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H.R. 5749 · 111th Congress

Offshore Worker Whistleblower Protection Act

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Never voted on. It didn't reach a floor vote before the 111th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

1 cosponsor · 1 D

1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

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).

What it does: CRS summary · Introduced in House · Jul 15, 2010

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.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Offshore Worker Whistleblower Protection Act

Latest action (Oct 13, 2010): Referred to the Subcommittee on Workforce Protections.

Policy area: Labor and Employment · Origin: House · Introduced: Jul 15, 2010

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.