; or (B) a decision of the Secretary denying a petition to rescind such a certification notice under paragraph (1), may, not later than 60 days after such decision is published in the Federal Register, file a petition challenging such decision with the United States Court of Appeals for the circuit in which such person resides or such person has a principal place of business, for judicial review of such decision. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary’s decision shall be set aside if found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (4) Nothing in this Act shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq.). . II Increasing Whistleblower Protections 201. Enhanced protections from retaliation (a) Employee actions Section 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) ) is amended— (1) by striking discharge and all that follows through because such and inserting the following: discharge or cause to be discharged, or in any manner discriminate against or cause to be discriminated against, any employee because— (A) such ; (2) by striking this Act or has and inserting the following: this Act; (B) such employee has ; (3) by striking in any such proceeding or because of the exercise and inserting the following: before Congress or in any Federal or State proceeding related to safety or health; (C) such employee has refused to violate any provision of this Act; or (D) of the exercise