Sec. 308. Victims’ rights
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/bill/115/s/2621/is/section-308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Occupational Safety and Health Act of 1970 is amended by inserting after section 9 ( 29 U.S.C. 658 ) the following: A victim, or the representative of a victim, shall be afforded the right, with respect to an inspection or investigation conducted under section 8 to— meet with the Secretary regarding the inspection or investigation conducted under such section before the Secretary’s decision to issue a citation or take no action; receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, at the same time as the employer receives such citation or report; be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and be provided notification of the date and time or any proceedings, service of pleadings, and other relevant documents, and an explanation of the rights of the employer, employee and employee representative, and victim to participate in proceedings conducted under section 10(c).
Upon request, a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to— be notified of the time and date of any proceeding before the Commission; receive pleadings and any decisions relating to the proceedings; and be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission. Before entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section 8, the Secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations.
In lieu of an appearance, the victim or representative of the victim may elect to submit a letter to the Secretary and the parties. The Secretary shall establish procedures— to inform victims of their rights under this section; and for the informal review of any claim of a denial of such a right. The Commission shall— establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission.
The Secretary shall designate at least 1 employee at each area office of the Occupational Safety and Health Administration to serve as a family liaison to— keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and assist victims in asserting their rights under this section. In this section, the term victim means— an employee, including a former employee, who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim because of incapacity cannot reasonably exercise the rights under this section. .
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U.S. Code