Private right of action

(a) In general Any person aggrieved by the failure of a covered establishment to comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), including any regulation promulgated pursuant to such Act, or to comply with this subtitle may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties, or in any other court of competent jurisdiction. (b) Right of recovery In an action brought by any aggrieved person pursuant to this section, the person may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs of the action. (c) Action by the Secretary Any administrative enforcement by the Secretary shall not preclude the relief afforded by this section or otherwise deprive a court of jurisdiction.