text: 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.
target: 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.
feat_title: Hazard Reporting Protection Act of 1999