2. EMPLOYEE ACTIONS. Section 11(c)(1) (29 U.S.C. 660(c)(1) is amended by adding at the end the following: ``including reporting any injury, illness or unsafe condition.'' SEC. 3. PROHIBITION OF DISCRIMINATION. Section 11(c) (29 U.S.C. 660(c)) is amended by striking out paragraph (2) and inserting in lieu thereof the following: ``(2) No person shall discharge or in any manner discriminate against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. The circumstances causing the employee's apprehension of serious injury must be of such a nature that a reasonable person would conclude that there is a danger of serious injury or serious impairment of health. In order to qualify for protection, where possible, the employee must have communicated to his employer the danger perceived.''. SEC. 4. PROCEDURE. Section 11(c) (29 U.S.C. 660(c)) is amended by striking out paragraph (3) and inserting in lieu thereof the following: ``(3) Any employee who believes that he has been discharged, disciplined, or otherwise discriminate against in violation of paragraph (1) or (2) may, within 180 days after such alleged violation occurs, file (or have filed by any person on the employee's behalf) a complaint with the Secretary alleging such discharge, discipline, or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(4)(A) Within 90 days of receipt of a complaint filed under paragraph (3), the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify the complainant and the person alleged to have committed the violation of paragraph (1) or (2) of the Secretary's findings. Where the Secretary has concluded that there is reasonable cause to believe that a violation has occurred, the Secretary's findings shall be accompanied by a preliminary order providing the relief prescribed by paragraph (D). ``Thereafter, ``(i) the person alleged to have committed the violation or the complainant may, within 30 days, file objections to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. ``(ii) Where a hearing is not timely requested, the preliminary order shall be deemed a final order which is not subject to judicial review. ``(B) If the Secretary has not issued findings under paragraph (4)(A) within 90 days, and the employee or representative of the employee files a request for a hearing with the Secretary, the Secretary shall afford an opportunity for a hearing on the record. ``(C) When requested, a hearing shall be conducted by an administrative law judge of the Department of Labor and a recommended decision and order issued expeditiously. The legal burdens of proof that prevail under section 1221 of title 5, United States Code, shall govern adjudication of violations under this subsection. The Secretary shall issue a final order within 120 days of the issuance of the recommended decision. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. ``(D) If, in response to a complaint filed under paragraph (3), the Secretary determines that a violation of paragraphs (1) or (2) has occurred, the Secretary may order-- ``(i) the person who committed such violation to correct the violation, ``(ii) such person to reinstate the complainant to the complainant's former position together with the compensation (including back pay), terms, conditions, and privileges of the position, ``(iii) compensatory damages, and ``(iv) exemplary damages. Upon issuance of such an order, the Secretary may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's fees and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued, including costs and expenses incurred upon review before a court of appeals. ``(E) In conducting an investigation or adjudication under this paragraph, the provisions of section 8(b) of this act shall apply. ``(5)(A) Any person adversely affected or aggrieved by a final order issued under paragraph (4)(C) may obtain review of the order before the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, occurred, or the circuit in which such person resided on the date of such violation. The petition for review must be filed within 60 days from the issuance of the Secretary's order. Such review shall be in accordance with the provisions of chapter 7 of title 5, United States Code. An order of the Secretary subject to review under this subsection is not subject to judicial review in a criminal or other civil proceeding. The commencement proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary. ``(B) Whenever a person has failed to comply with a final order or an order of reinstatement issued under paragraph (4), the Secretary or the person on behalf of whom the order was issued may file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subparagraph, the district court shall have jurisdiction to grant additional appropriate relief in light of the noncompliance.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect ninety days after the date of enactment of this Act.
summary: Hazard Reporting Protection Act of 1999 - Amends the Occupational Safety and Health Act of 1970 to revise and expand protections for employees reporting workplace hazards to the Occupational Safety and Health Administration. Includes reporting any injury, illness or unsafe condition among those employee actions in exercise of their rights under the Act for which employers are prohibited from discharging or otherwise discriminating against them. Prohibits discharging or discriminating against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. Allows discrimination complaints to be filed by other persons on behalf of employees, or directly by employees. Extends from 30 to 180 days the deadline for filing a complaint after an alleged violation. Requires a preliminary order providing relief to accompany any findings of the Secretary of Labor that there is reasonable cause to believe that a violation has occurred. Authorizes the Secretary to order various types of preliminary and final relief, including correction of violations, reinstatement, compensatory and exemplary damages, and payment of legal costs. Sets forth administrative and judicial review procedures.