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A national coalition to protect workers' health and safety

Model letter to Congressional Rep's on HR 5663

Dear Member of Congress

We are writing to urge you to co-sponsor H.R. 5663, a bill to protect miners and all American workers. Recent workplace tragedies have focused national attention on workplace safety. The explosions and 40 worker fatalities at the Massey coal mine in West Virginia and Deepwater Horizon oil rig in the Gulf of Mexico highlight the need for stronger workplace safety legislation to protect workers in all industries. In February, a natural gas plant explosion in Connecticut killed six workers; in April, a refinery explosion in Washington killed seven workers. These tragedies made national news, but they are only a few of the approximately 5,000 workplace fatalities that occur each year. Additionally, an estimated 50,000-60,000 workers die from occupational illness, a monumental national toll. These deaths are preventable and illustrate the dire need for the increased worker protections in this legislation.

H.R. 5663 would improve conditions for all workers by strengthening the federal agencies charged with regulating workplace safety. Far too many workers in too many industries are dying, suffering serious injury or become ill because of unsafe and unhealthy conditions. This legislation will provide the additional tools these agencies need to carry out their respective duties to enforce safe and healthy workplaces for all American workers.

HR 5663 would significantly improve safeguards for the nation's miners, especially underground coal miners who daily face potentially deadly work conditions. The bill would give MSHA authority to revoke an employer's mining engineering plan if it is inaccurate and creates a serious safety hazard; to assess monetary penalties for violations that are part of a pattern of serious violations; to extend criminal liability to mining officials who knowingly violate federal safety regulations; and to protect miners from loss of pay when their mine is shut down to correct serious safety problems.

Hr 5663 requires several common sense updates to the Occupational Safety and Health Act (OSH Act) by strengthening whistleblower protections for workers who call attention to safety and health hazards and strengthening OSHA’s ability to enforce its rules. OSHA’s civil and criminal penalties have not been updated in two decades and are not a significant deterrent to dangerous behavior. HR 5663 would improve OSHA’s ability to enforce its rules by increasing the civil and criminal penalties including increasing monetary penalties to adjust for inflation since 1990. Civil and criminal penalties are also increased for repeat offenders. OSHA would have the same ability as other federal agencies to press felony charges when workers are killed on the job.

Because ensuring a safe workplace is essential, HR 5663 would create additional rights and protections for employees who report unsafe working conditions. It forbids employers from retaliating or discriminating against employees who report injury, illness, or unsafe working conditions or refuse to work in unsafe or unhealthy conditions.

HR 5663 would also provide enhanced rights for victims of workplace injury or illness. The victim or his or her family will have an opportunity to speak with OSHA staff during OSHA’s investigation of the injury and speak during any citation settlement proceeding. Allowing the victim or his or her family to have input during the investigation process will inform OSHA’s investigation and any enforcement action.

111 Congressional Representatives have already expressed their support for strengthening the OSH Act by co-sponsoring HR 2067, the Protecting America’s Workers Act, that would have also extended coverage of the OSH Act to federal, state, and local government employees and would have given workers the right to be included in discussions on citations, penalties and settlement agreements. Even though the current legislation is missing these provisions, HR 5663 makes critical improvements to our nation’s workplaces.

We urge you to cosponsor HR 5663 and look forward to working with you to improve workplace safety.

Sincerely,