; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) Procedural Rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (16) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue (A) In general An employee of an employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of paragraph (1) or (2) by such employer with— (i) the Secretary under paragraph (5) ; or (ii) a State plan administrator in such State. (B) Referrals If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. . (d) Relation to enforcement Section 17(j) ( 29 U.S.C. 666(j) ) is amended by inserting before the period the following: , including the history of violations under section 11(c) . III Improving Reporting, Inspection, and Enforcement 301. General duty of employers Section 5 ( 29 U.S.C. 654(a)(1) ) is amended— (1) in subsection (a), by amending paragraph (1) to read as follows: (1) shall furnish employment and a place of employment that are free from recognized hazards— (A) that are causing or are likely to cause death or serious physical harm and that the employer creates or controls