Implementation and enforcement

(a) In general Except as otherwise provided by this section— (1) a worker heat protection standard shall have the same legal effect as an occupational safety and health standard as defined by section 3(8) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(8)); and (2) any rule, regulation, or order promulgated pursuant to this Act shall have the same legal effect as a rule, regulation, or order promulgated pursuant to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (b) Enforcement (1) Statute of limitations for citation No citation for any violation of section 2 or any standard, rule, regulation, or order pursuant to this Act may be issued under this section after the expiration of four years following the occurrence of any violation. (2) Review The Commission shall grant substantial deference to any reasonable interpretation by the Secretary of this Act or any standard, regulation, or order pursuant to this Act. (c) Recordkeeping and reporting (1) In general With regard to recordkeeping and reporting, the Secretary and Secretary of Health and Human Services shall have the same authority to prescribe regulations related to this Act as under section 8 of the Occupational Safety and Health Act (29 U.S.C. 657). (2) Consolidating requirements The Secretary may incorporate recordkeeping and reporting requirements under this section into existing recordkeeping and reporting requirements promulgated pursuant to section 8 of the Occupational Safety and Health Act (29 U.S.C. 657), provided that a violation of such a requirement with regard to implementation of this Act shall be enforced as a distinct violation separate and apart from any other simultaneous violation of a requirement pursuant to the Occupational Safety and Health Act. (d) Whistleblower protections (1) Complaint Any employee who believes that such employee has been discharged or otherwise discriminated against by any person in violation of section 11(c)(1) of the Occupational Safety and Health Act (29 U.S.C. 660(c)(1)) with regard to any matter under or related to this Act may, within 180 days after such violation occurs, file a complaint with the Secretary following the procedures in paragraph (2) of such section alleging such discrimination. (2) Action If the Secretary fails to notify the complainant of the Secretary’s determination on the complaint within 90 days pursuant to section 11(c)(3) of the Occupational Safety and Health Act (29 U.S.C. 660(c)(3)) or determines not to bring an action pursuant to paragraph (2) of such section, such employee may bring an action in any appropriate United States district court against such person for all appropriate relief in accordance with paragraph (2) of such section as well as reasonable attorney’s fees and costs.