of fatalities and significant incidents Section 8 of such Act ( 29 U.S.C. 657 ) is amended by adding at the end the following new subsection: (i) Investigation of fatalities and serious incidents (1) In general The Secretary shall investigate any significant incident or an incident resulting in death that occurs in a place of employment. (2) Evidence preservation If a significant incident or an incident resulting in death occurs in a place of employment, the employer shall promptly notify the Secretary of the incident involved and shall take appropriate measures to prevent the destruction or alteration of any evidence that would assist in investigating the incident. The appropriate measures required by this paragraph do not prevent an employer from taking action on a worksite to prevent injury to employees or substantial damage to property or to avoid disruption of essential services necessary to public safety, provided that if an employer takes such action, the employer shall notify the Secretary of the action in a timely fashion. (3) Definitions In this subsection: (A) Incident resulting in death The term incident resulting in death means an incident that results in the death of an employee. (B) Significant incident The term significant incident means an incident that results in the in-patient hospitalization of 2 or more employees for medical treatment. . 307. Prohibition on unclassified citations Section 9 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 658 ) is amended by adding at the end the following: (d) No citation for a violation of this Act may be issued, modified, or settled under this section without a designation enumerated in section 17 with respect to such violation. . 308. Victims’ rights The Occupational Safety and Health Act of 1970 is amended by inserting after section 9 ( 29 U.S.C. 658 ) the following: 9A. Victims' rights (a) Rights before the Secretary A victim or the representative of a victim, shall be afforded the right, with respect to an inspection or investigation