; 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; or (B) to which the employer exposes any employee of the employer or any other person performing work at the place of employment; and