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Legislation representing the most sweeping changes to the Occupational Safety and Health Act since the 1970s is advancing through Congress. The bill, the Robert C. Byrd Miner Safety and Health Act of 2010 (H.R. 5664/S. 3671), would significantly increase employer civil and criminal penalties for repeat and/or willful violations of the original act, strengthen whistleblower protections for employees, require the abatement of hazards during the citation contest period, and provide greater rights for victims of accidents and their family members to participate in violation proceedings.

The legislation also creates new standards for criminal liability, including felony criminal sanctions against “any company officer or director” for “knowing” violations. In late July, the House Education and Labor committee approved the U.S. Occupational Safety and Health Administration reform bill by a vote of 30-17. The full House of Representatives could vote on the bill this fall. Companion legislation was introduced in the Senate in July.