US HB5749 | 2009-2010 | 111th Congress

Status

Spectrum: Partisan Bill (Democrat 2-0)
Status: Introduced on July 15 2010 - 25% progression, died in committee
Action: 2010-10-13 - Referred to the Subcommittee on Workforce Protections.
Pending: House Subcommittee on Workforce Protections Committee
Text: Latest bill text (Introduced) [PDF]

Summary

Offshore Worker Whistleblower Protection Act - Prohibits an employer from discharging, discriminating, or engaging in retaliatory actions against specified employees who report to a government official any violation under the Outer Continental Shelf Lands Act (OCSLA). Sets forth complaint filing procedures with the Secretary of Labor regarding such retaliation. Requires employers to: (1) post a notice approved by the Secretary of Labor explaining employee rights and remedies under this Act in a conspicuous location in the place of employment where employees frequent; (2) provide training to employees about their rights under this Act within 30 days of employment, and at least once every 12 months thereafter; and (3) provide employees with a card containing a toll free telephone number at the Department of Labor to get information or file a complaint under this Act. Directs the Secretary of Labor, within 30 days after enactment of this Act, to designate agency officials to receive, investigate, and adjudicate complaints concerning violations under this Act. Prohibits an employer engaged in activities for the exploration for, and development and production of, minerals, alternative energy, or oil spill cleanup under a lease or permit issued under the OCSLA from discharging or constructively discharging an employee performing such activities on or in waters above the Outer Continental Shelf, and who has completed a probationary period of employment of up to six months, without reasonable job-related grounds based on: (1) failure to satisfactorily perform job duties, including compliance with the OCSLA and mandatory health and safety standards or regulations; or (2) other legitimate business reason. Authorizes an aggrieved employee, within one year of an alleged violation of such requirement, to file a complaint in an appropriate federal district court. Entitles a prevailing employee to: (1) reinstatement with backpay and compensatory damages; and (2) reasonable attorneys' fees and costs. Directs the Secretary of Labor and the Secretary of the Interior to enter into a cooperative educational and training agreement to jointly train Department of Labor and Department of the Interior inspectors of, and other related personnel on, onshore and offshore oil and gas drilling or production platforms or rigs.

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Title

Offshore Worker Whistleblower Protection Act

Sponsors


History

DateChamberAction
2010-10-13 Referred to the Subcommittee on Workforce Protections.
2010-07-19 Referred to the Subcommittee on Energy and Mineral Resources.
2010-07-15 Referred to House Natural Resources
2010-07-15 Referred to House Education and Labor
2010-07-15 Referred to the Committee on Education and Labor, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Same As/Similar To

HB5851 (Related) 2010-07-30 - Pursuant to the provisions of H. Res. 1574, H.R. 5851 is laid on the table.

Subjects


US Congress State Sources


Bill Comments

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