On April 20, 2010, the Deepwater Horizon drilling rig exploded, killing 11 workers, injuring 17 others, and creating one of the largest oil spills in history. Chairman Miller has introduced legislation to make sure we better protect the health and safety of workers both on and off shore.
The Offshore Worker Whistleblower Protection Act (H.R. 5749):
The Offshore Worker Whistleblower Protection Act (H.R. 5749):
- Provides whistleblower and anti-retaliation protections to workers on the Outer Continental Shelf.
- Protects worker safety by improving federal agency coordination.
Provides Whistleblower and Anti-Retaliation Protections to Workers on the Outer Continental Shelf
Workers in inherently dangerous workplaces deserve basic just cause protections. Significant safety concerns were raised in several congressional hearings regarding the Deepwater Horizon tragedy, but workers felt that they could not speak out on problems for fear of losing their jobs. Just cause ensures the whistle blowing protections are meaningful so that workers feel more secure to speak up when they see hazards going unaddressed.
There is currently no federal law protecting offshore workers for blowing the whistle on worker health and safety problems.
The Offshore Worker Whistleblower Protection Act extends strong whistleblower and anti-retaliation protections to workers on the Outer Continental Shelf, whether as part of a drilling operation or a spill clean-up operation, prohibiting discrimination against employees who report violations or who refuse to work based on the good faith belief that the work could cause injury. In addition, it would require that offshore operators have reasonable job-related grounds to discharge or constructively discharge an offshore worker.
Specifically this provision would:
While the Occupational Safety and Health Administration, an agency of the Department of Labor, oversees workplace health and safety within three miles of the U.S. coastline, the United States Coast Guard has the authority to issue worker safety regulations for mobile offshore drilling units such as the Deepwater Horizon beyond the three mile zone. In addition, the Bureau of Ocean Energy (BOE), an agency of the Department of the Interior formerly known as the Mineral Management Service, covers safety for drilling equipment and industrial systems on drilling rigs.
The Offshore Worker Whistleblower Protection Act requires the Interior Department to seek a cooperative agreement with the Department of Labor to jointly educate and train inspectors of onshore and offshore oil and gas drilling or production platforms or rigs. It also requires consultation with, including written comment from, the Department of Labor when reviewing or promulgating regulations that relate to worker health and safety.
Workers in inherently dangerous workplaces deserve basic just cause protections. Significant safety concerns were raised in several congressional hearings regarding the Deepwater Horizon tragedy, but workers felt that they could not speak out on problems for fear of losing their jobs. Just cause ensures the whistle blowing protections are meaningful so that workers feel more secure to speak up when they see hazards going unaddressed.
There is currently no federal law protecting offshore workers for blowing the whistle on worker health and safety problems.
The Offshore Worker Whistleblower Protection Act extends strong whistleblower and anti-retaliation protections to workers on the Outer Continental Shelf, whether as part of a drilling operation or a spill clean-up operation, prohibiting discrimination against employees who report violations or who refuse to work based on the good faith belief that the work could cause injury. In addition, it would require that offshore operators have reasonable job-related grounds to discharge or constructively discharge an offshore worker.
Specifically this provision would:
- Prohibit an employer from discharging or otherwise discriminating against an employee who reports to the employer, the Federal Government or a State Attorney General that he or she believes the employer is violating the Outer Continental Shelf Lands Act (OCSLA).
- Protect covered employees who prepare and/or testify about the
alleged violation, refuse to work based on a good faith belief that the
work could cause injury or impairment, or refuse to perform in a manner
that they believe violates the OCSLA.
- Establish a process for an employee to appeal an employer’s retaliation by filing a complaint with the Secretary of Labor.
- Make an aggrieved employee eligible for reinstatement, back pay and compensatory and consequential damages.
- Require employers post a notice that explains employee rights and remedies under this Act and provide training to the employees of these rights on an annual basis.
- Finally, it requires that an operator show just cause for firing an offshore worker.
- If an employer retaliates against an hourly oil and gas worker without a legitimate business reason, a court can order the operator to reinstate and compensate the worker.
While the Occupational Safety and Health Administration, an agency of the Department of Labor, oversees workplace health and safety within three miles of the U.S. coastline, the United States Coast Guard has the authority to issue worker safety regulations for mobile offshore drilling units such as the Deepwater Horizon beyond the three mile zone. In addition, the Bureau of Ocean Energy (BOE), an agency of the Department of the Interior formerly known as the Mineral Management Service, covers safety for drilling equipment and industrial systems on drilling rigs.
The Offshore Worker Whistleblower Protection Act requires the Interior Department to seek a cooperative agreement with the Department of Labor to jointly educate and train inspectors of onshore and offshore oil and gas drilling or production platforms or rigs. It also requires consultation with, including written comment from, the Department of Labor when reviewing or promulgating regulations that relate to worker health and safety.
