Federal RuleAug 21
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DOL Rewrites Disability Rules for 'Merit-Based Opportunity' Push
RuleLabor DepartmentFederal Contract Compliance Programs OfficeSignificant Wallet
119-s-4413119th CongressWALLET
Protecting America’s Workers Act
Sponsored By: Senator Sanders, Bernard [I-VT]
Introduced
Summary
This bill would expand workplace safety protections and enforcement under the Occupational Safety and Health Act (OSHA). It would broaden whistleblower rights, tighten recordkeeping and reporting, raise civil and criminal penalties, and increase federal oversight of State safety plans.
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- Workers — Would get broader whistleblower protections for reporting injuries, unsafe conditions, or to Congress, and protection for refusing dangerous work when they reasonably fear death or serious injury. Retaliation claims would follow a new multi-stage process with a 180-day filing limit and expedited hearings.
- Employers — Would have an explicit duty to provide workplaces free from recognized hazards and could be cited separately for each exposed person. They would need to promptly report deaths and serious injuries, keep site logs including contractor injuries, and face substantially higher civil penalties and new criminal penalties up to 10 years for willful violations causing death and up to 20 years for repeat convictions.
- States, NIOSH, and victims — Would face more federal review and possible concurrent enforcement of State plans, with Comptroller General reviews within 18 months and again at 5 years. The National Institute for Occupational Safety and Health would get expanded authority to evaluate workplace hazards and run training and grant programs, and victims would gain statutory rights to participate in inspections and receive reports.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 1 benefits, 1 costs, 3 mixed.
Stronger whistleblower rights and process
If enacted, employees would get broader protections when they report injuries, unsafe conditions, or participate in safety processes. They would usually have 180 days to file retaliation complaints. The Secretary would investigate strong complaints and must decide within 90 days and issue preliminary relief when warranted. Affected workers could seek de novo hearings before Administrative Law Judges, who must decide within 90 days after a hearing request. The bill would define who counts as an authorized employee representative and require employers to post these rights and bar rules that punish accurate reporting. The Secretary would also have to respond to written requests to evaluate whether workplace substances or conditions are hazardous and tell employers and affected employees promptly.
Higher criminal penalties and interest
If enacted, the bill would increase criminal penalties for knowing safety violations that cause death or serious bodily harm. Causing a death could bring up to 10 years in prison (and up to 20 years for later convictions). Causing serious bodily harm could bring up to 5 years (and up to 10 years for later convictions). It would be a crime to give advance notice of an inspection to impede it, punishable by fines or up to 5 years in prison. The bill would also require prejudgment interest on contested penalties from the contest date at the Treasury underpayment rate compounded daily, and post-final interest at 8% per year starting 30 days after a final order.
Stronger federal oversight of State plans
If enacted, the Labor Secretary would get broader authority to review and act when State safety plans fail to meet federal standards. The Secretary could reassert concurrent enforcement, require a State to fix problems within up to one year (with a possible one-year extension), or withdraw approval after a hearing. States must amend approved plans within 12 months after enactment, with a possible 12-month extension if the State legislature is not in session. Workplaces in States without an approved plan would be covered 36 months after enactment. The Comptroller General would review State plans 18 months after enactment and again after 5 years, sampling at least 20% of plans.
Tougher employer duties and standards
If enacted, the General Duty clause would require employers to keep workplaces free from recognized hazards they create, control, or expose workers to. Each person exposed could be a separate violation. The bill would bar any new rule from reducing existing protections and require updates to national consensus standards within two years in most cases. The Secretary could certify that other federal agency standards are at least as protective as OSHA's, with a 90-day petition process and a 60-day judicial-review window. States would have to count out-of-state and federal-jurisdiction violations when deciding if a violation is 'repeated.'
New injury reporting and site logs
If enacted, covered employers would have to electronically report work-related deaths, injuries, and illnesses to the Labor Secretary at least once a year. The Secretary would publish the reports online in a searchable form. Site-controlling employers would need to keep site logs for all recordable injuries and illnesses, including contractor workers. Employers would have to notify the Secretary quickly about any work-related death or any injury that causes inpatient hospitalization, amputation, or loss of an eye, and preserve evidence for significant-incident or fatality investigations. OSHA would have to issue a rule within 180 days clarifying that recordkeeping duties are ongoing.
Sponsors & CoSponsors
Sponsor
Sanders, Bernard [I-VT]
VT • I
Cosponsors
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 4/28/2026
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 4/28/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 4/28/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 4/28/2026
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 4/28/2026
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 4/28/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 4/28/2026
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 4/28/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 4/28/2026
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 4/28/2026
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 4/28/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 4/28/2026
Sen. Peters, Gary C. [D-MI]
MI • D
Sponsored 7/13/2026
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 7/13/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 7/30/2026
Sen. Slotkin, Elissa [D-MI]
MI • D
Sponsored 9/14/2026
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 9/14/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov