Protecting America’s Workers Act
Sponsored By: Senator Sanders, Bernard [I-VT]
Introduced
Summary
This bill would extend federal workplace-safety law by extending federal workplace-safety coverage to public-sector workers. It would also broaden whistleblower protections, speed complaint procedures, and sharply raise civil and criminal penalties.
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- Public employees and their families gain federal OSH Act protections and stronger anti-retaliation rules. Whistleblower complaints would generally have a 180-day filing window and remedies include reinstatement, back pay, and compensatory and exemplary damages.
- Employers would face a tightened general duty that treats each exposed person as a separate violation and must promptly report any work-related death or incidents that cause two or more inpatient hospitalizations. Employers must file annual electronic injury reports and keep site-specific logs, and employees cannot lose pay for inspection participation.
- Enforcement and oversight would be strengthened with civil penalties increased to as much as $700,000 per violation and criminal penalties up to 10 years for willful violations causing death. The bill also boosts State Plan oversight, expands NIOSH evaluation authority, and funds more training and education.
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 3 benefits, 1 costs, 4 mixed.
Much higher civil and criminal penalties
If enacted, civil OSHA penalties would rise sharply and include new minimums. Examples: one category could go up to $700,000 with a $50,000 baseline; other violations would carry floors like $20,000 or $10,000 per violation. Continuing violations could bring up to $7,000 per day. The Secretary would adjust penalties yearly for inflation. The bill would also create or raise criminal penalties, including prison time (for example, up to 10 years when a knowing violation causes death), and extend criminal liability to officers and directors.
New incident reporting and records
If enacted, employers would have to promptly notify OSHA about any work death and any injury that leads to in‑patient hospitalization, amputation, or loss of an eye. Employers must preserve evidence for investigations and cannot have policies that punish reporting. Employers would also have to send annual electronic injury reports to OSHA, which would publish them in a searchable form, and keep site logs for contractor and employee injuries. OSHA must issue a final recordkeeping rule within 180 days after enactment.
Stronger federal oversight of State plans
If enacted, the Secretary of Labor would get stronger oversight over State OSHA plans. The Secretary could reassert concurrent enforcement, require quick hearings, and withdraw plan approval after notice and a hearing. States must amend approved plans to conform within 12 months (the Secretary can extend one 12‑month period if a legislature is not in session). Where a State has no approved plan, many provisions would take effect 36 months after enactment.
Expanded whistleblower and victim rights
If enacted, workers would get stronger anti‑retaliation protections. Reporting injuries, unsafe conditions, or refusing dangerous work would be protected. You would have 180 days to file retaliation complaints and the Department would issue a reasonable‑cause decision within 90 days. Injured workers (and some family members) would also get rights to meet the Secretary, get copies of reports at no cost, and use a family liaison during investigations.
Grants to expand safety training
If enacted, OSHA could give grants to nonprofit groups to build training capacity and to teach employers and workers about hazards. Grants could fund training for high‑risk industries and new training materials. The bill does not set specific dollar amounts in the text reviewed.
Stronger employer duty and penalties
If enacted, employers would have a clearer duty to keep workplaces free from known hazards they create, control, or expose people to. Each employee or other person exposed could be treated as a separate violation. That per‑person rule would increase the employer's exposure to fines, while giving stronger protection and remedies for individual workers. These changes would take effect 90 days after enactment (with State Plan exceptions).
Faster enforcement and stay rules
If enacted, a violation would continue to run until the employer fixes it. For serious, willful, or repeated violations, the fix period would start when the citation is received and filing a contest would not pause that time. An administrative law judge would be required to hold stay hearings within about 15 days and decide quickly. An ALJ decision can become final if the Commission lacks a quorum and does not act within one year.
New NIOSH hazard evaluation power
If enacted, NIOSH would have to make written hazard determinations when asked by employers, employee representatives, physicians, agencies, or health departments. Requests must state the grounds for concern, and the Secretary must give the determination to employers and affected employees as soon as possible. This would give workers and employers clearer, faster information about suspected workplace hazards.
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
Roll Call Votes
No roll call votes available for this bill.
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