We treat our animals better than we treat our workers. Under current law, a person who maliciously kills or harasses a wild horse or burro on Federal land is subject to 1 year in prison, twice as long as the current penalty for willfully killing a worker.

What makes matters even worse is that there is no criminal penalty whatsoever for a willful violation that seriously injures a worker. The OSHA Criminal Penalty Reform Act is a first step toward correcting this appalling situation. It is a matter of simple justice.

I championed the effort last year to increase civil penalties for OSHA violations. But monetary fines, even at the increased levels, too often are written off as simply a cost of doing business. Let's face it, violators do not feel any shame by paying a fine, especially when it is paid from the corporate treasury. They still go to their clubs and they still are recognized with open arms notwithstanding the fact that they have been penalized.

By contrast, we know that the threat of incarceration makes potential violators think twice before willfully violating basic workplace health and safety standards. You are not welcomed back to your private club in the same manner when you've done time in a Federal prison. You cannot simply look your peers in the eye after you have spent some time behind bars for a Federal crime.

That is what this bill is all about. We need real criminal sanctions to have a credible deterrent. That deterrent will create safer workplaces which translate into fewer workplace deaths and injuries.

I will include a summary of the legislation in the record of this hearing.

[The bill, S. 445, and the summary follow:]

To amend the provisions of the Occupational Safety and Health Act of 1970 relating to criminal penalties, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 20 (legislative day, FEBRUARY 6), 1991

Mr. METZENBAUM (for himself, Mr. JEFFORDS, Mr. ADAMS, Mr. SIMON, Ms. MIKULSKI, Mr. HARKIN, Mr. KENNEDY, and Mr. DODD) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources

A BILL

To amend the provisions of the Occupational Safety and Health Act of 1970 relating to criminal penalties, and for other purposes.

1

Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4

This Act may be cited as the "OSHA Criminal Penalty

5 Reform Act".

6 SEC. 2. OSHA CRIMINAL PENALTIES.

7 (a) IN GENERAL.-Section 17 of the Occupational

8 Safety and Health Act of 1970 (29 U.S.C. 666) is 9 amended

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(1) in subsection (e)

(A) by striking "fine of not more than $10,000" and inserting "fine in accordance with

section 3571 of title 18, United States Code,";

(B) by striking "six months" and inserting "10 years";

(C) by striking "fine of not more than $20,000" and inserting "fine in accordance with section 3571 of title 18, United States Code,"; and

(D) by striking "one year" and inserting “20 years";

(2) in subsection (f), by striking "fine of not more than $1,000 or by imprisonment for not more than six months," and inserting "fine in accordance with section 3571 of title 18, United States Code, or by imprisonment for not more than 2 years,";

(3) in subsection (g), by striking "fine of not more than $10,000, or by imprisonment for not more than six months," and inserting "fine in accordance with

section 3571 of title 18, United States Code, or by im

prisonment for not more than 1 year,";

(4) by redesignating subsections (h) through (1) as subsections (i) through (m), respectively;

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(5) by inserting after subsection (g) the following

new subsection:

"(h) Any employer who willfully violates any standard,

4 rule, or order promulgated pursuant to section 6, or any reg5 ulation prescribed pursuant to this Act, and that violation 6 causes serious bodily injury to any employee but does not 7 cause death to any employee, shall, upon conviction, be pun8 ished by a fine in accordance with section 3571 of title 18, 9 United States Code, or by imprisonment for not more than 5 10 years, or by both, except that if the conviction is for a viola11 tion committed after a first conviction of such person, punish12 ment shall be by a fine in accordance with section 3571 of 13 title 18, United States Code, or by imprisonment for not 14 more than 10 years, or by both."; and

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(6) by adding at the end the following new subsection:

"(n) If a penalty or fine is imposed on a director, officer,

18 or agent of an employer under subsection (e), (f), (g), or (h), 19 such penalty or fine shall not be paid out of the assets of the 20 employer on behalf of that individual.".

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(b) DEFINITION.-Section 3 of such Act (29 U.S.C. 22 652) is amended by adding at the end the following new

23 paragraph:

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"(15) The term 'serious bodily injury' means bodily injury that involves—

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"(A) a substantial risk of death;

"(B) protracted unconsciousness;

"(C) protracted and obvious physical disfig

urement; or

"(D) protracted loss or impairment of the

function of a bodily member, organ, or mental fac

ulty.".

(c) JURISDICTION FOR PROSECUTION UNDER STATE

9 AND LOCAL CRIMINAL LAWS.-Section 17 of such Act (29 10 U.S.C. 666) (as amended by subsection (a) of this section) is 11 further amended by adding at the end the following new sub12 section:

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"(0) Nothing in this Act shall preclude State and local 14 law enforcement agencies from conducting criminal prosecu15 tions in accordance with the laws of such State or locality.".