Offshore Oil and Gas Worker Whistleblower Protection Act
Sponsored By: Representative DeSaulnier, Mark [D-CA-10]
Introduced
Summary
Whistleblower protections for offshore oil and gas workers would be established under this bill. It would bar employers from firing or punishing workers who report violations of the Outer Continental Shelf Lands Act, report illnesses or unsafe conditions, testify, assist investigations, or refuse dangerous tasks using stop-work authority.
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- Workers: Covered employees and applicants on the Outer Continental Shelf would be protected when they report OCSLA violations, testify, assist proceedings, report injuries or unsafe conditions, or refuse unsafe work.
- Employers and contractors: Employers would face a Labor Department complaint process with a 180-day filing deadline and a 90-day investigatory window. Employers could defend actions by showing clear and convincing evidence they would have acted the same way absent the protected conduct.
- Enforcement and remedies: Administrative law judges could order reinstatement, double back pay with prejudgment interest, expungement of adverse records, and compensatory or exemplary damages. The Secretary of Labor may enforce reinstatement in federal court, appeals to the Secretary must be filed within 30 days, and a complainant may sue in district court if no final decision is issued within 330 days.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Whistleblower protections for offshore workers
If enacted, the bill would bar employers from firing or punishing offshore workers for reporting safety or legal violations, refusing unsafe work, or testifying. It would cover applicants and people who work on or in waters above the Outer Continental Shelf for oil and gas, spill cleanup, emergency response, or related safety work. "Employer" would include contractors, subcontractors, agents, grantees, and consultants.
Offshore whistleblower complaints and remedies
If enacted, you would have 180 days to file a retaliation complaint with the Department of Labor. The Secretary would have 90 days to investigate and could issue a preliminary order; parties would have 30 days to object and request a hearing, and a complainant could sue in district court if no final decision is issued within 330 days. You would first need to show protected activity was a contributing factor, but an employer could avoid liability by proving by clear and convincing evidence it would have taken the same action. Remedies would include reinstatement with seniority, double back pay with prejudgment interest, expungement, compensatory and exemplary damages, injunctive relief, and attorney and expert fees. The bill would also let a court compel an agency to perform nondiscretionary duties (mandamus).
Employer notice and training rules
If enacted, employers of covered offshore workers would have to post a Secretary-approved Labor Department notice where workers see it. They would have to train new hires on these rights within 30 days and provide training at least once a year. Employers would also give each covered worker a card with a Department of Labor toll-free number for information or filing complaints.
Sponsors & CoSponsors
Sponsor
DeSaulnier, Mark [D-CA-10]
CA • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov