Mr. Speaker, pursuant to House Resolution 1574, I call up the bill (H.R. 5851) to provide whistleblower protections to certain workers in the offshore oil and gas industry, and ask for its immediate consideration in the House. Mr. Speaker,…
Mr. Speaker, pursuant to House Resolution 1574, I call up the bill (H.R. 5851) to provide whistleblower protections to certain workers in the offshore oil and gas industry, and ask for its immediate consideration in the House.
Mr. Speaker, I ask unanimous consent that Members have 5 legislative days in which to revise and extend their remarks and submit extraneous material for the Record.
Mr. Speaker, the legislation before the House today closes a loophole in current law regarding the rights of workers to blow the whistle over unsafe conditions on offshore oil rigs.
As the Obama administration told Congress, individuals working on the Outer Continental Shelf, like on the Deepwater Horizon, shockingly have zero whistleblower protections. This is unconscionable. There is no good policy reason for treating onshore and offshore workers differently. This is because the whistleblower may be the only thing that's standing between a safe workplace and a catastrophe.
H.R. 5851, the Offshore Oil and Gas Worker Whistleblower Protection Act, will fix this glaring omission. Whether it is refineries, underground coal mines, or oil drilling rigs, our enforcement agencies cannot be at all workplaces at all times. That's why it's up to workers to be the eyes and the ears when these agencies can't.
While the precise cause of the British Petroleum Deepwater Horizon tragedy is still under investigation, two things are clear from the media reports and from the congressional hearings. First, workers on the rig had safety concerns prior to the tragedy. And second, workers believed that they would lose their job if they raised these safety concerns with management.
Not long before the Deepwater Horizon explosion, rig worker Jason Anderson told his wife that working conditions on the rig were not safe. He talked to her about getting his will and getting his affairs in order. But he wouldn't talk about his safety concerns when he was on the rig. He once told his wife he couldn't talk about the safety concerns because ``the walls are too thin.'' Jason did not survive the explosion. He perished, along with 10 others. He left behind a wife and two young children.
No worker should ever have to choose between his or her life and their livelihood, but that's a decision these workers face. As Deepwater Horizon worker Daniel Barron said, safety is only convenient for employers when they needed it. There was a lot of rhetoric that everybody had the right to call a timeout for safety, but when push comes to shove, if you called that timeout, Daniel Barron said, you're going to get fired.
Mr. Speaker, this bill is narrowly tailored and will protect offshore workers who call for a timeout for safety. It simply extends the whistleblower protections to workers engaged in oil and gas exploration, drilling, production, and oil spill cleanup on the Outer Continental Shelf. It mirrors other recently enacted whistleblower laws contained in the Consumer Product Safety Improvement Act and the Federal Railroad Safety Act.
Specifically, H.R. 5851 will prohibit discrimination against employees who report violations of the Outer Continental Shelf Lands Act. It protects workers who report injuries or unsafe conditions to an employer or the government, and protects workers who
refuse to perform on the assigned task when there is a reasonable belief of injury or spill. The bill will also require employers to post notice and provide training that explains these rights.
Finally, like other modern whistleblowing statutes, the bill provides for a fair process for resolving whistleblower complaints at the Department of Labor or through the courts if necessary. The Education and Labor Committee recently approved strong mine safety and OSHA reform bills that include nearly identical whistleblower protections.
I want to thank my colleague, Congressman Markey, and his staff for their work on this legislation, and Mr. Conyers and the Judiciary Committee for their constructive advice and suggestions.
I again want to thank Mr. Markey. He offered very similar whistleblower language in the Energy and Commerce Committee, and they reported that language out as part of a larger oil spill response bill 48-0.
I urge my colleagues to support the closing of this dangerous loophole and provide the protections for these workers. Workers in the oil and gas industry deserve a voice on safety issues regardless of whether or not they work onshore or offshore.
Committee on the Judiciary,
House of Representatives,
Washington, DC, July 29, 2010.
Hon. George Miller,
Chairman, Committee on Education and Labor, U.S. House of
Representatives, Washington, DC.
Dear Chairman Miller: This is to advise you that, as a
result of your having consulted with us on provisions in H.R.
5851, the Offshore Oil and Gas Worker Whistleblower
Protection Act of 2010, that fall within the rule X
jurisdiction of the Committee on the Judiciary, we are able
to agree to waive seeking a formal referral of the bill, in
order that it may proceed without delay to the House floor
for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 5851 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation, and that our
Committee will be appropriately consulted and involved as the
bill or similar legislation moves forward, so that we may
address any remaining issues in our jurisdiction. Our
Committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and
requests your support for any such request.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor. Thank you for your attention to this request,
and for the cooperative relationship between our two
committees.
Sincerely,
John Conyers, Jr.
Chairman.
I yield 4 minutes to the gentlewoman from California (Ms. Woolsey), the subcommittee chair on the Education and Labor Committee.
I yield 6 minutes to the gentleman from Massachusetts (Mr. Markey), a coauthor of this legislation and the author of the whistleblower protection provisions of the Energy and Commerce bill.
I yield the gentleman 2 additional minutes.
Will the gentleman yield?
I know how hard you worked to try to get the accurate figures of what the blowout meant in terms of volume of oil going into the gulf.
I just wonder, if we had had whistleblower protections and one of the employees at BP who knew what the real volume was as opposed to what the executives were telling the American people and the rest of the world, we might have had information sooner which would have allowed us to respond in a different fashion than we did when we had bad information because of the concealment of the accuracy of which we found when you finally got the cameras turned on.
I thank the gentleman.
I yield 3 minutes to the gentleman from New York (Mr. Engel).
I thank the gentleman.
Mr. Speaker, I yield 3 minutes to the gentlewoman from Texas (Ms. Jackson Lee).
Mr. Speaker and Members of the House, I hope that all of our colleagues on both sides of the aisle will support this Whistleblower Protection Act.
I hope that they understand that many, many thousands, millions of American workers work in work sites where every day they pose an inherent danger to those workers. The question of whether or not those workers will be safe or not very often is decided by the employer, who decides how they will structure the work site, what the work rules will be, and how the work and the process will proceed.
But very often those employers sometimes shortchange safety. They choose to pick production over the safety of their workers. They choose to pick cost cutting over safety of their workers.
They choose to pick hurrying up the job over the safety of their workers. They choose to pick getting certain parts of the job done and get them off-site over the safety of their workers.
In today's economy, and in every economy, for many of these workers, it's a terrible choice to think about if I raise my hand on behalf of safety, will I lose my job? If I raise a question about the process that we are about to engage in here and how dangerous it is, will I lose my job?
I represent a district where people work in these industries, in the chemical industry and the refining industry. You know what? We lose workers in those jobs all too often, and all too often we find out the mistakes that were made and we wonder. And even those workers, who are covered by whistleblower protection, know the trade-off.
Because, don't forget, all whistleblower protection does is give you a right to try to proceed to get your job back. Many times that's delayed and workers go months and months without pay because they had the courage to invoke their rights.
This Whistleblower Protection Act is consistent with the other Federal protections for workers throughout this country, but these workers today on the Outer Continental Shelf have no protection at all with respect to their personal safety, and we are simply filling that gap and making sure that they will have that right.
Now, many companies--and I have talked to the CEOs of some of these companies--say, you know, we give you the right at any time to pull the switch, to shut down the job, to stop it, if you think it's unsafe. One company gives out a card. You get a card and you put the card down. It's sort of like in the World Cup--you get a time-out.
Do you know what the supervisors tell the employees that card is? A get-fired card. Play that card, get fired. So the company says play this card any time you want, but the supervisors make it clear what the pressure is.
That's why we need this whistleblower protection for the workers on the Outer Continental Shelf. I have to believe, given the concerns that are documented in the hearings of this Congress, that had these workers had that kind of protection, there would have been a far greater chance that they would have said, wait a minute, because they had concerns about the procedure as they started to withdraw from this drill site. They had concerns about the condition of the rig. They had concerns about the overriding of safety alarms. Yet we saw the explosion and the tragedy and the loss of life of these workers.
Let's do something in their memory that will protect their colleagues on the Outer Continental Shelf. Let's pass this bill with large bipartisan support.
In the name of these workers, these workers who fell into a gap in the protection laws of this Nation, let's fill that gap. Let's provide them the protection, and let's make their death not be in vain with respect to their coworkers.
I ask for support of this legislation.
I yield back the balance of my time.