The Protecting America’s Workers Act proposed in the House of Representatives on April 23rd 2009 would expand OSHA coverage to over 8 million additional U.S. workers.   The original Occupational Safety and Health act of 1970 did not cover flight attendants, railway workers, federal, state, or local public employees.
The legislation was introduced in the House by U.S Rep Lynn Woolsey, D-CA, and U.S. Rep Phil Hare, D-IL. Identical legislation was introduced simultaneously in the Senate by Sen. Edward Kennedy, D-MA, and Sen. Patty Murray, D-WA.
The bill would also increase financial and criminal penalties for employers whose repeated and willful violations result in a worker fatality or severe injury. The proposed Act increases the criminal penalty to a potential maximum of 20 years in prison for violations of the OSH Act.
The American Industrial Hygienist Association (AIHA) President Lindsay Booher has written a letter of support for the proposed legislation to Rep. Woolsey.   However, the letter expresses concern that “health and safety professionals will become the ‘fall guy’ even if an investigation shows that… their recommendations were overruled or ignored “ by upper management.  Industrial Hygiene is the science of anticipating and controlling dangerous or unhealthy conditions in the workplace through scientific measurements, ventilation, chemical substitution, ergonomic changes, and other engineering or administrative controls.
The legislation also contains provisions for strengthening whistle blower protections, clarifying the rules on employers’ duty to provide safety equipment, and increases transparency of Department of Labor investigations of violations.