Pipeline Safety Improvement Act

PSIA

Pipeline Safety Improvement of 2002 (PSIA)
Public Law 107-355, Dec 17, 2002
49 USC Section 60129
SEC 6. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY INFORMATION.
(a) IN GENERAL- Chapter 601 is amended by adding at the end the following:
“Sec. 60129. Protection of employees providing pipeline safety information
(a) DISCRIMINATION AGAINST EMPLOYEE
(1) IN GENERAL- No employer may discharge any employee or otherwise discriminate
against any employee with respect to his compensation, terms, conditions, or
privileges of employment because the employee (or any person acting pursuant to a
request of the employee)-(A) provided, caused to be provided, or is about to provide or cause to be provided, to
the employer or the Federal Government information relating to any violation or
alleged violation of any order, regulation, or standard under this chapter or any
other Federal law relating to pipeline safety;
(B) refused to engage in any practice made unlawful by this chapter or any other
Federal law relating to pipeline safety, if the employee has identified the alleged
illegality to the employer;
(C) provided, caused to be provided, or is about to provide or cause to be provided,
testimony before Congress or at any Federal or State proceeding regarding any
provision (or proposed provision) of this chapter or any other Federal law relating
to pipeline safety;
(D) commenced, caused to be commenced, or is about to commence or cause to be
commenced a proceeding under this chapter or any other Federal law relating to
pipeline safety, or a proceeding for the administration or enforcement of any
requirement imposed under this chapter or any other Federal law relating to
pipeline safety;
(E) provided, caused to be provided, or is about to provide or cause to be provided,
testimony in any proceeding described in subparagraph (D); or
(F) assisted or participated or is about to assist or participate in any manner in such a
proceeding or in any other manner in such a proceeding or in any other action to
carry out the purposes of this chapter or any other Federal law relating to pipeline
safety.

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(2) EMPLOYER DEFINED- In this section, the term `employer' means-(A) a person owning or operating a pipeline facility; or
(B) a contractor or subcontractor of such a person.
(b) DEPARTMENT OF LABOR COMPLAINT PROCEDURE(1) FILING AND NOTIFICATION- A person who believes that he or she has been
discharged or otherwise discriminated against by any person in violation of subsection (a) may,
not later than 180 days after the date on which such violation occurs, file (or have any person file
on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing,
the person or persons named in the complaint and the Secretary of Transportation of the filing of
the complaint, of the allegations contained in the complaint, of the substance of evidence
supporting the complaint, and of the opportunities that will be afforded to such person or persons
under paragraph (2).
(2) INVESTIGATION; PRELIMINARY ORDER(A) IN GENERAL- Not later than 60 days after the date of receipt of a complaint
filed under paragraph (1) and after affording the person or persons named in the complaint an
opportunity to submit to the Secretary of Labor a written response to the complaint and an
opportunity to meet with a representative of the Secretary of Labor to present statements from
witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is
reasonable cause to believe that the complaint has merit and notify in writing the complainant
and the person or persons alleged to have committed a violation of subsection (a) of the
Secretary of Labor's findings. If the Secretary of Labor concludes that there is reasonable cause
to believe that a violation of subsection (a) has occurred, the Secretary of Labor shall include
with the Secretary of Labor's findings with a preliminary order providing the relief prescribed by
paragraph (3)(B). Not later than 60 days after the date of notification of findings under this
subparagraph, any person alleged to have committed a violation or the complainant may file
objections to the findings or preliminary order, or both, and request a hearing on the record. The
filing of such objections shall not operate to stay any reinstatement remedy contained in the
preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested
in such 60-day period, the preliminary order shall be deemed a final order that is not subject to
judicial review.
(B) REQUIREMENTS(i) REQUIRED SHOWING BY COMPLAINANT- The Secretary of Labor shall
dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise
required under subparagraph (A) unless the complainant makes a prima facie showing that any
behavior described in subsection (a) was a contributing factor in the unfavorable personnel
action alleged in the complaint.

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(ii) SHOWING BY EMPLOYER- Notwithstanding a finding by the Secretary of
Labor that the complainant has made the showing required under clause (i), no investigation
otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by
clear and convincing evidence, that the employer would have taken the same unfavorable
personnel action in the absence of that behavior.
(iii) CRITERIA FOR DETERMINATION BY SECRETARY- The Secretary of
Labor may determine that a violation of subsection (a) has occurred only if the complainant
demonstrates that any behavior described in subsection (a) was a contributing factor in the
unfavorable personnel action alleged in the complaint.
(iv) PROHIBITION- Relief may not be ordered under subparagraph (A) if the
employer demonstrates by clear and convincing evidence that the employer would have taken the
same unfavorable personnel action in the absence of that behavior.
(3) FINAL ORDER(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS- Not later than
90 days after the date of conclusion of a hearing under paragraph (2), the Secretary of Labor
shall issue a final order providing the relief prescribed by this paragraph or denying the
complaint. At any time before issuance of a final order, a proceeding under this subsection may
be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the
complainant, and the person or persons alleged to have committed the violation.
(B) REMEDY- If, in response to a complaint filed under paragraph (1), the Secretary
of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall
order the person or persons who committed such violation to-(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to his or her former position together with the
compensation (including back pay) and restore the terms, conditions, and privileges associated
with his or her employment; and
(iii) provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary of Labor, at the request of the
complainant, shall assess against the person or persons against whom the order is issued a sum
equal to the aggregate amount of all costs and expenses (including attorney's and expert witness
fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in
connection with, the bringing the complaint upon which the order was issued.
(C) FRIVOLOUS COMPLAINTS- If the Secretary of Labor finds that a complaint
under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may
award to the prevailing employer a reasonable attorney's fee not exceeding $1,000.

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(4) REVIEW(A) APPEAL TO COURT OF APPEALS- Any person adversely affected or
aggrieved by an order issued under paragraph (3) may obtain review of the order in the United
States Court of Appeals for the circuit in which the violation, with respect to which the order was
issued, allegedly occurred or the circuit in which the complainant resided on the date of such
violation. The petition for review must be filed not later than 60 days after the date of issuance of
the final order of the Secretary of Labor. Review shall conform to chapter 7 of title 5, United
States Code. The commencement of proceedings under this subparagraph shall not, unless
ordered by the court, operate as a stay of the order.
(B) LIMITATION ON COLLATERAL ATTACK- An order of the Secretary of
Labor with respect to which review could have been obtained under subparagraph (A) shall not
be subject to judicial review in any criminal or other civil proceeding.
(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR- Whenever any
person has failed to comply with an order issued under paragraph (3), the Secretary of Labor
may file a civil action in the United States district court for the district in which the violation was
found to occur to enforce such order. In actions brought under this paragraph, the district courts
shall have jurisdiction to grant all appropriate relief, including, but not to be limited to, injunctive
relief and compensatory damages.
(6) ENFORCEMENT OF ORDER BY PARTIES(A) COMMENCEMENT OF ACTION- A person on whose behalf an order was
issued under paragraph (3) may commence a civil action against the person or persons to whom
such order was issued to require compliance with such order. The appropriate United States
district court shall have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce such order.
(B) ATTORNEY FEES- The court, in issuing any final order under this paragraph,
may award costs of litigation (including reasonable attorney and expert witness fees) to any party
whenever the court determines such award of costs is appropriate.
(c) MANDAMUS- Any nondiscretionary duty imposed by this section shall be enforceable
in a mandamus proceeding brought under section 1361 of title 28, United States Code.
(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS- Subsection (a) shall not
apply with respect to an action of an employee of an employer who, acting without direction
from the employer (or such employer's agent), deliberately causes a violation of any requirement
relating to pipeline safety under this chapter or any other law of the United States.”
(b) CIVIL PENALTY- Section 60122(a) is amended by adding at the end the following:
“(3) A person violating section 60129, or an order issued thereunder, is liable to the
Government for a civil penalty of not more than $1,000 for each violation. The penalties

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provided by paragraph (1) do not apply to a violation of section 60129 or an order issued
thereunder.”
(c) CONFORMING AMENDMENT- The analysis for chapter 601 is amended by adding at the
end the following:
“60129. Protection of employees providing pipeline safety information.”

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