IN THE SENATE OF THE UNITED STATES
July 12, 2021
Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Armed Services
To ensure the safety of workers of contractors that serve and supply the Armed Forces and the accountable use of taxpayer dollars.
This Act may be cited as the
Improving Worker Safety in Contracting Act of 2021.
Department of Defense contractor workplace safety and accountability
Training and guidance
The Secretary of Defense shall develop and provide clear training and guidance to acquisition officials, contracting officers, and current and potential contractors on an annual basis regarding—
the authorities and requirements of Department of Defense officials to consider workplace safety and health information in the pre-award, award, and contract performance phases of the contracting process; and
the availability of relevant contractor safety information on the Occupational Health and Safety Administration (OSHA) website.
Comptroller General report
Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Department of Defense and the congressional defense committees a report on the health and safety records of Department of Defense contractors.
The report required under paragraph (1) shall include the following elements:
A description of the Department of Defense's existing procedures to evaluate the safety and health records of current and prospective contractors.
An evaluation of the Department's adherence to those procedures.
An assessment of the current incidence of health and safety violations by Department contractors.
An assessment of whether the Department of Labor has the resources to investigate and identify safety and health violations by Department of Defense contractors.
An assessment of whether the Department of Labor should consider assuming an expanded investigatory role or a targeted enforcement program for ensuring the safety and health of workers under Department of Defense contracts.
An evaluation of the training and guidance developed under subsection (a).
In this section:
The term covered contract means a Department of Defense contract for the procurement of property or services, including construction, valued in excess of $1,000,000.
The term covered subcontractor means a subcontractor listed in the bid for a covered contract or known by the Department of Defense to be a subcontractor of the offeror.
Consideration of safety performance in contracts
System for assigning safety performance ratings for certain contracts
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a system for assigning safety performance ratings for Department of Defense contracts in industries that have relatively high rates of occupational injuries, including manufacturing, construction, and ship building and repairing.
Ratings for completed contracts
Beginning in fiscal year 2023, Department of Defense contracting officials shall assess contractor safety performance at the time of contract completion in industries that have relatively high rates of occupational injuries.
Evaluation of safety performance records
Beginning in fiscal year 2023, Department of Defense contracting officials shall consider information about prospective contractors’ records of safety performance as a factor in awarding contracts in industries that have relatively high rates of occupational injuries.