Monday, May 04, 2009

Protecting American Workers Act

I have altered the PAW (Protecting American Workers Act H.R. 2049. ) so it is a little easier to read. The PAW really is a wonderful bill you must read it to get the full impact of it all. I have highlighted a few things that has not been consider until recently. thake this as a huge victory of the workers and their families. Seems you voices are loud enough and we may very well have a hand in the process and our lost loved ones will finally have a voice.

Some of this information was based on our Family bill of Rights Take a look at where all your hard work has gotten you, I am so proud of my Peeps.


SEC. 306. VICTIMS’ RIGHTS.

The Act is amended by inserting after section 9 (29 U.S.C. 658) the following:
‘‘SEC. 9A. VICTIM’S RIGHTS. ‘‘(a) DEFINITION.—In this section, the term ‘victim’
22 means—
‘‘(1) an employee who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8,or
‘‘(2) a family member of an employee, if—
‘‘(A) the employee is killed as a result of a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or
‘‘(B) the employee sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the employee cannot reasonably exercise the employee’s rights under this section.
‘‘(b) RIGHTS.—On request, a victim or the representative of a victim, shall be afforded the right, with respect to a work-related injury or illness (including a death resulting from a work-related injury or illness) involving an employee, to—
‘‘(1) meet with the Secretary, or an authorized representative of the Secretary, regarding the inspection or investigation conducted under section 8 concerning the employee’s injury or illness before the Secretary’s decision to issue a citation or take no action; and
‘‘(2)(A) receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, on the later of the date the citation or report is issued and the date of the request;
‘‘(B) be informed of any notice of contest filed under section 10; and
‘‘(C) be provided an explanation of the rights of employee and employee representatives to participate in proceedings conducted under section 10.
‘‘(c) MODIFICATION OF CITATION.—Before entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident resulting in death or serious incident under section 8, the Secretary, on request, shall provide an opportunity to the victim or the representative of a victim to appear and make a statement before the parties conducting settlement negotiations.
‘‘(d) NOTIFICATION AND REVIEW.—The Secretary shall establish procedures—
‘‘(1) to inform victims of their rights under this section; and
‘‘(2) for the informal review of any claim of a denial of such a right.’’.

SEC. 307. RIGHT TO CONTEST CITATIONS AND PENALTIES.
The first sentence of section 10(c) (29 U.S.C. 659(c)) is amended—
(1) by inserting after ‘‘the issuance of a citation’’ the following: ‘‘(including a modification of a citation issued)’’; and
(2) by inserting after ‘‘files a notice with the Secretary alleging’’ the following: ‘‘that the citation fails properly to designate the violation as serious, willful, or repeated, that the proposed penalty is not adequate, or’’.

SEC. 308. ABATEMENT OF SERIOUS HAZARDS DURING EMPLOYER CONTESTS TO A CITATION.
(a) CITATIONS AND ENFORCEMENT.—Section 10(b) (29 U.S.C. 659(b)) is amended—
(1) by inserting after ‘‘which period’’ the following: ‘‘for other than serious violations’’; and
(2) by adding at the end the following: ‘‘In lieu of providing the notification required by this subsection, where a notice of contest to a citation is pending before the Commission, the Secretary may by appropriate motion in that proceeding assert that the employer has failed to abate the violation within the time period fixed in the citation.’’.
(b) EMPLOYER CONTEST.—Section 10(c) (29 U.S.C. 23 659) is amended by inserting after the first sentence the following: ‘‘The pendency of a contest before the Commission shall not bar the Secretary from inspecting a place of employment or from issuing a citation under section 2 9.’’.
SEC. 309. OBJECTIONS TO MODIFICATION OF CITATIONS.
Section 10 (29 U.S.C. 659) is amended by adding at the end the following new subsection:
‘‘(d)(1) If the Secretary intends to withdraw or to modify a citation issued under section 9(a) as a result of any agreement with the cited employer, the Secretary shall provide (in accordance with rules of procedure prescribed by the Commission) prompt notice to affected employees or representatives of affected employees, and that notice shall include the terms of the proposed agreement.
‘‘(2) Not later than 15 working days after the receipt of a notice provided in accordance with paragraph (1), any employee or representative of employees, regardless of whether such employee or representative has previously elected to participate in the proceedings involved, shall have the right to file a notice with the Secretary alleging that the proposed agreement fails to effectuate the purposes of this Act and stating the respects in which the agreement fails to effectuate the purposes.
‘‘(3) Upon receipt of a notice filed under paragraph (2), the Secretary shall consider the statements presented in the notice, and if the Secretary determines to proceed with the proposed agreement, the Secretary shall respond with particularity to the statements presented in the notice.
‘‘(4) Not later than 15 working days following the Secretary’s response provided pursuant to paragraph (3), the employee or representative of employees shall, on making a request to the Commission, be entitled to a hearing before the Commission as to whether adoption of the proposed agreement would effectuate the purposes of this Act, including a determination as to whether the proposed agreement would adequately abate the alleged violations alleged in the citation.
‘‘(5) If the Commission determines that the proposed agreement fails to effectuate the purposes of this Act, the proposed agreement shall not be entered as an order of the Commission and the citation shall not be withdrawn or modified in accordance with the proposed agreement.’’.

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