HB 308 — An Act providing for workplace health and safety standards for public employees; providing for powers and duties of the Secretary of Labor and Industry; establishing the Pennsylvania Occupational Safety and Health Review Board; providing for workplace inspections; and imposing penalties.

PRINTER'S NO.   261

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                            HOUSE BILL
                            No. 308
                                                Session of
                                                  2025

     INTRODUCED BY HARKINS, MEHAFFIE, GIRAL, PROBST, ISAACSON, HILL-
        EVANS, PIELLI, FREEMAN, KHAN, McNEILL, BRENNAN, VENKAT,
        FIEDLER, HOWARD, NEILSON, CERRATO, CEPEDA-FREYTIZ, SANCHEZ,
        D. MILLER, DALEY, HADDOCK, DONAHUE, BENHAM AND SAMUELSON,
        JANUARY 23, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 23, 2025


                                      AN ACT
 1   Providing for workplace health and safety standards for public
 2      employees; providing for powers and duties of the Secretary
 3      of Labor and Industry; establishing the Pennsylvania
 4      Occupational Safety and Health Review Board; providing for
 5      workplace inspections; and imposing penalties.
 6      This act may be referred to as Jake's Law.
 7                              TABLE OF CONTENTS
 8   Section 1.    Short title.
 9   Section 2.    Legislative declaration.
10   Section 3.    Definitions.
11   Section 4.    Application.
12   Section 5.    Employer duties.
13   Section 6.    Regulations.
14   Section 7.    Standards.
15   Section 8.    Variances.
16   Section 9.    Pennsylvania Occupational Safety and Health Review
17                 Board.
18   Section 10.    Appeal from review board.
 1   Section 11.    Inspection and investigation powers.
 2   Section 12.    Inspection and investigation of violations.
 3   Section 13.    Recordkeeping.
 4   Section 14.    Compliance orders.
 5   Section 15.    Enforcement procedures.
 6   Section 16.    Injunction proceedings.
 7   Section 17.    Penalties.
 8   Section 18.    Discrimination against employees.
 9   Section 19.    Research and demonstration projects.
10   Section 20.    Education programs.
11   Section 21.    Reports to United States Secretary of Labor.
12   Section 22.    Confidentiality of information maintained.
13   Section 23.    Funding.
14   Section 24.    Effective date.
15      The General Assembly of the Commonwealth of Pennsylvania
16   hereby enacts as follows:
17   Section 1.    Short title.
18      This act shall be known and may be cited as the Public
19   Employees Occupational Safety and Health Act.
20   Section 2.    Legislative declaration.
21      The General Assembly hereby declares as follows:
22          (1)    It is a basic right of all employees to work in an
23      environment that is free from hazards and risks to their
24      safety. It is the intent of the General Assembly to ensure
25      that this right is also afforded to employees of the
26      Commonwealth, its counties, cities, towns, boroughs and
27      townships and other public employers who serve the people of
28      this Commonwealth.
29          (2)    A significant percentage of all of those employed in
30      this Commonwealth are employed by the Commonwealth or by one

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 1      of its political subdivisions. Many of these public employees
 2      perform job functions comparable to those performed by
 3      workers in the private sector who are protected by 29 U.S.C.
 4      Ch. 15 (relating to occupational safety and health). The
 5      General Assembly, therefore, finds it inappropriate to
 6      continue two standards for employee safety, one applicable to
 7      those who work in the private sector and one for those who
 8      are employed by a public employer.
 9          (3)   The General Assembly has further determined that a
10      safe place in which to work is economically advantageous to
11      employers. Work-related accidents and injuries and the
12      absences caused thereby decrease employee productivity and
13      increase workers' compensation costs. In addition, unsafe
14      premises increase the risk of financial liability for
15      injuries to members of the public who frequent public
16      buildings.
17          (4)   The General Assembly, in an exercise of the
18      Commonwealth's police power, charges the secretary with the
19      responsibility to ensure that all public employees are
20      afforded the same safeguards in their workplace as are
21      granted to employees in the private sector.
22   Section 3.   Definitions.
23      The following words and phrases when used in this act shall
24   have the meanings given to them in this section unless the
25   context clearly indicates otherwise:
26      "Authorized employee representative."   An employee authorized
27   by employees or the designated representative of an employee
28   organization recognized or certified to represent the employees.
29      "Department."   The Department of Labor and Industry of the
30   Commonwealth.

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 1      "Employee organization."    As follows:
 2          (1)     An organization of any kind or an agency or employee
 3      representation committee or plan in which membership includes
 4      public employees and which exists for the purpose, in whole
 5      or in part, of dealing with employers concerning grievances,
 6      employee-employer disputes, wages, rates of pay, hours of
 7      employment or conditions of work.
 8          (2)     The term does not include an organization that
 9      practices discrimination in membership because of race,
10      color, creed, national origin or political affiliation.
11      "Occupational safety and health standard."     A standard that
12   requires conditions, or the adoption or use of one or more
13   practices, means, methods, operations or processes, reasonably
14   necessary or appropriate to provide safe or healthful employment
15   in places of employment.
16      "Person."    An individual, partnership, association,
17   corporation, business trust, legal representative or an
18   organized group of any of them.
19      "Public employee" or "employee."     An individual employed by a
20   public employer.
21      "Public employer" or "employer."     As follows:
22          (1)     The Commonwealth, any of its political subdivisions,
23      including a public school entity or school entity and any
24      office, board, commission, agency, authority, local
25      transportation organization or other instrumentality thereof,
26      any nonprofit organization or institution and any charitable,
27      religious, scientific, literary, recreational, health,
28      educational or welfare institution receiving grants or
29      appropriations from Federal, State or local government.
30          (2)     The term does not include an employer covered or

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 1      presently subject to coverage under 29 U.S.C. Ch. 15
 2      (relating to occupational safety and health).
 3      "Public school entity or school entity."     A school district,
 4   charter school, cyber charter school, regional charter school,
 5   intermediate unit or area career and technical school.
 6      "Review board."     The Pennsylvania Occupational Safety and
 7   Health Review Board established under section 9(a).
 8      "Secretary."     The Secretary of Labor and Industry or a
 9   designated agent.
10   Section 4.     Application.
11      (a)   Applicability and enforcement generally.--
12            (1)   An occupational safety or health standard
13      promulgated under the provisions of this act shall apply to
14      all public employers and public employees.
15            (2)   The secretary shall have authority to enforce the
16      occupational safety and health standard in accordance with
17      the provisions of this act.
18      (b)   Statutory and common law rights preserved.--Nothing in
19   this act shall be construed to supersede or in any manner affect
20   any workers' compensation law or to enlarge, diminish or affect
21   in any manner common law or statutory rights, duties or
22   liabilities of employers or employees under any law with respect
23   to injuries, diseases or death of employees arising out of and
24   in the course of employment.
25      (c)   Employees not covered by Federal standard.--
26   Notwithstanding any other provision in this act, an occupational
27   safety or health standard promulgated under this act shall apply
28   only to employees not covered by a Federal occupational safety
29   or health standard promulgated under 29 U.S.C. § 655 (relating
30   to standards) or amendments thereto.

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 1   Section 5.   Employer duties.
 2      (a)   Freedom from hazards.--An employer shall furnish to each
 3   of its employees employment and a place of employment free from
 4   recognized hazards that are causing or are likely to cause death
 5   or serious physical harm and which will provide reasonable and
 6   adequate protection to the lives, safety or health of its
 7   employees.
 8      (b)   Compliance with act.--An employer shall comply with the
 9   occupational safety and health standards promulgated under this
10   act.
11      (c)   Written statement of substances.--An employer shall,
12   upon the written request of an employee, furnish the employee
13   with a written statement listing the substances that the
14   employee uses or with which the employee comes into contact that
15   have been identified as toxic or hazardous by occupational
16   safety and health standards under 29 CFR Pt. 1910 Subpt. H
17   (relating to hazardous materials) or accessible for inspection
18   and duplication in accordance with the act of February 14, 2008
19   (P.L.6, No.3), known as the Right-to-Know Law, or both.
20      (d)   Law compliance with regulations and orders.--An employee
21   and employer shall comply with occupational safety and health
22   standards and all rules, regulations and orders issued in
23   accordance with this act that are applicable to their own
24   actions and conduct.
25      (e)   State plan for standards.--The Commonwealth shall
26   promulgate a plan for the development and enforcement of
27   occupational safety and health standards with respect only to
28   public employers and employees, in accordance with 29 U.S.C. §
29   667(b) (relating to State jurisdiction and plans).
30   Section 6.   Regulations.

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 1      The secretary may promulgate regulations to administer and
 2   enforce this act and shall:
 3          (1)     Provide for the preparation, adoption, amendment or
 4      repeal of regulations governing the conditions of employment
 5      of general and special application in all workplaces.
 6          (2)     Provide a method of encouraging employers and
 7      employees in their efforts to reduce the number of safety and
 8      health hazards arising from undesirable or inappropriate
 9      working conditions at the workplace, and of stimulating
10      employers and employees to institute new programs and to
11      perfect existing programs for providing safe and healthful
12      working conditions.
13          (3)     Provide for appropriate reporting procedures by
14      employers with respect to information relating to conditions
15      of employment that will assist in achieving the objectives of
16      this act.
17          (4)     Provide for the frequency, method and manner of
18      making inspections of workplaces without advance notice,
19      provided that, in the event of an emergency or unusual
20      situation, the secretary may give advance notice.
21          (5)     Provide for the publication and dissemination to
22      employers, employees and labor organizations and the posting,
23      where appropriate, by employers of informational, educational
24      or training materials designed to aid and assist in achieving
25      the objectives of this act.
26          (6)     Provide for the establishment of new programs and
27      the perfection and expansion of existing programs for
28      occupational safety and health education for employers and
29      employees and institute methods and procedures for the
30      establishment of a program for voluntary compliance by

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 1      employers and employees with the requirements of this act and
 2      all applicable occupational safety and health standards and
 3      regulations promulgated under this act.
 4   Section 7.     Standards.
 5      (a)   Authorization.--The secretary shall, by regulation,
 6   adopt all occupational safety and health standards, amendments
 7   or changes adopted or recognized by the United States Secretary
 8   of Labor under the authority of 29 U.S.C. Ch. 15 (relating to
 9   occupational safety and health) in order to provide reasonable
10   and adequate protection of the lives, safety and health of
11   public employees. Subject to subsection (b), the secretary shall
12   promulgate and repeal regulations as may be necessary to conform
13   to the standards established in accordance with 29 U.S.C. Ch.
14   15. If no Federal standards are applicable, the secretary shall
15   provide for the development of State standards as may be
16   necessary in special circumstances.
17      (b)   Interstate commerce.--The secretary may not adopt
18   standards for products distributed or used in interstate
19   commerce that are different from Federal standards for the
20   products unless the standards are required by compelling local
21   conditions and do not unduly burden interstate commerce.
22      (c)   Challenge to standard or regulation.--A person who may
23   be adversely affected by a standard or regulation issued under
24   this act may challenge the validity or application of the
25   standard or regulation by bringing an action for declaratory
26   judgment.
27   Section 8.     Variances.
28      (a)   Variance procedure.--
29            (1)   A public employer may apply to the secretary for a
30      temporary order granting a variance from a standard or any

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 1    provision of a standard promulgated under this act. A
 2    temporary order shall be granted only if the employer files
 3    an application that meets the requirements of subsection (b)
 4    and establishes all of the following:
 5              (i)    The employer is unable to comply with a standard
 6        by its effective date because of unavailability of
 7        professional or technical personnel or of materials and
 8        equipment needed to come into compliance with the
 9        standard or because necessary construction or alteration
10        of facilities cannot be completed by the effective date.
11              (ii)    The employer is taking all available steps to
12        safeguard employees against the hazards covered by the
13        standard.
14              (iii)    The employer has an effective program for
15        coming into compliance with the standard as quickly as
16        practicable.
17        (2)   As follows:
18              (i)    A temporary order issued under this section
19        shall prescribe the practices, means, methods, operations
20        and processes that the employer must adopt and use while
21        the order is in effect and state in detail the employer's
22        program for coming into compliance with the standard.
23              (ii)    A temporary order may be granted only after
24        notice to employees and an opportunity for a hearing,
25        provided that the secretary may issue one interim order
26        to be effective until a decision is made on the basis of
27        a hearing.
28              (iii)    A temporary order may not be in effect for
29        longer than the period needed by the employer to achieve
30        compliance with the standard or one year, whichever is

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 1            shorter, except that an order may be renewed not more
 2            than twice so long as the requirements of this section
 3            are met and an application for renewal is filed at least
 4            90 days prior to the expiration date of the order.
 5                  (iv)   An interim renewal of an order shall not remain
 6            in effect longer than 180 days.
 7      (b)   Contents of application for variance.--An application
 8   for a temporary variance order shall contain all of the
 9   following:
10            (1)   A specification of the standard or portion of the
11      standard from which the employer or owner seeks a variance.
12            (2)   A representation by the employer, supported by
13      representations from qualified persons who have firsthand
14      knowledge of the facts represented, that the employer is
15      unable to comply with the standard or portion of the standard
16      and a detailed statement of the reasons therefor.
17            (3)   A statement of the steps the employer has taken and
18      will take, with specific dates, to protect employees against
19      the hazard covered by the standard.
20            (4)   A statement of when the employer expects to be able
21      to comply with the standard and what steps the employer has
22      taken and will take, with dates specified, to come into
23      compliance with the standard.
24            (5)   A certification that the employer has informed its
25      employees of the application by giving a copy of the
26      application to the authorized employee representative,
27      posting a statement giving a summary of the application and
28      specifying where a copy may be examined at the place or
29      places where notices to employees are normally posted and by
30      other appropriate means. A description of how employees have

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 1      been informed shall be contained in the certification. The
 2      information to employees shall also inform them of their
 3      right to petition the secretary for a hearing.
 4      (c)   Variance for experimental program.--The secretary may
 5   grant a variance from any standard or portion of the standard
 6   whenever the secretary determines that a variance is necessary
 7   to permit an employer to participate in an experimental program
 8   approved by the secretary, which is designed to demonstrate or
 9   validate new and improved techniques to safeguard the health or
10   safety of workers.
11      (d)   Hearing and order.--
12            (1)   An affected employer may apply to the secretary for
13      a rule or order for a variance from a standard promulgated
14      under this act. Affected employees shall be given notice of
15      each such application and an opportunity to participate in a
16      hearing.
17            (2)   The secretary shall issue a rule or order if the
18      secretary determines on the record, after opportunity for an
19      inspection where appropriate and a hearing, that the
20      proponent of the variance has demonstrated by a preponderance
21      of the evidence that the conditions, practices, means,
22      methods, operations or processes used or proposed to be used
23      by an employer will provide employment and places of
24      employment that are as safe and healthful as those that would
25      prevail if the employer complied with the standard. The rule
26      or order shall prescribe the conditions the employer must
27      maintain and the practices, means, methods, operations and
28      processes that the employer must adopt and utilize to the
29      extent they differ from the standard in question.
30            (3)   A rule or order may be modified or revoked upon

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 1      application by an employer, employee or authorized employee
 2      representative, or by the secretary on the secretary's own
 3      motion, in the manner prescribed for its issuance under this
 4      section at any time after six months from the date it was
 5      entered.
 6      (e)   Challenge to standard or regulation.--A person who may
 7   be adversely affected by a standard or regulation issued under
 8   this act may challenge the validity or applicability of the
 9   standard or regulation by bringing an action for declaratory
10   judgment.
11   Section 9.    Pennsylvania Occupational Safety and Health Review
12                 Board.
13      (a)   Establishment.--The Pennsylvania Occupational Safety and
14   Health Review Board is established to have and exercise the
15   powers and duties provided by the provisions of this act. The
16   review board shall consist of five persons appointed by the
17   Governor from among persons who, by reason of training,
18   education or experience, are qualified to carry out the
19   functions of the review board under this act.
20      (b)   Terms of members.--Members of the review board shall
21   serve terms of four years and until their successors are
22   appointed. The Governor shall designate one of the members of
23   the review board to serve as chairperson.
24      (c)   Power to hear appeals.--A member of the review board
25   shall hear and rule on appeals from compliance orders,
26   notifications and penalties issued under the provisions of this
27   act. The secretary shall adopt and promulgate rules and
28   regulations with respect to the procedures for review board
29   hearings.
30      (d)   Schedule for hearing appeals.--A review board member

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 1   hearing an appeal or appeals under the provisions of this act
 2   shall be paid a per diem amount to be determined by the
 3   secretary. The members shall alternate the hearing of appeals
 4   according to a schedule adopted by the secretary. If a member is
 5   unable to hear an appeal, the next available member, in
 6   accordance with the schedule, shall hear the appeal. A member
 7   shall be selected to hear the appeal within 30 days after the
 8   date it was filed.
 9      (e)   Necessary staff.--The department shall provide the staff
10   necessary for the purposes of conducting hearings under this
11   act.
12      (f)   Subpoena power and oaths.--In the conduct of hearings,
13   the review board member may subpoena and examine witnesses,
14   require the production of evidence, administer oaths and take
15   testimony and depositions.
16      (g)   Ruling on appeal.--After hearing an appeal, the review
17   board member may sustain, modify or dismiss a compliance order
18   or penalty, provided that decision shall be issued within 120
19   days after the appeal was filed.
20   Section 10.     Appeal from review board.
21      A person, including the secretary, adversely affected or
22   aggrieved by an order of the review board, after all
23   administrative remedies provided by this act have been
24   exhausted, is entitled to judicial review.
25   Section 11.     Inspection and investigation powers.
26      (a)   Right to inspect.--
27            (1)   To carry out the purposes of this act, the
28      secretary, upon presenting appropriate credentials to the
29      employer, may:
30                  (i)   Enter without advance notice and at reasonable

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 1          times a workplace or environment where work is performed
 2          by an employee of an employer.
 3                (ii)    Inspect and investigate, during regular working
 4          hours and at other reasonable times and in a reasonable
 5          manner, any place of employment under subparagraph (i)
 6          and all pertinent conditions, structures, machines,
 7          apparatus, devices, equipment and the materials therein.
 8                (iii)   Question privately an employer or employee.
 9          (2)   Whenever the secretary, proceeding in accordance
10    with this section, is denied admission to a place of
11    employment, the secretary may obtain a warrant to make an
12    inspection or investigation of the place of employment from a
13    judge of Commonwealth Court.
14    (b)   Witnesses and evidence.--
15          (1)   In making inspections and investigations under this
16    section, the secretary may require the attendance and
17    testimony of witnesses and the production of evidence under
18    oath. Witnesses shall be paid the same fees and mileage that
19    are paid witnesses in the courts of this Commonwealth.
20          (2)   In case of a failure or refusal of a person to obey
21    an order, the court of common pleas for the judicial district
22    in which the person resides, is found or transacts business
23    shall issue to the person an order requiring the person to
24    appear to produce evidence if asked, and when so ordered, and
25    to give testimony relating to the matter under investigation
26    or in question.
27          (3)   A failure to obey an order of the court may be
28    punishable by the court as a contempt.
29    (c)   Persons to accompany secretary or representative.--
30          (1)   Subject to regulations issued by the secretary, a

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 1      representative of the employer and an authorized employee
 2      representative shall be given an opportunity to accompany the
 3      secretary during the physical inspection of a workplace for
 4      the purposes of aiding the inspection. If there is no
 5      authorized employee representative, the secretary shall
 6      consult with a reasonable number of employees concerning
 7      matters of health and safety in the workplace.
 8            (2)   An employee who accompanies the secretary on an
 9      inspection shall not suffer a reduction in wages as a result
10      thereof.
11   Section 12.     Inspection and investigation of violations.
12      (a)   Request for inspection.--
13            (1)   An employee or authorized employee representative
14      who believes that a violation of an occupational safety or
15      health standard exists or that an imminent danger exists may
16      request an inspection by giving notice of a violation or
17      danger to the secretary.
18            (2)   The notice and request under paragraph (1) shall:
19                  (i)    Be in writing.
20                  (ii)    Specify with reasonable particularity the
21            grounds for the notice.
22                  (iii)    Be signed by an employee or authorized
23            employee representative.
24            (3)   A copy of the notice under this subsection shall be
25      provided by the secretary to the employer or its agent no
26      later than the time of inspection, except that on the request
27      of the person giving notice, the names of individual
28      employees or the authorized employee representative shall be
29      kept confidential.
30      (b)   Action by secretary.--

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 1            (1)   Whenever the secretary receives a request for
 2      inspection and determines that there are reasonable grounds
 3      to believe that a violation or danger exists, the secretary
 4      shall make an inspection as soon as practicable to determine
 5      if a violation or danger exists. The inspection may be
 6      limited to the alleged violation or danger.
 7            (2)   If the secretary determines there are no reasonable
 8      grounds to believe that a violation or danger exists, the
 9      secretary shall notify the employer, employee or authorized
10      employee representative in writing of the determination.
11      Notification may not preclude future enforcement action if
12      conditions change.
13      (c)   Notice of violation during inspection.--
14            (1)   Prior to or during an inspection of a workplace, an
15      employee or authorized employee representative employed in
16      the workplace may notify in writing the secretary or a
17      representative of the secretary responsible for conducting
18      the inspection of a violation of this act that the person has
19      reason to believe exists in the workplace.
20            (2)   The secretary shall by regulation establish
21      procedures for informal review of a refusal by a
22      representative of the secretary to issue a citation with
23      respect to an alleged violation and shall furnish a written
24      statement to the employer and the employee or authorized
25      employee representative requesting a review of the reasons
26      for the secretary's final disposition of the case.
27      Notification may not preclude future enforcement action if
28      conditions change.
29      (d)   Summary by secretary.--The secretary shall compile,
30   analyze and publish in either summary or detailed form all

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 1   reports or information obtained under this section.
 2      (e)    Rules and regulations.--The secretary shall prescribe
 3   rules and regulations as the secretary may deem necessary to
 4   carry out the secretary's responsibilities under this act,
 5   including rules and regulations dealing with the inspection of
 6   an employer's or owner's establishment.
 7   Section 13.     Recordkeeping.
 8      (a)    Employer's duties prescribed by regulation.--In
 9   accordance with the secretary's regulations, an employer shall
10   make, keep and preserve and make available to the secretary
11   records regarding its activities relating to this act as the
12   secretary deems necessary or appropriate for developing
13   information regarding the causes and prevention of occupational
14   accidents and illnesses. The regulations:
15             (1)   May include provisions requiring an employer to
16      conduct periodic inspections.
17             (2)   Must require that an employer, through posting of
18      notices, training or other appropriate means, keep its
19      employees informed of their protections and obligations under
20      this act, including the provisions and regulations of this
21      act.
22      (b)    Records relating to death and injury.--The secretary
23   shall prescribe regulations requiring an employer to maintain
24   accurate records and to make public periodic reports of work-
25   related deaths, injuries and illnesses, other than minor
26   injuries requiring only first aid treatment and not involving
27   lost time from work, medical treatment, loss of consciousness,
28   restriction of work or motion or transfer to another job.
29      (c)    Exposure to toxic or harmful agents.--
30             (1)   The secretary shall issue regulations requiring an

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 1      employer to maintain accurate records of employee exposures
 2      to potentially toxic materials or harmful physical agents
 3      that are required to be monitored or measured under an
 4      occupational safety and health standard adopted under this
 5      act. The regulations shall provide employees or the
 6      authorized employee representative with an opportunity to
 7      observe monitoring or measuring and have access to the
 8      records. The regulations shall make appropriate provisions
 9      for each employee or former employee to have access to
10      records that will indicate the employee's own exposure to
11      toxic materials or harmful physical agents.
12            (2)   An employer shall promptly notify an employee who
13      has been or is being exposed to toxic materials or harmful
14      physical agents in concentrations or at levels that exceed
15      those prescribed by an occupational safety and health
16      standard promulgated under this act and shall inform the
17      employee who has been or is being exposed of the corrective
18      action being taken.
19   Section 14.    Compliance orders.
20      (a)   Issuance.--Whenever the secretary, upon inspection or
21   investigation, determines that an employer has violated a
22   provision of this act or an occupational safety or health
23   standard or regulation promulgated under this act, the secretary
24   shall with reasonable promptness issue a compliance order to the
25   employer. Each compliance order shall be in writing and shall
26   describe the nature of the violation, including a reference to
27   the provisions of this act or the standard, regulation or order
28   alleged to have been violated. The compliance order shall fix a
29   reasonable time for the abatement of the violation.
30      (b)   Posting of order.--Each compliance order issued under

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 1   this section or a copy or copies of the order shall be
 2   prominently posted as prescribed in regulations issued by the
 3   secretary at or near each place a violation referred to in the
 4   compliance order occurred and at other locations within the
 5   workplace reasonably accessible to the employees.
 6   Section 15.    Enforcement procedures.
 7      (a)   Notice of order and penalty.--
 8            (1)   If, after inspection or investigation, the secretary
 9      issues a compliance order under section 14, the secretary
10      shall, within a reasonable time after the termination of the
11      inspection or investigation, notify the employer by certified
12      mail of the penalty, if any, proposed to be assessed under
13      section 17. The notification shall inform the employer that
14      the employer has 15 working days from the receipt of notice
15      within which to notify the secretary that the employer wishes
16      to contest the compliance order or proposed assessment of
17      penalty.
18            (2)   If the employer fails to notify the secretary within
19      15 days and if no notice is filed by an employee or
20      authorized employee representative under subsection (c)
21      within 15 days, the compliance order and the assessment, as
22      proposed, shall be deemed a final order of the secretary and
23      not be subject to review by any court or agency.
24      (b)   Notice of failure to correct violation.--
25            (1)   If the secretary has reason to believe that an
26      employer has failed to correct a violation for which a
27      compliance order has been issued within the period permitted
28      for correction, the secretary shall notify the employer by
29      certified mail of the failure and of the penalty proposed to
30      be assessed under section 17 by reason of the failure. In the

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 1    case, however, of a review proceeding initiated by the
 2    employer under this section in good faith and not solely for
 3    delay or the avoidance of penalties, the period permitted for
 4    correction of the violation may not begin to run until the
 5    entry of a final order by the review board. Notification by
 6    the secretary shall inform the employer that the employer has
 7    15 working days from the receipt of the notice within which
 8    to notify the secretary that the employer wishes to contest
 9    the notification or the proposed assessment of penalty.
10          (2)   If, within 15 days from receipt of notification
11    under this section, the employer fails to notify the
12    secretary that it intends to contest the notification or
13    proposed assessment of penalty, the notification and
14    assessment, as proposed, shall be deemed a final order of the
15    review board and not be subject to review by any court or
16    agency.
17    (c)   Action by review board.--
18          (1)   If an employer notifies the secretary that it
19    intends to contest a compliance order issued under section
20    14(a) or a notification issued under subsection (a) or (b) or
21    if, within 15 days after the issuance of a compliance order
22    issued under section 14(a), an employee or authorized
23    employee representative files a notice with the secretary
24    alleging that the period of time fixed in the compliance
25    order for abatement of the violation is unreasonable, the
26    secretary shall immediately advise the review board of the
27    notification, and the review board shall afford an
28    opportunity for a hearing.
29          (2)   The review board shall issue an order, based on
30    findings of fact, affirming, modifying or vacating the

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 1      secretary's compliance order or proposed penalty or directing
 2      other appropriate relief. The order shall become final 30
 3      days after its issuance.
 4            (3)   Upon a showing by an employer of a good faith effort
 5      to comply with the abatement requirements of a compliance
 6      order and a showing that abatement has not been completed
 7      because of factors beyond the employer's reasonable control,
 8      the secretary, after an opportunity for a hearing as provided
 9      in this subsection, shall issue an order affirming or
10      modifying the abatement requirements in the compliance order.
11            (4)   The rules of procedure prescribed by the secretary
12      shall provide affected employees or the authorized employee
13      representative of affected employees an opportunity to
14      participate as parties to hearings under this subsection.
15   Section 16.    Injunction proceedings.
16      (a)   Temporary restraining order.--
17            (1)   Commonwealth Court shall have jurisdiction, upon
18      petition of the secretary, in accordance with law and general
19      rules, to restrain any conditions or practices in a place of
20      public employment that pose a danger that could reasonably be
21      expected to cause death or serious physical harm immediately
22      or before the imminence of the danger can be eliminated
23      through the abatement procedures otherwise provided for by
24      this act.
25            (2)   An order issued under this section shall require
26      steps to be taken as may be necessary to avoid, correct or
27      remove the imminent danger and prohibit the employment or
28      presence of an individual in locations or under conditions
29      where the imminent danger exists, except individuals whose
30      presence is necessary to avoid, correct or remove the

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 1      imminent danger.
 2            (3)   A temporary restraining order issued without notice
 3      may not be effective for more than five days.
 4      (b)   Action by inspector.--Whenever and as soon as an
 5   inspector concludes that conditions or practices described in
 6   subsection (a) exist in a place of public employment, the
 7   inspector shall inform the affected employees and employers of
 8   the danger and shall further inform them that the inspector is
 9   recommending to the secretary that relief be sought.
10      (c)   Failure of secretary to seek relief.--If the secretary
11   arbitrarily or capriciously fails to seek relief under this
12   section, an employee who may be injured by reason of the
13   failure, or the authorized employee representative of the
14   employee, may bring an action against the secretary in
15   Commonwealth Court to compel the secretary to seek an order and
16   for such further relief as may be appropriate.
17   Section 17.    Penalties.
18      (a)   Willful or repeated violations.--An employer who
19   willfully or repeatedly violates the requirements of section 4
20   or 5, an occupational safety and health standard promulgated
21   under section 7 or regulations prescribed under this act may be
22   assessed an administrative penalty of not more than $10,000 for
23   each violation.
24      (b)   Compliance order for serious violation.--An employer who
25   has received a compliance order for a serious violation of the
26   requirements of section 4 or 5, an occupational safety and
27   health standard promulgated under section 7 or regulations
28   prescribed under this act shall be assessed an administrative
29   penalty of not more than $1,000 for each violation.
30      (c)   Compliance order for lesser violation.--An employer who

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 1   has received a compliance order for a violation of the
 2   requirements of section 4 or 5, an occupational safety and
 3   health standard promulgated under section 7 or regulations
 4   prescribed under this act, which violation has been determined
 5   not to be of a serious nature, may be assessed an administrative
 6   penalty of not more than $1,000 for each violation.
 7      (d)   Failure to correct violation.--An employer who fails to
 8   correct a violation for which a compliance order has been issued
 9   under section 14 within the period permitted for its correction,
10   which period shall not begin to run until the date of the final
11   order of the review board in the case of a review proceeding
12   under section 15 initiated by the employer in good faith and not
13   solely for delay or avoidance of penalties, may be assessed an
14   administrative penalty of not more than $1,000 for each day
15   during which the failure or violation continues.
16      (e)   Violation causing death.--
17            (1)   An employer who willfully violates a standard or
18      order promulgated in accordance with section 7 or a
19      regulation adopted under this act, which violation caused
20      death to an employee, commits a misdemeanor and shall, upon
21      conviction, be sentenced to pay a fine of not more than
22      $10,000 or to imprisonment for not more than six months, or
23      both.
24            (2)   If a conviction is for a violation committed after a
25      first conviction, the person shall be sentenced to pay a fine
26      of not more than $20,000 or to imprisonment for not more than
27      one year, or both.
28      (f)   Providing advance notice of inspection.--A person who
29   gives advance notice of an inspection to be conducted under this
30   act without authority from the secretary commits a misdemeanor

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 1   and shall, upon conviction, be sentenced to pay a fine of not
 2   more than $1,000 or to imprisonment for not more than six
 3   months, or both.
 4      (g)   False statements.--A person who knowingly makes a false
 5   statement, representation or certification in an application,
 6   record, report, plan or other document filed or required to be
 7   maintained under this act commits a misdemeanor and shall, upon
 8   conviction, be sentenced to pay a fine of not more than $10,000
 9   or to imprisonment for not more than six months, or both.
10      (h)   Violation of posting requirements.--An employer who
11   violates the posting requirements as prescribed under the
12   provisions of this act shall be assessed an administrative
13   penalty of not more than $1,000 for each violation.
14      (i)   Refusing entry for investigation or inspection.--An
15   employer who refuses entry to the secretary while the secretary
16   is attempting to conduct an investigation or inspection under
17   this act or in any way willfully obstructs an authorized
18   representative from carrying out an investigation or inspection
19   commits a misdemeanor and shall, upon conviction, be sentenced
20   to pay a fine of not more than $1,000 or to imprisonment for not
21   more than six months, or both.
22      (j)   Causing bodily harm to secretary.--An employer or
23   individual who willfully causes bodily harm to the secretary
24   while the secretary is attempting to conduct an investigation or
25   inspection under this act commits a misdemeanor and shall, upon
26   conviction, be sentenced to pay a fine of not more than $10,000
27   or to imprisonment for not more than one year, or both.
28      (k)   Authority to assess administrative penalties.--The
29   review board shall have authority to assess all administrative
30   penalties provided for in this act, giving due consideration to

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 1   the appropriateness of the penalty with respect to the size of
 2   the business of the employer being charged, the gravity of the
 3   violation, the good faith of the employer and the history of
 4   previous violations.
 5      (l)   Determination of serious violation.--For the purposes of
 6   this act, a serious violation shall be deemed to exist in a
 7   place of employment if there is a substantial probability that
 8   death or serious physical harm could result from a condition
 9   that exists, or from one or more practices, means, methods,
10   operations or processes that have been adopted or are in use, in
11   the place of employment unless the employer did not and could
12   not with the exercise of reasonable diligence know of the
13   presence of the violation.
14      (m)   Disposition of administrative penalties.--
15   Administrative penalties owed under this act shall be paid to
16   the secretary for deposit in the State Treasury and may be
17   recovered in an administrative action in the name of the
18   Commonwealth brought in Commonwealth Court.
19      (n)   Unauthorized disclosure of confidential information.--A
20   person who violates the provisions of section 22 commits a
21   misdemeanor and shall, upon conviction, be sentenced to pay a
22   fine of not more than $1,000 or to imprisonment for not more
23   than one year, or both. In the event that the person is an
24   officer or employee responsible for carrying out the provisions
25   of this act, the officer or employee shall be removed from
26   office or employment upon conviction under this section.
27   Section 18.   Discrimination against employees.
28      (a)   General rule.--An employer or other person may not
29   discriminate against an employee because the employee has filed
30   a complaint or instituted or caused to be instituted a

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 1   proceeding under or related to this act or has testified or is
 2   about to testify in a proceeding or because of the exercise by
 3   an employee on the employee's own behalf or on behalf of others
 4   of a right afforded by this act.
 5      (b)   Remedy.--
 6            (1)   An employee who believes that the employee has been
 7      discharged, disciplined or otherwise discriminated against by
 8      a person in violation of this section may, within 30 days
 9      after a violation occurs, file a complaint with the secretary
10      alleging discrimination.
11            (2)   Upon receipt of the complaint, the secretary shall
12      cause an investigation to be made as deemed appropriate and
13      shall, if requested, withhold the name of the complainant
14      from the employer.
15            (3)   If, upon investigation, the secretary determines
16      that the provisions of this section have been violated, the
17      secretary shall request the Attorney General to bring an
18      action in Commonwealth Court against the person or persons
19      alleged to have violated this act. In the action, the
20      Commonwealth Court shall have jurisdiction, for cause shown,
21      to restrain violations of this act and to order all
22      appropriate relief, including reinstatement of the employee
23      to the employee's former position with back pay and benefits.
24      (c)   Notice of determination of complaint.--Within 90 days of
25   receipt of a complaint filed under this section, the secretary
26   shall notify the complainant and the complainant's
27   representative by registered mail of the secretary's
28   determination of the complaint.
29      (d)   Other rights preserved.--Nothing in this act may be
30   construed to diminish the rights of an employee under any law,

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 1   rule or regulation or under a collective bargaining agreement.
 2   Section 19.    Research and demonstration projects.
 3      (a)   Secretary to conduct.--
 4            (1)   The secretary shall conduct research and undertake
 5      demonstration projects relating to occupational safety and
 6      health issues and problems either within the department or by
 7      grants or contracts. The secretary may prescribe regulations
 8      requiring employers to measure, record and make reports on
 9      exposure of employees to toxic substances that the secretary
10      believes may endanger the health or safety of employees.
11            (2)   The secretary shall cooperate with the Director of
12      the National Institute for Occupational Safety and Health of
13      the United States Department of Health and Human Services in
14      establishing the programs of medical examinations and tests
15      as may be necessary to determine the incidence of
16      occupational illnesses and employee susceptibility to the
17      illnesses.
18            (3)   The programs, on the request of the employer, may be
19      paid for by the secretary, and the secretary shall provide
20      other assistance as may be required.
21      (b)   Confidentiality.--Information obtained under this act
22   shall be made public without revealing the names of individual
23   workers covered by physical examination or special studies and
24   shall be made available to employers, employees and their
25   respective organizations.
26   Section 20.    Education programs.
27      (a)   Programs to train personnel.--The secretary shall
28   conduct directly, or by grants or contracts, education programs
29   to provide an adequate supply of qualified personnel to carry
30   out the purposes of this act and informational programs on the

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 1   importance and proper use of adequate safety and health
 2   equipment.
 3      (b)   Short-term training.--The secretary may conduct
 4   directly, or by grants or contracts, short-term training of
 5   personnel engaged in work related to the secretary's
 6   responsibilities under this act.
 7      (c)   Additional programs.--The secretary shall provide for
 8   the establishment and supervision of programs for the education
 9   and training of employers, owners and employees in the
10   recognition, avoidance and prevention of unsafe or unhealthful
11   working conditions in employment covered under this act. The
12   secretary shall consult with and advise owners and employers,
13   employees and organizations representing owners, employers and
14   employees as to effective means of preventing occupational
15   injuries and illnesses.
16   Section 21.   Reports to United States Secretary of Labor.
17      In regard to the administration and enforcement of this act,
18   the secretary shall make reports to the United States Secretary
19   of Labor in a form and containing information that the Secretary
20   of Labor shall from time to time require.
21   Section 22.   Confidentiality of information maintained.
22      All information reported to or otherwise obtained by the
23   secretary or a member of the review board in connection with an
24   inspection or proceeding under this act that contains or might
25   reveal a trade secret shall be considered confidential, provided
26   that the information may be disclosed to other officers or
27   employees concerned with carrying out this act or when relevant
28   in a proceeding under this act. In proceedings under this act,
29   the secretary, the review board or the court shall issue orders
30   that may be appropriate to protect the confidentiality of trade

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1   secrets.
2   Section 23.   Funding.
3      Nothing in this act may prohibit the secretary from pursuing
4   Federal or State funding for the purposes of this act.
5   Section 24.   Effective date.
6      This act shall take effect in 60 days.




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