legislation: 101-hr-3368
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 101-hr-3368 | 101 | hr | 3368 | Employee Health and Safety Whistleblower Protection Act | Labor and Employment | 1989-09-28 | 1989-12-14 | Executive Comment Requested from Mine Safety + Health Admin. | House | Rep. Ford, William D. [D-MI-15] | MI | D | F000270 | 45 | Employee Health and Safety Whistleblower Protection Act - Sets forth uniform Federal procedures to protect employees, former employees, and applicants for employment who engage in whistleblowing with respect to employer activities which endanger employee or public health and safety. Prohibits employers from discharging or discriminating against any employee who: (1) discloses (or demonstrates an intent to disclose) an activity, policy, or practice that the employee believes is a violation of Federal health or safety law; (2) initiates, assists, or participates (or demonstrates an intent to do so in a proceeding with respect to an activity, policy, or practice that the employee believes is a violation of Federal health or safety law, or with respect to consideration of enactment, adoption, promulgation, issuance, or amendment of such a law, or with respect to administration or enforcement of such a law or of this Act; or (3) refuses to participate in an activity, policy, or practice that violates Federal health or safety law or that the employee reasonably believes poses a bona fide danger to the health or safety of the employee, other employees, or the public (and the employee promptly reported such danger to a representative of the employer). Voids as contrary to public policy any waiver or modification of employee rights under this Act, except under certain settlements or dispute resolutions. Makes this Act inapplicable to employees who, acting without consent from the employer, deliberately cause a violation of Federal laws. Sets forth procedures for remedy of violations under this Act. Provides that the statute of limitations for filing a complaint pursuant to this Act or an existing Federal whistleblower protection law shall be 180 days after the later of the date: (1) an alleged violation occurs; (2) the discharge or other discrimination has taken effect; or (3) the employee first learns or reasonably should have learned of the violation. Provides for filing complaints with the Secretary of Labor (the Secretary). Directs the Secretary to create or designate an identifiable office or unit within the Department of Labor to investigate such complaints and to issue orders providing relief where appropriate. Provides for administrative law hearings upon request when such orders are not issued, or are questioned. Allows the Secretary or complainant to petition any U.S. district court to enforce an order. Requires the investigation office, if it determines that there is reasonable cause to believe that a violation of this Act has occurred, to intervene on behalf of the complainant in proceedings under this Act. Provides for an administrative appeal procedure. Makes the decision of the administrative law judge the final order of the Secretary (subject to specified judicial review), unless there is a petition or order for review by the Secretary within a specified period. Directs the Secretary to issue a final order after such review within a specified period. Sets forth provisions for remedies. Provides for orders of abatement, reinstatement (with compensation and restoration of lost pay, benefits, and privileges), consequential damages, double damages for willful and wanton violations, equitable relief, and legal cost payments. Provides for judicial review of orders. Provides for settlements or alternative dispute resolutions. Requires employers to post specified information about this Act. Sets forth provisions for enforcement of orders under this Act by the parties in U.S. district court. Provides for complaint referral by directing the Secretary to send copies of final orders (including settlement orders) to each Federal agency with jurisdiction over the activity, policy, or practice alleged in the complaint. Directs such agency to take appropriate action and report on such action to the Secretary, the parties, and the relevant congressional committees. Provides that such provisions do not limit any Federal agency authority under any other law. Declares that rights and remedies under this Act: (1) are in addition to any other rights and remedies provided under a contract or State law; and (2) supersede existing Federal whistleblower protection laws with respect to any discharge or discrimination based on employee conduct protected by this Act. Provides that the enforcement and administration procedures of this Act supersede those of any existing Federal whistleblower protection laws in such respects. | 2026-03-23T12:41:21Z |