Summary: Ed Walker Memorial Act for Improvements to the Energy Employees Occupational Illness Compensation Program - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the energy employees occupational illness compensation program. Directs the Secretary of Health and Human Services (HHS) to: (1) issue regulations for designating additional classes of employees, including those employed during a period of residual contamination, as members of the Special Exposure Cohort; and (2) determine whether workers employed at the Bethlehem Steel site in Lackawanna, New York, meet the requirements of this Act for membership in the Special Exposure Cohort. Requires the Secretary to provide a report to Congress identifying facilities at which classes of employees were employed that meet the requirements for membership in the Special Exposure Cohort, as well as the number of classes and the number of employees in each class.

memorial act improvements include certain nuclear weapons program workers special_exposure_cohort energy employees occupational illness compensation program directs secretary health_and_human_services hhs issue regulations designating additional classes employees including employed period residual contamination members special_exposure_cohort determine workers employed site new_york meet requirements act membership special_exposure_cohort requires secretary provide report congress identifying facilities classes employees employed meet requirements membership special_exposure_cohort number classes number employees class


Summary: Protecting Workers From Imminent Dangers Act of 2009 - Amends the Occupational Safety and Health Act of 1970 to require the Department of Labor to: (1) inform employers and employees and their representatives when a condition or practice in a place of employment is such that an imminent danger to safety or health exists that could reasonably be expected to cause death, serious physical harm, or permanent impairment of the health or functional capacity of employees if not corrected immediately or before the danger can be eliminated through prescribed enforcement procedures; and (2) request that the condition or practice be corrected immediately or that employees be immediately removed from exposure to such danger. Requires the Department, if an employer refuses to comply with such request, to immediately issue an order requiring the employer to cause all persons to be withdrawn from, and to be prohibited from entering, such area until the Department determines that such imminent danger and the conditions or practices which caused it no longer exist. Declares that such an order shall not preclude issuing a citation or proposing a penalty for a violation under such Act. Prohibits the Department from preventing: (1) the entry or continued activity of employees whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations; and (2) a necessary cessation of operations from being accomplished in a safe and orderly manner. Prohibits persons from discharging or discriminating against an employee for the refusal to perform a duty that has been identified by an order as the source of an imminent danger. Sets forth penalties for violations.

imminent dangers act amends occupational_safety_and_health_act require department_of_labor inform employers employees representatives condition practice place employment imminent danger safety health exists reasonably expected cause death physical harm permanent impairment health functional capacity employees corrected immediately danger eliminated prescribed enforcement procedures request condition practice corrected immediately employees immediately removed exposure danger requires department employer refuses comply request immediately issue order requiring employer cause persons withdrawn prohibited entering area department determines imminent danger conditions practices caused longer exist declares order shall preclude issuing citation proposing penalty violation act prohibits department preventing entry continued activity employees presence necessary avoid correct remove imminent danger maintain capacity continuous process operation resume normal operations complete cessation operations necessary cessation operations accomplished safe orderly manner prohibits persons discharging discriminating employee refusal perform duty identified order source imminent danger sets forth penalties violations


Summary: Nurse and Health Care Worker Protection Act of 2009 - Requires the Secretary of Labor to propose a standard on safe patient handling and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering controls to lift patients and the elimination of manual lifting of patients through the use of mechanical devices, except where patient care may be compromised. Requires health care employers to: (1) develop and implement a safe patient handling and injury prevention plan; (2) provide their workers with training on safe patient handling and injury prevention; and (3) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to conduct unscheduled inspections to ensure compliance with safety standards. Allows health care workers to: (1) refuse to accept an assignment in a health care facility that violates safety standards or for which such worker has not received required training; and (2) file complaints against employers who violate this Act. Prohibits employers from taking adverse actions against any health care worker who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations. Authorizes health care workers who have been discharged, discriminated, or retaliated against in violation of this Act to bring legal action for reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and other damages. Requires the Secretary of Health and Human Services (HHS) to establish a grant program for purchasing safe patient handling and injury prevention equipment for health care facilities.

nurse act requires secretary labor propose standard safe patient handling injury prevention prevent musculoskeletal disorders direct care registered nurses health care workers requires use engineering controls lift patients elimination manual lifting patients use mechanical devices patient care compromised requires health care employers develop implement safe patient handling injury prevention plan provide workers training safe patient handling injury prevention post uniform notice explains standard procedures report patient handling related injuries requires secretary conduct unscheduled inspections ensure compliance safety standards allows health care workers refuse accept assignment health care facility violates safety standards worker received required training file complaints employers violate act prohibits employers taking adverse actions health care worker good faith reports violation participates investigation proceeding discusses violations authorizes health care workers discharged discriminated violation act bring legal action reinstatement reimbursement lost compensation attorneys fees court costs damages requires secretary health_and_human_services hhs establish grant program purchasing safe patient handling injury prevention equipment health care facilities


Summary: Alexander L. Booker Child Protection Construction Site Safety Act - Directs the Secretary of Labor, in order to increase worker safety and protect child trespassers from unforeseen dangers on construction sites, to revise regulations under the Occupational Safety and Health Act of 1970 to require: (1) signs and symbols be prominently displayed to warn adults and children of danger or a hazard at construction sites (even during non-working hours); (2) all equipment left unattended at night near a highway, construction areas, or schools or other areas where children are known to congregate to have sufficiently visible barricades to prevent access to such equipment as well as to require the equipment's parking brakes to be set when not in use and be equipped with devices that set off an alarm when tampered with or broken; and (3) all motorized vehicles to be equipped with safety lock systems, including latches or other devices to prevent accidental starting.

safety act directs secretary labor order increase worker safety protect child unforeseen dangers construction sites revise regulations occupational_safety_and_health_act require signs symbols prominently displayed warn adults children danger hazard construction sites non working hours equipment left night near highway construction areas schools areas children known congregate sufficiently visible prevent access equipment require equipment parking brakes set use equipped devices set alarm broken motorized vehicles equipped safety lock systems including devices prevent accidental starting


Summary: Employer-Owned Life Insurance Limitation Act - Makes it unlawful for any employer to carry an employer-owned life insurance policy on any employee whose salary is less than $1 million per year. Makes it also unlawful for any employer to carry an employer-owned life insurance policy not prohibited by this Act for an employee (earning $1 million or more per year) more than 30 days after that employee terminates employment with the employer. Requirers an employer to notify an employee who is the subject of a non-prohibited employer-owned life insurance policy within 30 days after purchasing it. Authorizes any employee who is the subject of a prohibited employer-owned life insurance policy (or the employee's spouse or next of kin if the employee is deceased) to commence a civil action in an appropriate U.S. district court to: (1) enjoin the employer from carrying such a policy; and (2) obtain specified damages. Directs the Comptroller General to study and report to Congress on the incidence of employers carrying employer-owned life insurance policies on their employees, and related matters. Prescribes criminal penalties for violation of this Act.

unlawful employer carry employer owned life insurance policy employee salary million year makes unlawful employer carry employer owned life insurance policy prohibited act employee earning million year days employee terminates employment employer employer notify employee subject non prohibited employer owned life insurance policy days purchasing authorizes employee subject prohibited employer owned life insurance policy employee spouse kin employee deceased commence civil action appropriate district court enjoin employer carrying policy obtain specified damages directs comptroller general study report congress incidence employers carrying employer owned life insurance policies employees related matters prescribes criminal penalties violation act


Summary: Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include as a member of the Special Exposure Cohort entitled to compensation with respect to chronic beryllium disease under the Energy Employees Occupational Illness Compensation Program any Department of Energy (DOE) employee or a DOE contractor or subcontractor employee who was employed for an aggregate number of at least 250 work days before January 1, 2009, at the Feed Materials Production Center (Fernald) or the Piqua Organic Moderated Reactor in Ohio. Requires any claim that an individual qualifies by reason of this Act for compensation or benefits to be considered for such compensation or benefits notwithstanding any denial of any other claim for compensation with respect to the individual.

amends energy_employees_occupational_illness_compensation_program_act include member special_exposure_cohort entitled compensation respect chronic beryllium disease energy_employees_occupational_illness_compensation_program department_of_energy doe employee doe contractor subcontractor employee employed aggregate number work days january ohio requires claim individual qualifies reason act compensation benefits considered compensation benefits notwithstanding denial claim compensation respect individual


Summary: Ensuring Worker Safety Act - Amends the Occupational Safety and Health Act to revise requirements for the Secretary of Labor's continuing evaluation of approved state occupational safety and health plans. Requires: (1) the review of state plans to include an assessment of whether a state continues to meet certain conditions for the approval of such plans; and (2) the Secretary to determine whether a state that fails to comply substantially with the provisions of a plan should be given the opportunity to remedy such deficiencies. Prescribes general requirements for the provision to a state of such an opportunity. Requires the Comptroller General periodically to review and assess: (1) whether state plans to develop and enforce safety and health standards are at least as effective as federal occupational safety and health (OSHA) program standards in preventing occupational injuries, illnesses and deaths, and investigating discrimination complaints; (2) the effectiveness of the Secretary's oversight of such plans; and (3) the adequacy of the Secretary's investigations in response to Complaints About State Plan Administration (CASPA) as well as whether policy issues have been identified and corrective actions fully implemented by each state.

ensuring worker safety act amends occupational_safety_and_health_act revise requirements secretary labor continuing evaluation approved state occupational safety health plans requires review state plans include assessment state continues meet certain conditions approval plans secretary determine state fails comply substantially provisions plan given opportunity remedy deficiencies prescribes general requirements provision state opportunity requires comptroller general periodically review assess state plans develop enforce safety health standards effective federal occupational safety health osha program standards preventing occupational injuries illnesses deaths investigating discrimination complaints effectiveness secretary oversight plans adequacy secretary investigations response policy issues identified corrective actions fully implemented state


Summary: Radiation Exposure Compensation Act Amendments of 2010 - Amends the Radiation Exposure Compensation Act to extend the Radiation Exposure Compensation Trust Fund until 19 years after enactment of this Act. Prescribes additional periods of required presence in an affected area during atmospheric nuclear testing for individuals filing leukemia or specified disease claims. Increases the amount of compensation an individual filing a claim may receive to $150,000. Expands "affected area" to include Colorado, Idaho, Montana, and New Mexico, as well as any county in Arizona, Nevada, or Utah. Extends to December 31, 1990, the period during which an individual employed at any time in a uranium mine or uranium mill is made eligible to receive compensation for a disease claim due to radiation exposure. Makes a core driller eligible to receive compensation upon filing of a disease claim. Makes miners, core drillers, and ore transporters who suffer renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury, eligible for compensation due to exposure to radiation while on the job. Requires the Attorney General to accept written affidavits meeting specified requirements regarding employment history, physical presence in an affected area, or participation at a nuclear testing site in determining the eligibility of claimants. Extends until 19 years after enactment of this Act the statute of limitations for the filing of such claims. Increases from 2% to 10% of the payment received by a claimant the maximum amount of attorneys fees that can be charged for the filing of an initial claim. Directs the Secretary of Health and Human Services (HHS), through the National Institute of Environmental Health Services, to establish a program of grants to institutions of higher education to study the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers.

radiation exposure compensation act amendments amends radiation exposure compensation act extend radiation_exposure_compensation_trust_fund years enactment act prescribes additional periods required presence affected area atmospheric nuclear testing individuals filing leukemia specified disease claims increases compensation individual filing claim receive expands affected area include colorado idaho montana new_mexico county arizona nevada utah extends december period individual employed time uranium uranium mill eligible receive compensation disease claim radiation exposure makes core driller eligible receive compensation filing disease claim makes miners core drillers ore transporters suffer renal cancer chronic renal disease including nephritis kidney tubal tissue injury eligible compensation exposure radiation job requires attorney general accept written affidavits meeting specified requirements employment history physical presence affected area participation nuclear testing site determining eligibility claimants extends years enactment act statute limitations filing claims increases payment received claimant maximum attorneys fees charged filing initial claim directs secretary health_and_human_services hhs establish program grants institutions higher education study epidemiological impacts uranium mining milling non occupationally exposed individuals including family members uranium miners millers


Summary: Mine Communications Technology Innovation Act of 2010 - Requires the Director of the National Institute of Standards and Technology (NIST) to establish a research initiative for the development of emergency communication and tracking technologies for use in locating trapped individuals in confined spaces, such as underground mines, and other shielded environments, like high-rise buildings or collapsed structures, where conventional radio communication is limited. Requires the Director to work with the private sector and appropriate federal agencies to perform needs assessments to identify and evaluate the measurement, technical standards, and conformity assessment needs required, as well as support the development of technical standards and conformance architecture, to improve the operation of emergency communication and tracking technologies.

innovation act requires director national_institute_of_standards_and_technology nist establish research initiative development emergency communication tracking technologies use locating individuals confined spaces underground mines shielded environments like high rise buildings structures conventional radio communication limited requires director work private sector appropriate federal agencies perform needs assessments identify evaluate measurement technical standards conformity assessment needs required support development technical standards conformance architecture improve operation emergency communication tracking technologies


Summary: Robert C. Byrd Miner Safety and Health Act of 2010 - Title I: Additional Inspection and Investigation Authority - (Sec. 101) Amends the Federal Mine Safety and Health Act of 1977 (this Act) to require the Secretary of Labor (Secretary), in conducting health and safety related accident investigations in coal or other mines, to: (1) determine why an accident occurred and whether there were violations of law, mandatory health and safety standards, or other requirements; (2) issue citations and penalties in case of violations, and in cases involving possible criminal actions, refer them to the Attorney General; and (3) make recommendations to avoid any recurrence. Requires an independent accident investigation by an independent panel appointed by the Secretary of Health and Human Services (HHS) for any accident: (1) involving three or more deaths; or (2) whose severity or scale merits an independent investigation. Requires the Secretary and the Secretary of Health and Human Services (HHS) to issue publicly a memorandum of understanding that: (1) outlines administrative arrangements to facilitate coordination of efforts between the Secretary's and the Panel's investigations; and (2) ensures full Panel participation in the Secretary's investigation (including mine inspections and interviews). Requires the Secretary to establish procedures to ensure consistency of Panel investigations. Authorizes appropriations. Requires the Secretary's annual mine safety and health report to Congress to include the status of implementation of recommendations received from each Panel investigation in the preceding five years. (Sec. 102) Authorizes: (1) the Secretary's representatives and attorneys to question any individual privately during an inspection or investigation; and (2) any individual willing to speak with or provide a statement to such representatives or attorneys to do so without the presence, involvement, or knowledge of the mine operator or mine operator's agents or attorneys. Requires the Secretary to keep the identity of individuals providing statements confidential to the extent permitted by law. (Sec. 103) Allows the closest relative of a miner who is entrapped or otherwise prevented by an accident to designate a representative for the miner to participate in a mine inspection. (Sec. 104) Requires mine inspections to be conducted during various shifts and days of the week when miners are normally present. Directs the Secretary, upon the request of the mine operator, to review with appropriate mine officials the Secretary's most recent evaluation for pattern (of violation) status during the course of a regular mine inspection, or at the Secretary's discretion, during the pre-inspection conference. Requires mine operators and independent contractors to keep records of occupational injuries and illnesses of miners for each mine and to report them, at least annually, to the Secretary and appropriate state agency. Repeals the requirement that an authorized representative of the Secretary be physically present to issue a safety order in the event of a mine accident. Prohibits an attorney from representing both a mine operator and miner during an inspection, investigation, or litigation, unless such miner knowingly waives all possible conflicts of interest. Title II: Enhanced Enforcement Authority - (Sec. 202) Requires the Secretary to take certain action for mine operators having a pattern of recurring citations, withdrawal orders, accidents, injuries, or illnesses, including to: (1) notify the operator that the mine is in pattern status; (2) issue an order to require all persons be withdrawn from the mine; (3) issue a remediation order within three days; and (4) require the number of regular mine inspections to be increased to eight per year while the mine is in pattern status. Authorizes the Secretary to cite mitigating circumstances and deem as not in pattern status any mine which would otherwise qualify for pattern status, but whose operator has: (1) already implemented remedial measures that have reduced risks to the health and safety of miners to the point that such risks are no longer elevated; and (2) taken sufficient measures to ensure such elevated risk will not recur. Specifies mine performance benchmarks which, if met, will require removal from pattern status. Directs the Secretary to establish a publicly available and searchable electronic database containing information used to determine pattern status for all coal and other mines. Requires the Secretary to assess and collect fees from mines in pattern status for the costs of additional inspections. Authorizes appropriations. (Sec. 203) Authorizes the Secretary to institute a civil action for injunctive relief in a U.S. district court for a mine operator that engages in a course of conduct that constitutes a continuing hazard to the health or safety miners. (Sec. 204) Requires the Secretary to revoke the approval of mine operator plans or programs based on certain criteria. Authorizes the Secretary, in such an event, to order withdrawal of all persons from a mine or an area in it, and prohibit them from entering it or the area, until the operator submits and the Secretary approves a new plan. (Sec. 205) Requires the Federal Mine Safety and Health Review Commission and the courts to affirm the Secretary's decision to approve, modify, or revoke a mine plan unless the decision is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (Sec. 206) Directs the Comptroller General to report to Congress on the timeliness of Mine Safety and Health Administration (MSHA) approval of underground coal mine plans and plan amendments, including factors that contribute to the delay of plan approval as well as recommendations for improving timeliness of plan review. Title III: Penalties - (Sec. 301) Doubles the civil penalty for mine operators who are in pattern status and fail to meet certain mine performance benchmarks. Requires the Secretary to propose, and the Commission to assess, a civil penalty against mine operators of between $10,000 and $100,000 for violations of certain discrimination prohibitions during any three-year period. (Sec. 302) Revises the civil and criminal liability of directors, officers, or agents of a mine operator who knowingly authorize, order, or carry out a policy or practice that results in a violation of a health and safety standard or a refusal to comply with an order. (Sec. 303) Changes the criminal intent standard required for violations of mandatory health and safety standards from "willful" to "knowing". Increases the civil penalty for subsequent convictions for repeated violations. Subjects to certain criminal penalties mine operators who knowingly: (1) expose miners to a significant risk of serious injury or illness or death; or (2) tamper with or disable a safety device which exposes miners to a significant risk of serious injury or illness or death. Subjects to certain criminal penalties mine operators who knowingly discriminate against a person who has provided the Secretary, a state or local mine safety or health official, or other law enforcement officer with evidence of health or safety violations or unhealthful or unsafe conditions or practices. Revises the elements of the criminal offense of knowingly giving advance notice of a mine inspection with the intent to impede, interfere with, or adversely affect the results of such inspection. Requires a mine operator to post, in a conspicuous place, a notice stating: (1) that giving of such an advance notice is unlawful; and (2) the maximum penalties for violation of such requirements. (Sec. 304) Prescribes requirements for Commission assessment of penalties following a review of citations and proposed penalty assessments, with permission to assess a penalty for less than the amount proposed in extraordinary circumstances. (Sec. 305) States that pre-final order interest on any penalties owed shall begin to accrue on the date a mine operator contests a citation, including for violation of any mandatory health or safety standard or regulation promulgated under this Act, at an interest rate calculated at the current underpayment rate. Prescribes administrative actions in the event a mine operator fails to pay any civil penalty assessment, including delinquency letters and withdrawal orders. Title IV: Worker Rights and Protections - (Sec. 401) Revises certain miner protections against discrimination. Prohibits discriminating against a miner or other employee of a mine operator for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. (Sec. 402) Revises the entitlement of a miner to specified compensation by a mine operator for certain periods for which the miner is idled because of a Secretary's withdrawal order. (Under current law, miners are entitled to full compensation only for the balance of their shift, and up to four hours of the next working shift if an order is not terminated beforehand.) Entitles all miners idled by a withdrawal order to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the entire period for which they are idled, up to 60 days. Applies the same compensation entitlement to occasions when the operator closes a mine in anticipation of a withdrawal order. Excepts from this latter pay requirement any operator that promptly withdraws miners upon discovery of a hazard, and timely notifies the Secretary if required. Extends the entitlement to full pay at regular rates for the entire withdrawal order period, in addition to compensation earned, to all miners who would have been withdrawn from a mine if the operator had complied with the order but instead violated, failed, or refused to comply with it. Requires the Secretary to order a mine that has been subject to a withdrawal order but has reopened to be closed again if such compensation is not paid by a certain date. (Sec. 403) Prohibits an underground coal mine operator, for three years after being placed on pattern status, from either discharging or constructively discharging a miner paid on an hourly basis without reasonable job-related grounds based on certain failures to perform job duties satisfactorily, if the miner has completed the employer's probationary period of up to six months. Allows a miner aggrieved by violation of this prohibition to file a complaint in federal district court for reinstatement and compensatory damages. Title V: Modernizing Health and Safety Standards - (Sec. 501) Requires each underground coal mine operator to implement a communication program to ensure that each miner entering a mine is orally briefed on and made aware, before traveling to or arriving at the miner's work area and commencing assigned tasks, of current mine conditions, especially if hazardous. (Sec. 502) Prescribes additional requirements for the monitoring of coal dust in underground mines. (Sec. 503) Requires the Director of the National Institute for Occupational Safety and Health (NIOSH), acting through the Office of Mine Safety and Health Research, to issue recommendations to the Secretary regarding the use of atmospheric monitoring systems in the underground coal mining industry. (Sec. 504) Directs the Secretary to promulgate final regulations to require mine operators to use environmental controls to give miners the maximum feasible protection from respirable dust, including coal and silica dust. (Sec. 505) Revises mine operator health and safety training program requirements. Increases from 8 to 9 the minimum number of hours of refresher training all miners must receive at least once every 12 months, including 1 hour of training on miners' statutory rights and responsibilities. Requires health and safety training programs to include distribution of: (1) information to miners regarding miners' rights; as well as (2) a durable wallet card containing a toll-free hotline telephone number to report miner complaints regarding hazardous mine conditions, discrimination, or mine safety or health violations or concerns. (Sec. 506) Requires the Secretary to order a mine operator to provide additional training to miners if a serious or fatal accident has occurred at a mine or it has experienced above-average accident and injury rates, citations, or withdrawal orders. (Sec. 507) Requires the Secretary to issue mandatory standards to establish certification requirements and procedures for persons authorized by a mine operator to perform duties or provide training under such Act. Requires the Secretary to assess and collect fees from mine operators to fund such certification programs. Authorizes appropriations. Title VI: Additional Mine Safety Provisions - (Sec. 602) Authorizes the Secretary to make grants to states to assist them in developing and implementing miner certification programs. Increases the authorization of appropriations for assistance to states to cover such grants. (Sec. 603) Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination. (Sec. 604) Exempts from the amendments made by this Act: (1) surface mines, except for surface facilities or impoundments physically connected to underground coal mines, or underground gassy mines; or (2) underground mines which are neither coal mines nor gassy mines. Title VII: Amendments to the Occupational Safety and Health Act - (Sec. 701) Amends the Occupational Safety and Health Act of 1970 to revise certain employee protections against discrimination. Prohibits discriminating against an employee for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. Prescribes procedures for filing a complaint against, investigating, and providing relief from discharge, disciplining, or other discrimination, as well as settlement of a complaint. (Sec. 702) Prescribes an employee's victim rights before the Secretary or before the Occupational Safety and Health Review Commission with respect to: (1) inspections or investigations of employer violations of federal occupational safety and health standards; or (2) a work-related bodily injury or death. (Sec. 703) Prescribes administrative requirements for an employer's correction of a serious, willful, or repeated violation of federal occupational safety and health standards pending contest and procedures for a stay. (Sec. 705) Increases civil penalties for such violations. (Sec. 706) Subjects to certain increased criminal penalties an employer who knowingly violates a federal occupational safety and health standard, or regulation prescribed by such Act, that causes or contributes to the death of an employee. Subjects to certain increased criminal penalties a person who knowingly gives advance notice of any mine inspection with the intent to impede, interfere with, or adversely affect the results of such inspection. (Under current law, there is a strict liability standard for giving of such notice.) Adds criminal penalties for a knowing violation that causes or contributes to serious bodily harm to any employee but does not cause any employee's death. (Sec. 707) States that pre-final order interest on any penalties owed shall begin to accrue on the date a mine operator contests a citation, at an interest rate calculated at the current underpayment rate. (Sec. 708) Revises requirements for review of state occupational safety and health plans. (Sec. 709) Expands the list of persons who can request the Secretary to evaluate whether a substance, piece of equipment, or working condition in a place of employment has potentially toxic or hazardous effects. (Sec. 710) Authorizes the Director of NIOSH, acting through the Office of Mine Safety and Health, to enter into cooperative agreements with international institutions and private entities to improve mine safety and health through new interventions.

health act title additional inspection investigation authority sec amends federal_mine_safety_and_health_act act require secretary labor secretary conducting health safety related accident investigations coal mines determine accident occurred violations law mandatory health safety standards requirements issue citations penalties case violations cases involving possible criminal actions refer attorney general recommendations avoid recurrence requires independent accident investigation independent panel appointed secretary health_and_human_services hhs accident involving deaths severity scale merits independent investigation requires secretary secretary health_and_human_services hhs issue publicly memorandum understanding outlines administrative arrangements facilitate coordination efforts secretary panel investigations ensures panel participation secretary investigation including inspections interviews requires secretary establish procedures ensure consistency panel investigations authorizes appropriations requires secretary annual safety health report congress include status implementation recommendations received panel investigation preceding years sec authorizes secretary representatives attorneys question individual privately inspection investigation individual willing speak provide statement representatives attorneys presence involvement knowledge operator operator agents attorneys requires secretary identity individuals providing statements confidential extent permitted law sec allows closest relative miner entrapped prevented accident designate representative miner participate inspection sec requires inspections conducted shifts days week miners normally present directs secretary request operator review appropriate officials secretary recent evaluation pattern violation status course regular inspection secretary discretion pre inspection conference requires operators independent contractors records occupational injuries illnesses miners report annually secretary appropriate state agency repeals requirement authorized representative secretary physically present issue safety order event accident prohibits attorney representing operator miner inspection investigation litigation miner knowingly waives possible conflicts interest title sec requires secretary certain action operators having pattern recurring citations withdrawal orders accidents injuries illnesses including notify operator pattern status issue order require persons withdrawn issue remediation order days require number regular inspections increased year pattern status authorizes secretary cite mitigating circumstances deem pattern status qualify pattern status operator implemented remedial measures reduced risks health safety miners point risks longer elevated taken sufficient measures ensure elevated risk specifies performance benchmarks met require removal pattern status directs secretary establish publicly available searchable electronic database containing information determine pattern status coal mines requires secretary assess collect fees mines pattern status costs additional inspections authorizes appropriations sec authorizes secretary institute civil action injunctive relief district court operator engages course conduct constitutes continuing hazard health safety miners sec requires secretary revoke approval operator plans programs based certain criteria authorizes secretary event order withdrawal persons area prohibit entering area operator submits secretary approves new plan sec requires courts affirm secretary decision approve modify revoke plan decision found arbitrary capricious abuse discretion accordance law sec directs comptroller general report congress timeliness safety_and_health_administration approval underground coal plans plan amendments including factors contribute delay plan approval recommendations improving timeliness plan review title iii penalties sec doubles civil penalty operators pattern status fail meet certain performance benchmarks requires secretary propose commission assess civil penalty operators violations certain discrimination prohibitions year period sec revises civil criminal liability directors officers agents operator knowingly authorize order carry policy practice results violation health safety standard refusal comply order sec changes criminal intent standard required violations mandatory health safety standards willful knowing increases civil penalty subsequent convictions repeated violations subjects certain criminal penalties operators knowingly expose miners significant risk injury illness death tamper disable safety device exposes miners significant risk injury illness death subjects certain criminal penalties operators knowingly discriminate person provided secretary state local safety health official law enforcement officer evidence health safety violations unsafe conditions practices revises elements criminal offense knowingly giving advance notice inspection intent impede interfere adversely affect results inspection requires operator post conspicuous place notice stating giving advance notice unlawful maximum penalties violation requirements sec prescribes requirements commission assessment penalties following review citations proposed penalty assessments permission assess penalty proposed extraordinary circumstances sec states pre final order interest penalties owed shall begin accrue date operator contests citation including violation mandatory health safety standard regulation promulgated act interest rate calculated current underpayment rate prescribes administrative actions event operator fails pay civil penalty assessment including delinquency letters withdrawal orders title worker rights protections sec revises certain miner protections discrimination prohibits discriminating miner employee operator refusing perform duties good faith reasonable belief performing duties pose safety health hazard sec revises entitlement miner specified compensation operator certain periods miner idled secretary withdrawal order current law miners entitled compensation balance shift hours working shift order terminated entitles miners idled withdrawal order compensation operator regular rates pay accordance regular schedules pay entire period idled days applies compensation entitlement occasions operator closes anticipation withdrawal order excepts pay requirement operator promptly withdraws miners discovery hazard timely notifies secretary required extends entitlement pay regular rates entire withdrawal order period addition compensation earned miners withdrawn operator complied order instead violated failed refused comply requires secretary order subject withdrawal order reopened closed compensation paid certain date sec prohibits underground coal operator years placed pattern status discharging constructively discharging miner paid hourly basis reasonable job related grounds based certain failures perform job duties satisfactorily miner completed employer probationary period months allows miner aggrieved violation prohibition file complaint federal district court reinstatement compensatory damages title modernizing health safety standards sec requires underground coal operator implement communication program ensure miner entering orally briefed aware traveling arriving miner work area commencing assigned tasks current conditions especially hazardous sec prescribes additional requirements monitoring coal dust underground mines sec requires director national_institute_for_occupational_safety_and_health niosh acting office_of_mine_safety_and_health_research issue recommendations secretary use atmospheric monitoring systems underground coal mining industry sec directs secretary promulgate final regulations require operators use environmental controls miners maximum feasible protection respirable dust including coal silica dust sec revises operator health safety training program requirements increases minimum number hours refresher training miners receive months including hour training miners statutory rights responsibilities requires health safety training programs include distribution information miners miners rights durable card containing toll free hotline telephone number report miner complaints hazardous conditions discrimination safety health violations concerns sec requires secretary order operator provide additional training miners fatal accident occurred experienced average accident injury rates citations withdrawal orders sec requires secretary issue mandatory standards establish certification requirements procedures persons authorized operator perform duties provide training act requires secretary assess collect fees operators fund certification programs authorizes appropriations title sec authorizes secretary grants states assist developing implementing miner certification programs increases authorization appropriations assistance states cover grants sec amends black lung benefits act require operator deliver days complete copy examining physician report miner required submit medical examination sec exempts amendments act surface mines surface facilities impoundments physically connected underground coal mines underground mines underground mines coal mines mines title vii amendments occupational_safety_and_health_act sec amends occupational_safety_and_health_act revise certain employee protections discrimination prohibits discriminating employee refusing perform duties good faith reasonable belief performing duties pose safety health hazard prescribes procedures filing complaint investigating providing relief discharge disciplining discrimination settlement complaint sec prescribes employee victim rights secretary occupational_safety_and_health_review_commission respect inspections investigations employer violations federal occupational safety health standards work related bodily injury death sec prescribes administrative requirements employer correction willful repeated violation federal occupational safety health standards pending contest procedures stay sec increases civil penalties violations sec subjects certain increased criminal penalties employer knowingly violates federal occupational safety health standard regulation prescribed act causes contributes death employee subjects certain increased criminal penalties person knowingly gives advance notice inspection intent impede interfere adversely affect results inspection current law strict liability standard giving notice adds criminal penalties knowing violation causes contributes bodily harm employee cause employee death sec states pre final order interest penalties owed shall begin accrue date operator contests citation interest rate calculated current underpayment rate sec revises requirements review state occupational safety health plans sec expands list persons request secretary evaluate substance piece equipment working condition place employment potentially toxic hazardous effects sec authorizes director niosh acting enter cooperative agreements international institutions private entities improve safety health new interventions


Summary: Mine Worker Safety Hotline Accessibility Act - Amends the Federal Mine Safety and Health Act of 1977 to require: (1) the Secretary of Labor to provide all coal and other mine operators plastic wallet cards, refrigerator magnets, and other similar devices containing the toll-free telephone number and appropriate website address of the national hazard reporting hotline; and (2) each operator to ensure that each miner and miner community receives such devices in order to facilitate the reporting of mine accidents, incidents, injuries, illnesses, possible violations of such Act or of mandatory health and safety standards or plans, or other mine safety and health concerns.

worker safety hotline accessibility act amends federal_mine_safety_and_health_act require secretary labor provide coal operators plastic cards magnets similar devices containing toll free telephone number appropriate website address national hazard reporting hotline operator ensure miner miner community receives devices order facilitate reporting accidents incidents injuries illnesses possible violations act mandatory health safety standards plans safety health concerns


Summary: Mine Safety Accountability and Improved Protection Act - Amends the Federal Mine Safety and Health Act of 1977 to establish an independent National Mine Safety Board, which shall conduct an independent investigation of any coal or other mine accident involving three or more deaths. Allows the closest relative of a miner who is entrapped or otherwise prevented by an accident to designate a representative for the miner to participate in a mine inspection. Requires mine inspections to be conducted during various shifts and days of the week when miners are normally present. Prohibits an attorney from representing both a mine operator and miner during an inspection, investigation, or litigation, unless such miner willfully waives all possible conflicts of interest. Requires the Secretary of Labor to issue regulations establishing certain criteria for determining whether to place a mine on pattern (of violation) status. Requires a numerical Safe Performance Index to be determined for each mine. Prescribes remediation requirements for mine operators having a pattern of recurring accidents, citations, and withdrawal orders. Establishes in the Treasury the Mines in Pattern Status Inspection Fund for deposit of fees collected from mines in pattern status for the costs of additional inspections. Requires the Secretary to: (1) revoke the approval of mine operator plans or programs based on certain criteria; and (2) provide the operator with a detailed explanation of the reasons approval was revoked. Prescribes a process for the Secretary's approval of proposed operator programs, plans, or plan revisions. Revises civil and criminal penalties and related administrative procedures. Grants an operator who has been issued a citation or order during an inspection the right to a review with a designated Conference Litigation Representative of the Secretary prior to the assessment of any penalty. Establishes a process for requesting a conference review. Revises certain miner protections against discrimination. Prohibits discriminating against a miner or other employee of a mine operator for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. Entitles a miner to full compensation by a mine operator at the regular rate of pay for the remainder of the current shift and the next eight hour shift for which the miner is idled because of a Secretary's withdrawal order. (Under current law, miners are entitled to full compensation only for the balance of their shift, and up to four hours of the next working shift if an order is not terminated beforehand.) Requires each underground coal mine operator to implement a communication program to ensure that each miner entering a mine is made aware, at the start of a shift, of current mine conditions. Prescribes additional requirements for the monitoring of coal dust in underground mines. Requires the Director of the National Institute for Occupational Safety and Health (NIOSH), acting through the Office of Mine Safety and Health Research, to issue recommendations to the Secretary regarding the use of atmospheric monitoring systems in the underground coal mining industry. Revises mine operator health and safety training program requirements. Increases from 8 to 9 the minimum number of hours of refresher training all miners must receive at least once every 12 months, including 1 hour of training on miners statutory rights and responsibilities. Requires the Secretary to order a mine operator to provide additional training to miners if a serious or fatal accident has occurred at a mine or it has experienced above-average accident and injury rates, citations, or withdrawal orders. Requires the Secretary to issue mandatory standards to establish certification requirements and procedures for persons authorized by a coal mine operator to perform duties or provide training under such Act. Establishes in the Treasury a Mine Safety and Health Certification Fund for deposit of operator fees to fund the certification program. Authorizes the Secretary to make grants to states to assist them in developing and implementing miner certification programs. Revises eligibility requirements for scholarships to eligible individuals enrolled at community colleges or other universities to increase the skilled workforce for both private sector coal mine operators and mine safety inspectors and other regulatory personnel for the Mine Safety and Health Administration. Repeals requirements for a minimum length of full-time employment in mining or mining-related activities. Directs the Secretary to require each mine inspector to receive a full week of training in addition to the training required before enactment of this Act.

improved protection act amends federal_mine_safety_and_health_act establish independent shall conduct independent investigation coal accident involving deaths allows closest relative miner entrapped prevented accident designate representative miner participate inspection requires inspections conducted shifts days week miners normally present prohibits attorney representing operator miner inspection investigation litigation miner willfully waives possible conflicts interest requires secretary labor issue regulations establishing certain criteria determining place pattern violation status requires numerical safe performance index determined prescribes remediation requirements operators having pattern recurring accidents citations withdrawal orders establishes treasury mines pattern status inspection fund deposit fees collected mines pattern status costs additional inspections requires secretary revoke approval operator plans programs based certain criteria provide operator detailed explanation reasons approval revoked prescribes process secretary approval proposed operator programs plans plan revisions revises civil criminal penalties related administrative procedures grants operator issued citation order inspection right review designated secretary prior assessment penalty establishes process requesting conference review revises certain miner protections discrimination prohibits discriminating miner employee operator refusing perform duties good faith reasonable belief performing duties pose safety health hazard entitles miner compensation operator regular rate pay remainder current shift hour shift miner idled secretary withdrawal order current law miners entitled compensation balance shift hours working shift order terminated requires underground coal operator implement communication program ensure miner entering aware start shift current conditions prescribes additional requirements monitoring coal dust underground mines requires director national_institute_for_occupational_safety_and_health niosh acting office_of_mine_safety_and_health_research issue recommendations secretary use atmospheric monitoring systems underground coal mining industry revises operator health safety training program requirements increases minimum number hours refresher training miners receive months including hour training miners statutory rights responsibilities requires secretary order operator provide additional training miners fatal accident occurred experienced average accident injury rates citations withdrawal orders requires secretary issue mandatory standards establish certification requirements procedures persons authorized coal operator perform duties provide training act establishes treasury safety health certification fund deposit operator fees fund certification program authorizes secretary grants states assist developing implementing miner certification programs revises eligibility requirements scholarships eligible individuals enrolled community colleges universities increase skilled workforce private sector coal operators safety inspectors regulatory personnel safety_and_health_administration repeals requirements minimum length time employment mining mining related activities directs secretary require inspector receive week training addition training required enactment act


Summary: Roadway Safety Training and Access Act of 2010 - Directs the Secretary of Transportation to make grants to one not-for-profit organization to develop a roadway safety training institute to deliver comprehensive and uniform roadway safety training to roadway workers across the United States.

roadway safety training access act directs secretary transportation grants profit organization develop roadway safety training institute deliver comprehensive uniform roadway safety training roadway workers united_states


Summary: EEOICPA Amendment Act of 2010 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health. Requires the Board to advise the Secretary of Labor, the Secretary of Energy (DOE), and the Secretary of Health and Human Services (HHS) on the review and approval of the site exposure matrix (SEM) used to determine the eligibility of DOE contractor employee claims for compensation for illnesses resulting from exposure to toxic substances. (The SEM is a Department of Labor database on the presence of toxic substances at DOE and Radiation Exposure Compensation Act [RECA] facilities, as well as of information on scientifically established links between toxic substances and illnesses.)

eeoicpa amendment act amends energy_employees_occupational_illness_compensation_program_act require president establish requires board advise secretary labor secretary energy doe secretary health_and_human_services hhs review approval site exposure matrix sem determine eligibility doe contractor employee claims compensation illnesses resulting exposure toxic substances sem department_of_labor database presence toxic substances doe radiation exposure compensation act facilities information scientifically established links toxic substances illnesses


Summary: Robert C. Byrd Mine Safety Protection Act of 2010 - Amends the Federal Mine Safety and Health Act of 1977 (this Act) to require the Secretary of Labor (Secretary), in conducting health and safety related accident investigations in coal or other mines, to: (1) determine why an accident occurred and whether there were violations of law, mandatory health and safety standards, or other requirements; (2) in cases involving violations of federal criminal law, refer them to the Attorney General; and (3) make recommendations to avoid any recurrence. Requires an independent accident investigation by an independent panel appointed by the Secretary of Health and Human Services (HHS) for any accident: (1) involving three or more deaths; or (2) whose severity or scale merits an independent investigation. Authorizes: (1) the Secretary's representatives and attorneys to question any individual privately during an inspection or investigation; and (2) any individual willing to speak with or provide a statement to such representatives or attorneys to do so without the presence, involvement, or knowledge of the mine operator or mine operator's agents or attorneys. Allows the closest relative of a miner who is entrapped or otherwise prevented by an accident to designate a representative for the miner to participate in a mine inspection. Requires mine inspections to be conducted during various shifts and days of the week when miners are normally present. Directs the Secretary, upon the request of the mine operator, to review with appropriate mine officials the Secretary's most recent evaluation for pattern (of violation) status during the course of a regular mine inspection, or at the Secretary's discretion, during the pre-inspection conference. Prohibits an attorney from representing both a mine operator and miner during an inspection, investigation, or litigation, unless such miner knowingly waives all possible conflicts of interest. Prescribes requirements for mine operators having a pattern of recurring citations, withdrawal orders, accidents, or injuries. Requires the Secretary to assess and collect fees from mines in pattern status for the costs of additional inspections. Requires the Secretary to: (1) revoke the approval of mine operator plans or programs based on certain criteria; and (2) order withdrawal of all persons from a mine or mine area, and prohibit them from entering it, until the operator submits and the Secretary approves a new plan. Revises civil and criminal penalties and related administrative procedures. Revises certain miner protections against discrimination. Prohibits discriminating against a miner or other employee of a mine operator for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. Entitles a miner to full compensation by a mine operator at the regular rate of pay for the entire period (not to exceed 60 days) for which the miner is idled because of a Secretary's withdrawal order. (Under current law, miners are entitled to full compensation only for the time that they are idled, or for one week, whichever is the lesser, after all interested parties are given an opportunity for a public hearing and after such order is final.) Prohibits an underground coal mine operator whose mine has been in pattern status for three years from discharging (or constructively discharging) a miner paid on an hourly basis without reasonable job-related grounds based on certain failures to perform job duties satisfactorily if the miner has completed the employer's probationary period of up to six months. Allows a miner aggrieved by violation of this prohibition to file a complaint in federal district court for reinstatement and compensatory damages. Requires each underground coal mine operator to implement a communication program to ensure that each miner is orally briefed on and made aware of current mine conditions before traveling to or arriving at the mine work area and commencing assigned tasks. Prescribes additional requirements for the monitoring of coal dust in underground mines. Requires the Director of the National Institute for Occupational Safety and Health (NIOSH), acting through the Office of Mine Safety and Health Research, to issue recommendations to the Secretary regarding the use of atmospheric monitoring systems in the underground coal mining industry. Revises mine operator health and safety training program requirements. Increases from 8 to 9 the minimum number of hours of refresher training all miners must receive at least once every 12 months, including 1 hour of training on miners statutory rights and responsibilities. Requires such training programs to include distribution of miners' rights as well as a toll-free hotline telephone number. Requires the Secretary to order a mine operator to provide additional training to miners if a serious or fatal accident has occurred at a mine or it has experienced above-average accident and injury rates, citations, or withdrawal orders. Requires the Secretary to issue mandatory standards to establish certification requirements and procedures for persons authorized by a mine operator to perform duties or provide training under such Act. Authorizes the Secretary to make grants to states to assist them in developing and implementing miner certification programs. Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination.

amends federal_mine_safety_and_health_act act require secretary labor secretary conducting health safety related accident investigations coal mines determine accident occurred violations law mandatory health safety standards requirements cases involving violations federal criminal law refer attorney general recommendations avoid recurrence requires independent accident investigation independent panel appointed secretary health_and_human_services hhs accident involving deaths severity scale merits independent investigation authorizes secretary representatives attorneys question individual privately inspection investigation individual willing speak provide statement representatives attorneys presence involvement knowledge operator operator agents attorneys allows closest relative miner entrapped prevented accident designate representative miner participate inspection requires inspections conducted shifts days week miners normally present directs secretary request operator review appropriate officials secretary recent evaluation pattern violation status course regular inspection secretary discretion pre inspection conference prohibits attorney representing operator miner inspection investigation litigation miner knowingly waives possible conflicts interest prescribes requirements operators having pattern recurring citations withdrawal orders accidents injuries requires secretary assess collect fees mines pattern status costs additional inspections requires secretary revoke approval operator plans programs based certain criteria order withdrawal persons area prohibit entering operator submits secretary approves new plan revises civil criminal penalties related administrative procedures revises certain miner protections discrimination prohibits discriminating miner employee operator refusing perform duties good faith reasonable belief performing duties pose safety health hazard entitles miner compensation operator regular rate pay entire period exceed days miner idled secretary withdrawal order current law miners entitled compensation time idled week whichever lesser interested parties given opportunity public hearing order final prohibits underground coal operator pattern status years discharging constructively discharging miner paid hourly basis reasonable job related grounds based certain failures perform job duties satisfactorily miner completed employer probationary period months allows miner aggrieved violation prohibition file complaint federal district court reinstatement compensatory damages requires underground coal operator implement communication program ensure miner orally briefed aware current conditions traveling arriving work area commencing assigned tasks prescribes additional requirements monitoring coal dust underground mines requires director national_institute_for_occupational_safety_and_health niosh acting office_of_mine_safety_and_health_research issue recommendations secretary use atmospheric monitoring systems underground coal mining industry revises operator health safety training program requirements increases minimum number hours refresher training miners receive months including hour training miners statutory rights responsibilities requires training programs include distribution miners rights toll free hotline telephone number requires secretary order operator provide additional training miners fatal accident occurred experienced average accident injury rates citations withdrawal orders requires secretary issue mandatory standards establish certification requirements procedures persons authorized operator perform duties provide training act authorizes secretary grants states assist developing implementing miner certification programs amends black lung benefits act require operator deliver days complete copy examining physician report miner required submit medical examination


Summary: Longshore and Harbor Workers' Compensation Act Amendments of 2009 - Amends the Longshore and Harbor Workers' Compensation Act to declare that it is the intent of Congress that: (1) in a claim brought under such Act, the facts are not to be given a broad liberal construction in favor of the employee or of the employer; (2) the laws pertaining to the claim are to be construed in accordance with the basic principles of statutory construction and not liberally in favor of either the employee or employer; and (3) the system established under the Act shall be efficient and self-executing, but not an economic or administrative burden. Makes compensation under the Act payable regardless of fault as a cause of an injury (no-fault). Specifies requirements for proportional payment of compensation, the last employer doctrine, intervening employment, and noncontributing employment exposure. Prescribes criteria for the preemption of state law providing additional or alternative remedies for an injured employee, the employee's legal representative, spouse, next of kin, or anyone otherwise entitled to recover from an employer on account of an employee's injury or death. Revises requirements for physician selection. Allows a carrier to designate one or more participating networks or one or more health care panels, or both, to provide medical services to employees. Modifies the formula used to determine disability compensation, including for loss of hearing. Increases allowed funeral expenses. Revises requirements for: (1) determination of death compensation to survivors; (2) timing and recipients of a notice of such injury or death; (3) filing of claims; (4) date of payment of compensation; (5) assignment and exemption from the claims of creditors; (6) presumptions, burdens, and rules of evidence; (7) review of compensation orders; (8) modification of compensation awards for fraud or overpayment; (9) reports of fraud; and (10) payments into the special fund in the absence of an entitled survivor of an employee.

amends harbor workers compensation act declare intent congress claim brought act facts given broad liberal construction favor employee employer laws pertaining claim construed accordance basic principles statutory construction liberally favor employee employer system established act shall efficient self executing economic administrative burden makes compensation act payable regardless fault cause injury fault specifies requirements proportional payment compensation employer doctrine intervening employment employment exposure prescribes criteria preemption state law providing additional alternative remedies injured employee employee legal representative spouse kin entitled recover employer account employee injury death revises requirements physician selection allows carrier designate participating networks health care panels provide medical services employees modifies formula determine disability compensation including loss hearing increases allowed funeral expenses revises requirements determination death compensation survivors timing recipients notice injury death filing claims date payment compensation assignment exemption claims creditors presumptions burdens rules evidence review compensation orders modification compensation awards fraud overpayment reports fraud payments special fund absence entitled survivor employee


Summary: Commercial Fishermen Safety Act of 2009 - Amends the Internal Revenue Code to allow commercial fishermen a business-related tax credit for up to 75% of the cost of certain fishing safety equipment. Limits the annual amount of such credit to $1,500.

commercial fishermen safety act amends internal revenue code allow commercial fishermen business related tax credit cost certain fishing safety equipment limits annual credit


Summary: Santa Susana Fair Compensation Act - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within the meaning of the term member of the Special Exposure Cohort a Department of Energy (DOE) employee, DOE contractor employee, or atomic weapons employee who was so employed for a number of work days aggregating at least 250 work days before January 1, 2009, at the Santa Susana Field Laboratory in California. Provides that a claim that an individual qualifies for compensation or benefits under such Act shall be considered notwithstanding any denial of any other claim for compensation with respect to such individual.

santa fair compensation act amends energy_employees_occupational_illness_compensation_program_act include meaning term special exposure department_of_energy doe employee doe contractor employee atomic weapons employee employed number work days aggregating work days january santa field laboratory california provides claim individual qualifies compensation benefits act shall considered notwithstanding denial claim compensation respect individual


Summary: Dam Rehabilitation and Repair Act of 2009 - Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires FEMA to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%. Prohibits funds from being used to: (1) rehabilitate a federal dam; (2) perform routine operation or maintenance; (3) modify a dam to produce hydroelectric power; (4) increase water supply storage capacity; or (5) make any other modification that does not also improve safety. Conditions the receipt of grants by states upon compliance with specified requirements regarding contracts for architectural and engineering services. Provides that such contracts shall not be considered to confer a proprietary interest upon the United States.

dam rehabilitation repair act amends national_dam_safety_program_act require federal_emergency_management_agency fema establish program provide grant assistance states use rehabilitating publicly owned dams fail meet minimum safety standards pose unacceptable risk public deficient dams sets forth provisions procedures grant awards fund allocation develop risk based priority system identifying deficient dams grants limits federal share rehabilitation costs prohibits funds rehabilitate federal dam perform routine operation maintenance modify dam produce hydroelectric power increase water supply storage capacity modification improve safety conditions receipt grants states compliance specified requirements contracts architectural engineering services provides contracts shall considered confer proprietary interest united_states


Summary: Charlie Wolf Nuclear Workers Compensation Act - Amends the Radiation Exposure Compensation Act to expand the diseases for which individuals who were exposed to radiation from nuclear testing may claim compensation to include chronic lymphocytic leukemia, posterior subcapsular cataracts, nonmalignant thyroid nodular disease, parathyroid adenoma, malignant tumors of the brain and central nervous system, brochio-alveolar carcinoma, and benign neoplasms of the brain and central nervous system. Amends the Energy Employees Occupational Compensation Program Act of 2000 to expand the definition of "atomic weapons employee" to include an individual employed by a contractor or subcontractor of an atomic weapons employer for purposes of compensation under the Energy Employees Occupational Illness Compensation Program. Revises criteria used to determine established chronic beryllium disease compensable under the program. Expands the class of members of the Special Exposure Cohort to include any employee who is not covered by specified current requirements but was employed by the Department of Energy (DOE), or a DOE contractor or subcontractor, before January 1, 2006. Adds basal cell carcinoma and skin cancer to the list of compensable cancers. Changes the presumption for a finding of cancer compensable under the program to a standard of clear and convincing evidence that it was not sustained as a result of employment at the atomic weapons employer's facility. (Currently, a presumption for a finding of cancer will be made only if the cancer was at least as likely as not related to employment at the facility.) Requires that potential compensation claimants are given: (1) a list of physicians qualified to perform medical and impairment screenings; and (2) a written notice of benefits for which they may be eligible under the program. Requires site profiles (exposure assessments) of contaminated DOE facilities to identify: (1) by trade name (if any) any toxic substances or processes commonly used in such sites; and (2) the time frame during which the potential for exposure to toxic substances existed. Requires the Secretary of Labor to provide the public with site profiles and other information used to evaluate claims for compensation, as well as statistical data regarding the number of claims filed and the length of time to process them. Specifies covered illnesses to include all forms of cancer, silicosis, asbestosis, mesothelioma, lung fibrosis, chronic constructive pulmonary disease, chronic renal insufficiency, peripheral neuropathy, chronic encepathalopathy, occupational asthma, and pneumoconiosis. Replaces the current requirements for compensation to the survivors of a contractor employee to require payment to them of the compensation the deceased contractor employee would otherwise have been paid. Requires payment of the compensation, if no survivors exist, to a claimant's estate. Includes radiation and heavy metals, or a combination of them, as toxic substances exposure to which may cause a covered illness. Extends from 60 days to one year after an adverse decision the statute of limitation period for filing a petition for judicial review in federal district court of any denial of a compensation claim. Expands the duties of the Office of the Ombudsman in the Department of Labor to include: (1) assisting individuals in making claims; and (2) functioning as an advocate on behalf of individuals seeking benefits. Authorizes the Ombudsman to contract for expert services. Requires the promulgation of regulations for: (1) the direct payment to providers of the costs of personal care services and transportation expenses for claimants who receive medical benefits under the Act; (2) clear, concise, and easily understandable explanations of the claims process, including claim denials; and (3) the retention of records in DOE and the Department of Labor that might be used by claimants in the claims process. Requires claimants under the Act 120 days to respond to a request for information from the Secretary of Labor.

radiation exposure compensation act expand diseases individuals exposed radiation nuclear testing claim compensation include chronic leukemia thyroid disease tumors brain central nervous system brain central nervous system amends expand definition atomic weapons employee include individual employed contractor subcontractor atomic weapons employer purposes compensation energy_employees_occupational_illness_compensation_program revises criteria determine established chronic beryllium disease compensable program expands class members special_exposure_cohort include employee covered specified current requirements employed department_of_energy doe doe contractor subcontractor january adds cell skin cancer list compensable cancers changes presumption finding cancer compensable program standard clear convincing evidence sustained result employment atomic weapons employer facility currently presumption finding cancer cancer likely related employment facility requires potential compensation claimants given list physicians qualified perform medical impairment screenings written notice benefits eligible program requires site profiles exposure assessments contaminated doe facilities identify trade toxic substances processes commonly sites time frame potential exposure toxic substances existed requires secretary labor provide public site profiles information evaluate claims compensation statistical data number claims filed length time process specifies covered illnesses include forms cancer mesothelioma lung fibrosis chronic constructive pulmonary disease chronic renal peripheral chronic occupational asthma pneumoconiosis replaces current requirements compensation survivors contractor employee require payment compensation deceased contractor employee paid requires payment compensation survivors exist claimant estate includes radiation heavy metals combination toxic substances exposure cause covered illness extends days year adverse decision statute limitation period filing petition judicial review federal district court denial compensation claim expands duties office_of_the_ombudsman department_of_labor include assisting individuals making claims functioning advocate behalf individuals seeking benefits authorizes ombudsman contract expert services requires promulgation regulations direct payment providers costs personal care services transportation expenses claimants receive medical benefits act clear concise easily understandable explanations claims process including claim denials retention records doe department_of_labor claimants claims process requires claimants act days respond request information secretary labor


Summary: Ed Walker Memorial Act for Improvements to the Energy Employees Occupational Illness Compensation Program - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the energy employees occupational illness compensation program. Directs the Secretary of Health and Human Services (HHS) to: (1) issue regulations for designating additional classes of employees, including those employed during a period of residual contamination, as members of the Special Exposure Cohort; and (2) determine whether workers employed at the Bethlehem Steel site in Lackawanna, New York, meet the requirements of this Act for membership in the Special Exposure Cohort. Requires the Secretary to provide a report to Congress identifying facilities at which classes of employees were employed that meet the requirements for membership in the Special Exposure Cohort, as well as the number of classes and the number of employees in each class.

memorial act improvements include certain nuclear weapons program workers special_exposure_cohort energy employees occupational illness compensation program directs secretary health_and_human_services hhs issue regulations designating additional classes employees including employed period residual contamination members special_exposure_cohort determine workers employed site new_york meet requirements act membership special_exposure_cohort requires secretary provide report congress identifying facilities classes employees employed meet requirements membership special_exposure_cohort number classes number employees class


Summary: Nurse and Health Care Worker Protection Act of 2009 - Requires the Secretary of Labor to propose a standard on safe patient handling and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering controls to lift patients and the elimination of manual lifting of patients through the use of mechanical devices, except where patient care may be compromised. Requires health care employers to: (1) develop and implement a safe patient handling and injury prevention plan; (2) provide their workers with training on safe patient handling and injury prevention; and (3) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to conduct unscheduled inspections to ensure compliance with safety standards. Allows health care workers to: (1) refuse to accept an assignment in a health care facility that violates safety standards or for which such worker has not received required training; and (2) file complaints against employers who violate this Act. Prohibits employers from taking adverse actions against any health care worker who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations. Authorizes health care workers who have been discharged, discriminated, or retaliated against in violation of this Act to bring legal action for reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and other damages. Requires the Secretary of Health and Human Services (HHS) to establish a grant program for purchasing safe patient handling and injury prevention equipment for health care facilities.

nurse act requires secretary labor propose standard safe patient handling injury prevention prevent musculoskeletal disorders direct care registered nurses health care workers requires use engineering controls lift patients elimination manual lifting patients use mechanical devices patient care compromised requires health care employers develop implement safe patient handling injury prevention plan provide workers training safe patient handling injury prevention post uniform notice explains standard procedures report patient handling related injuries requires secretary conduct unscheduled inspections ensure compliance safety standards allows health care workers refuse accept assignment health care facility violates safety standards worker received required training file complaints employers violate act prohibits employers taking adverse actions health care worker good faith reports violation participates investigation proceeding discusses violations authorizes health care workers discharged discriminated violation act bring legal action reinstatement reimbursement lost compensation attorneys fees court costs damages requires secretary health_and_human_services hhs establish grant program purchasing safe patient handling injury prevention equipment health care facilities


Summary: Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include as a member of the Special Exposure Cohort entitled to compensation with respect to chronic beryllium disease under the Energy Employees Occupational Illness Compensation Program any Department of Energy (DOE) employee or a DOE contractor or subcontractor employee who was employed for an aggregate number of at least 250 work days before January 1, 2009, at the Feed Materials Production Center (Fernald) or the Piqua Organic Moderated Reactor in Ohio. Requires any claim that an individual qualifies by reason of this Act for compensation or benefits to be considered for such compensation or benefits notwithstanding any denial of any other claim for compensation with respect to the individual.

amends energy_employees_occupational_illness_compensation_program_act include member special_exposure_cohort entitled compensation respect chronic beryllium disease energy_employees_occupational_illness_compensation_program department_of_energy doe employee doe contractor subcontractor employee employed aggregate number work days january ohio requires claim individual qualifies reason act compensation benefits considered compensation benefits notwithstanding denial claim compensation respect individual


Summary: Robert C. Byrd Mine and Workplace Safety and Health Act of 2010 - Amends the Federal Mine Safety and Health Act of 1977 (this Act) to require the Secretary of Labor (Secretary), in conducting health and safety related accident investigations in coal or other mines, to: (1) determine why an accident occurred and whether there were violations of law, mandatory health and safety standards, or other requirements; (2) issue citations and penalties in case of violations, and in cases involving possible criminal actions, refer them to the Attorney General; and (3) make recommendations to avoid any recurrence. Requires an independent accident investigation by an independent panel appointed by the Secretary of Health and Human Services (HHS) for any accident: (1) involving three or more deaths; or (2) whose severity or scale merits an independent investigation. Authorizes: (1) the Secretary's representatives and attorneys to question any individual privately during an inspection or investigation; and (2) any individual willing to speak with or provide a statement to such representatives or attorneys to do so without the presence, involvement, or knowledge of the mine operator or mine operator's agents or attorneys. Allows the closest relative of a miner who is entrapped or otherwise prevented by an accident to designate a representative for the miner to participate in a mine inspection. Requires mine inspections to be conducted during various shifts and days of the week when miners are normally present. Requires the Secretary to establish a publicly available electronic database containing the safety records of each mine. Prohibits an attorney from representing both a mine operator and miner during an inspection, investigation, or litigation, unless such miner knowingly waives all possible conflicts of interest. Prescribes requirements for mine operators having a pattern of recurring citations, withdrawal orders, accidents, injuries, or illnesses. Establishes in the Treasury the Mines in Pattern Status Inspection Fund for deposit of fees collected from mines in pattern (of violation) status for the costs of additional inspections. Requires the Secretary to: (1) revoke the approval of mine operator plans or programs based on certain criteria; and (2) order withdrawal of all persons from a mine, and prohibit them from entering it, until the operator submits and the Secretary approves a new plan. Revises civil and criminal penalties and related administrative procedures. Revises certain miner protections against discrimination. Prohibits discriminating against a miner or other employee of a mine operator for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. Entitles a miner to full compensation by a mine operator at the regular rate of pay for the entire period for which the miner is idled because of a Secretary's withdrawal order. (Under current law, miners are entitled to full compensation only for the balance of their shift, and up to four hours of the next working shift if an order is not terminated beforehand.) Requires each underground coal mine operator to implement a communication program to ensure that each miner entering a mine is made aware, at the start of a shift, of current mine conditions. Prescribes additional requirements for the monitoring of coal dust in underground mines. Requires the Director of the National Institute for Occupational Safety and Health (NIOSH), acting through the Office of Mine Safety and Health Research, to issue recommendations to the Secretary regarding the use of atmospheric monitoring systems in the underground coal mining industry. Revises mine operator health and safety training program requirements. Increases from 8 to 9 the minimum number of hours of refresher training all miners must receive at least once every 12 months, including 1 hour of training on miners statutory rights and responsibilities. Requires the Secretary to order a mine operator to provide additional training to miners if a serious or fatal accident has occurred at a mine or it has experienced above-average accident and injury rates, citations, or withdrawal orders. Requires the Secretary to issue mandatory standards to establish certification requirements and procedures for persons authorized by a mine operator to perform duties or provide training under such Act. Authorizes the Secretary to make grants to states to assist them in developing and implementing miner certification programs. Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination. Requires the Comptroller General to study and report to Congress on the workforce needs of the mining industry and federal and state enforcement agencies, including the need for engineers and mine safety and health professionals. Requires the Secretary, acting through the Assistant Secretary of Labor for Mine Safety and Health, to submit to the Director of the Office of Management and Budget (OMB) and to Congress, and post on the Mine Safety and Health Administration's website, a five-year strategic plan for program activities, as well as an annual performance plan. Amends the Occupational Safety and Health Act of 1970 to revise certain employee protections against discrimination. Prescribes an employee's victim rights before the Secretary or before the Occupational Safety and Health Review Commission with respect to: (1) inspections or investigations of employer violations of federal occupational safety and health standards; or (2) a work-related bodily injury or death. Prescribes administrative requirements for an employer's correction of a serious, willful, or repeated violation of federal occupational safety and health standards pending contest and procedures for a stay. Increases civil penalties for such violations. Subjects to certain increased criminal penalties an employer who knowingly violates a federal occupational safety and health standard, or regulation prescribed by such Act, that causes or contributes to the death of an employee. Adds penalties for a knowing violation that causes or contributes to serious bodily harm to any employee but does not cause any employee's death.

health act amends federal_mine_safety_and_health_act act require secretary labor secretary conducting health safety related accident investigations coal mines determine accident occurred violations law mandatory health safety standards requirements issue citations penalties case violations cases involving possible criminal actions refer attorney general recommendations avoid recurrence requires independent accident investigation independent panel appointed secretary health_and_human_services hhs accident involving deaths severity scale merits independent investigation authorizes secretary representatives attorneys question individual privately inspection investigation individual willing speak provide statement representatives attorneys presence involvement knowledge operator operator agents attorneys allows closest relative miner entrapped prevented accident designate representative miner participate inspection requires inspections conducted shifts days week miners normally present requires secretary establish publicly available electronic database containing safety records prohibits attorney representing operator miner inspection investigation litigation miner knowingly waives possible conflicts interest prescribes requirements operators having pattern recurring citations withdrawal orders accidents injuries illnesses establishes treasury mines pattern status inspection fund deposit fees collected mines pattern violation status costs additional inspections requires secretary revoke approval operator plans programs based certain criteria order withdrawal persons prohibit entering operator submits secretary approves new plan revises civil criminal penalties related administrative procedures revises certain miner protections discrimination prohibits discriminating miner employee operator refusing perform duties good faith reasonable belief performing duties pose safety health hazard entitles miner compensation operator regular rate pay entire period miner idled secretary withdrawal order current law miners entitled compensation balance shift hours working shift order terminated requires underground coal operator implement communication program ensure miner entering aware start shift current conditions prescribes additional requirements monitoring coal dust underground mines requires director national_institute_for_occupational_safety_and_health niosh acting office_of_mine_safety_and_health_research issue recommendations secretary use atmospheric monitoring systems underground coal mining industry revises operator health safety training program requirements increases minimum number hours refresher training miners receive months including hour training miners statutory rights responsibilities requires secretary order operator provide additional training miners fatal accident occurred experienced average accident injury rates citations withdrawal orders requires secretary issue mandatory standards establish certification requirements procedures persons authorized operator perform duties provide training act authorizes secretary grants states assist developing implementing miner certification programs amends black lung benefits act require operator deliver days complete copy examining physician report miner required submit medical examination requires comptroller general study report congress workforce needs mining industry federal state enforcement agencies including need engineers safety health professionals requires secretary acting assistant secretary labor submit director office_of_management_and_budget omb congress post safety_and_health_administration website year strategic plan program activities annual performance plan amends occupational_safety_and_health_act revise certain employee protections discrimination prescribes employee victim rights secretary occupational_safety_and_health_review_commission respect inspections investigations employer violations federal occupational safety health standards work related bodily injury death prescribes administrative requirements employer correction willful repeated violation federal occupational safety health standards pending contest procedures stay increases civil penalties violations subjects certain increased criminal penalties employer knowingly violates federal occupational safety health standard regulation prescribed act causes contributes death employee adds penalties knowing violation causes contributes bodily harm employee cause employee death


Summary: Directs the Secretary of Labor to revise certain regulations under the Occupational Safety and Health Act of 1970 so as to require site-controlling employers to keep a site log for all recordable injuries and illnesses occurring among all employees on the particular site, whether such employees are employed directly by the site-controlling employer or are employed by contractors or temporary help or employee leasing services.

directs secretary labor revise certain regulations occupational_safety_and_health_act require site controlling employers site log recordable injuries illnesses occurring employees particular site employees employed directly site controlling employer employed contractors temporary help employee leasing services