Labor & Employment Law Daily Wrap Up, SENATE NEWS—Protecting America’s Workers Act would overhaul OSH Act enforcement and coverage, (Apr 30, 2026)

By Patricia K. Ruiz, J.D.

Senator Sanders’s bill rewrites core provisions of the Occupational Safety and Health Act to expand jurisdiction, raise penalties, strengthen whistleblower remedies, and formalize rights for victims and families.

The Protecting America’s Workers Act, introduced by Sen. Bernie Sanders (I-VT) and Sen. Tammy Baldwin (D-WI), would make sweeping amendments to the Occupational Safety and Health Act of 1970, reshaping coverage, enforcement authority, worker protections, and employer liability. The legislation proposes expanded jurisdiction over public-sector workers, higher civil and criminal penalties for violations, and a significantly revised whistleblower framework. It also adds detailed procedural rights for workers, victims, and family members in OSHA inspections, investigations, and enforcement proceedings.

Coverage. The bill, titled the Protecting America’s Workers Act, would amend the OSH Act to extend coverage to public employees, including federal, state, and local government workers, by revising the statutory definition of “employer.” It also would add a new definition for “authorized employee representatives,” allowing individuals or organizations representing even a single employee to participate under the Act.

Whistleblower protections and procedures. The legislation would substantially rewrite Section 11(c) of the OSH Act to expand whistleblower protections and procedures. Covered protected activity would include reporting unsafe conditions or injuries, participating in federal or state safety-related proceedings, refusing to commit violations, and declining to perform work when an employee reasonably believes doing so would pose a serious safety or health risk. It would establish a detailed administrative process, including investigations, preliminary orders, de novo hearings before administrative law judges, administrative appeals, and judicial review, while prohibiting the waiver of these rights through arbitration or employment agreements.

Enforcement. Enforcement provisions would be broadened to mandate investigations of all workplace fatalities and certain serious incidents, require evidence preservation following such events, and prohibit employer practices that discourage injury reporting. The bill also would revise recordkeeping obligations, clarify that violations may continue until fully abated, and bar the issuance or settlement of unclassified citations.

Civil penalties. The Act would also significantly increase civil penalties for OSHA violations. For example, the maximum penalty for willful violations would rise to $700,000, with minimum penalties established for serious, other-than-serious, and failure-to-abate violations. Penalties would be subject to annual inflation adjustments, and interest would accrue on contested penalties. Criminal provisions would be expanded to authorize felony prosecution of employers, including officers and directors, when knowing violations cause death or serious bodily harm, with potential prison sentences of up to 10 or 20 years depending on prior convictions.

Victim and family rights. The bill also would create a new statutory section outlining rights for victims of workplace injuries and deaths and their families. These provisions include rights to meet with OSHA investigators, receive citations and reports, obtain notice of settlements and proceedings, and be heard before citations are withdrawn or modified. OSHA would be required to designate family liaisons at area offices to assist victims throughout investigations and enforcement actions.

Other provisions. Additional provisions address state occupational safety and health plans and would grant the U.S. Department of Labor expanded authority to conduct concurrent enforcement where state plans fail to meet federal standards and require periodic federal reviews of state effectiveness. The legislation sets staggered effective dates, with most provisions taking effect 90 days after enactment and extended timelines for state and public-sector compliance.

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