No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4978 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4978
To provide for the protection of agricultural workers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Casar (for himself, Mr. Pocan, Ms. Adams, Ms. Barragan, Mr. Bowman,
Ms. Budzinski, Ms. Bush, Mr. Carson, Ms. Crockett, Mr. Deluzio, Mr.
Doggett, Mrs. Foushee, Mr. Frost, Mr. Garamendi, Mr. Robert Garcia of
California, Ms. Garcia of Texas, Ms. Norton, Ms. Jackson Lee, Mr.
Jackson of Illinois, Mr. Johnson of Georgia, Mr. McGovern, Ms. Ocasio-
Cortez, Ms. Sanchez, Mr. Thanedar, Ms. Tlaib, Mr. Vargas, Ms.
Velazquez, Ms. Jayapal, and Ms. Clarke of New York) introduced the
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committees on Education and the Workforce, Financial
Services, Oversight and Accountability, House Administration, and the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the protection of agricultural workers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Worker Justice Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FAIR USDA PROCUREMENT AND CONTRACTING
Sec. 101. Definitions.
Sec. 102. Food worker pay increase.
Sec. 103. Prohibition on stock buybacks while receiving USDA funds.
Sec. 104. Promotion of economic security and workplace accountability.
Sec. 105. Waiver to purchase foreign commodities or products.
Sec. 106. Authorization of local food purchase assistance cooperative
agreement program.
Sec. 107. Report regarding grant recipients.
TITLE II--PROTECTING AMERICA'S MEATPACKING WORKERS
Sec. 201. Findings.
Sec. 202. Definitions.
Subtitle A--Reforms to Protect Meat and Poultry Processing Workers
PART I--Department of Agriculture
Sec. 211. Rule on increased line speeds at meat and poultry
establishments.
PART II--Fair Attendance Policies
Sec. 221. Definitions.
Sec. 222. Requirements for employers relating to no fault attendance
policies or attendance systems.
Sec. 223. Remedies and enforcement.
Sec. 224. Rulemaking.
Sec. 225. Relationship to other laws.
PART III--Occupational Safety and Health Administration Reforms
Sec. 231. Definitions.
Sec. 232. Ensuring compliance with employee rights to use toilet
facilities at covered establishments.
Sec. 233. Occupational safety and health standards to protect employees
in covered establishments.
Sec. 234. Permanent regional emphasis inspection program; expanding
inspections.
Sec. 235. Representatives during physical inspections.
Sec. 236. Enhanced protections from retaliation.
Sec. 237. Regulations to restore a column on required records of work-
related musculoskeletal disorders.
Sec. 238. Funding for additional OSHA inspectors.
Sec. 239. OSHA reporting.
Sec. 240. Private right of action.
Sec. 241. Injunction proceedings.
PART IV--Savings Provision
Sec. 251. Savings provision.
Subtitle B--GAO Reports
Sec. 261. Review and report on racial and ethnic disparities in meat
and poultry processing.
TITLE I--FAIR USDA PROCUREMENT AND CONTRACTING
SEC. 101. DEFINITIONS.
In this title:
(1) Meat.--The term ``meat'' means meat (within the meaning
of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(2) Meat food product.--The term ``meat food product'' has
the meaning given the term in section 1 of the Federal Meat
Inspection Act (21 U.S.C. 601).
(3) Poultry; poultry product.--The terms ``poultry'' and
``poultry product'' have the meanings given those terms in
section 4 of the Poultry Products Inspection Act (21 U.S.C.
453).
(4) Processed food.--The term ``processed food'' has the
meaning given the term in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321).
SEC. 102. FOOD WORKER PAY INCREASE.
(a) Prevailing Rate.--The Secretary of Agriculture may not purchase
any meat, meat food product, poultry, poultry product, or processed
food produced by workers in the United States who are compensated at a
rate lower than the prevailing rate for wages and fringe benefits for
such workers in their locality.
(b) Prevailing Rate Determination.--The Secretary of Labor shall
determine the prevailing rates described in subsection (a) and, in
determining such rates, shall take into account any applicable existing
collective bargaining agreements in the locality.
(c) Collective Bargaining Agreement Supremacy.--A prevailing rate
established pursuant to this section shall not supersede the wages and
benefits of a worker agreed to in a collective bargaining agreement.
SEC. 103. PROHIBITION ON STOCK BUYBACKS WHILE RECEIVING USDA FUNDS.
(a) Definitions.--In this section:
(1) Equity security; exchange; issuer.--The terms ``equity
security'', ``exchange'', and ``issuer'' have the meanings
given the terms in section 3 of the Securities Exchange Act of
1934 (15 U.S.C. 78c).
(2) National security exchange.--The term ``national
securities exchange'' means an exchange registered under
section 6 of the Securities Exchange Act of 1934 (15 U.S.C.
78f).
(b) Prohibitions.--Notwithstanding any other provision of law,
during any period that an agricultural issuer has a contract or
receives funding from the Department of Agriculture, the agricultural
issuer may not--
(1) purchase an equity security of the issuer or any parent
company of the issuer on a national securities exchange; or
(2) pay dividends or other capital distributions on an
equity security of the issuer.
SEC. 104. PROMOTION OF ECONOMIC SECURITY AND WORKPLACE ACCOUNTABILITY.
(a) Required Disclosures.--The Secretary of Agriculture shall
require any entity that enters into a contract with the Department of
Agriculture on or after the date that is 2 years after the date of
enactment of this Act to disclose to the Secretary of Labor, on an
annual basis and to the best of the knowledge of the entity, whether,
within the preceding 3-year period, any administrative merits
determination, arbitral award or decision, or civil judgment, as
defined in regulations issued by the Secretary of Labor, has been
issued against the entity, or any subcontractor of the entity, for
violations of any of the following (including, as applicable, any
regulations issued under any of the following):
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
(3) The National Labor Relations Act (29 U.S.C. 151 et
seq.).
(4) Subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ``Davis-Bacon Act'').
(5) Chapter 67 of title 41, United States Code (commonly
known as the ``Service Contract Act'').
(6) Executive Order 11246 (42 U.S.C. 2000e note; relating
to equal employment opportunity).
(7) Section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793).
(8) Section 4212 of title 38, United States Code.
(9) The Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.).
(10) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(11) Title I of the Americans with Disabilities Act of 1990
(42 U.S.C. 12111 et seq.).
(12) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
(13) Executive Order 13658 (79 Fed. Reg. 9851; relating to
establishing a minimum wage for contractors).
(14) The Railway Labor Act (45 U.S.C. 151 et seq.).
(15) The Pregnant Workers Fairness Act (division II of the
Consolidated Appropriations Act, 2023 (Public Law 117-328)).
(16) Section 4714 of title 41, United States Code.
(17) Part 170 of title 40, Code of Federal Regulations
(regarding the Worker Protection Standard).
(18) Section 218 of the Immigration and Nationality Act (8
U.S.C. 1188) relating to protections for H-2A workers.
(19) Section 274B of such Act (8 U.S.C. 1324b).
(20) Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1801 et seq.).
(21) Any applicable State or local labor or employment law,
as defined in regulations issued by the Secretary of Labor.
(b) Consultation.--The Secretary of Labor shall be available, as
appropriate and in coordination as described in subsection (e), for
consultation with an entity described in subsection (a) to assist the
entity in evaluating the information on labor compliance submitted to
the entity by a subcontractor pursuant to such subsection.
(c) Corrective Measures.--On an annual basis, the Secretary of
Labor--
(1) shall provide an entity that makes a disclosure
pursuant to subsection (a) an opportunity to report any steps
taken by the entity, or any subcontractor of the entity, to
correct violations of or improve compliance with the laws,
including Executive orders, listed in such subsection,
including any agreements entered into with an enforcement
agency; and
(2) may negotiate with such entity corrective measures that
the entity or any subcontractor of the entity may take in order
to avoid having the entity placed on the list under subsection
(d).
(d) List of Ineligible Entities.--
(1) In general.--For each calendar year beginning with the
first calendar year that begins after the date that is 2 years
after the date of enactment of this Act, the Secretary of
Labor, in coordination as described in subsection (e), shall
prepare, and submit to the Secretary of Agriculture, a list of
each entity that shall be ineligible for a contract with the
Department of Agriculture for that year based on--
(A) serious, repeated, or pervasive violations of
the laws, including Executive orders, listed under
subsection (a) committed by the entity or any
subcontractor of the entity; or
(B) the failure of such entity, or any
subcontractor of such entity, to complete any
corrective measure negotiated under subsection (c).
(2) Ineligibility.--The Secretary of Agriculture shall
not--
(A) solicit a contract from any entity on the list
under paragraph (1) that is in effect for a year for
that year or any of the subsequent 4 years; and
(B) conduct an inspection pursuant to the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.) or the
Poultry Products Inspection Act (21 U.S.C. 451 et
seq.), as applicable, of any facility owned or
controlled by an entity on the list under paragraph (1)
that is in effect for a year for that year or for any
of the subsequent 4 years.
(e) Coordination.--In providing the consultation described in
subsection (b) and preparing the list under subsection (d), the
Secretary of Labor shall coordinate, as appropriate, with the National
Labor Relations Board, the Equal Employment Opportunity Commission, the
Environmental Protection Agency, and any other relevant Federal agency
as well as States, and local governments.
(f) Criminal Penalty for Failure To Report.--
(1) Offense.--It shall be unlawful for an entity to
knowingly fail to make a disclosure required under subsection
(a).
(2) Penalty.--
(A) In general.--A violation of paragraph (1) shall
be treated as a violation of section 1031(a) of title
18, United States Code.
(B) Gross loss to government; gross gain to
defendant.--For purposes of applying section 1031 of
title 18, United States Code, to a violation of
paragraph (1) of this subsection, the amount that the
Department of Agriculture pays an entity that violates
such paragraph (1) under a contract described in
subsection (a) of this section shall be treated as the
gross loss to the Government or the gross gain to the
defendant.
(g) Annual Reports to Congress.--For each calendar year beginning
with the first calendar year that begins after the date that is 2 years
after the date of enactment of this Act, the Secretary of Agriculture
shall submit a report to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of the House of
Representatives that includes--
(1) the number of entities on the list under subsection (d)
for the year of the report;
(2) the number of entities that agreed to take corrective
measures under subsection (c) for such year;
(3) the amount of the applicable contracts for the entities
described in paragraph (1) or (2); and
(4) performance indicators and measures, as determined by
the Secretary of Agriculture, assessing the effectiveness of
the implementation by the Secretary of Agriculture of this
section for such year.
SEC. 105. WAIVER TO PURCHASE FOREIGN COMMODITIES OR PRODUCTS.
(a) In General.--Section 12(n)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(n)(2)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)'';
(2) in subparagraph (B)(ii), by striking ``for the school
lunch program under this Act or the school breakfast program
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).'' and inserting the following: ``for--
``(I) the school lunch program
under this Act, including any snacks
served under that program;
``(II) the special milk program
under section 3 of the Child Nutrition
Act of 1966 (42 U.S.C. 1772); or
``(III) the school breakfast
program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C.
1773).''; and
(3) by adding at the end the following:
``(C) Waiver.--
``(i) Waiver request.--Except as provided
in clause (ii), in order to purchase foreign
commodities or products, a school food
authority shall request from the Secretary a
waiver of subparagraph (A).
``(ii) Exception.--A school food authority
may purchase foreign commodities or products
without a waiver under clause (i) if the
commodities or products are not--
``(I) produced domestically; or
``(II) available domestically.
``(iii) Requirements.--The Secretary may
not provide a waiver to purchase foreign
commodities or products under clause (i)
unless--
``(I) the commodities or products--
``(aa) are not produced
domestically in sufficient
amounts or of satisfactory
quality; and
``(bb) if purchased
domestically, would be
significantly higher in price
than such foreign commodities
or products; and
``(II) the school enters into an
agreement under clause (iv).
``(iv) Agreement.--The Secretary may not
provide a waiver under clause (i) unless the
school food authority requesting the waiver
agrees--
``(I) not later than 30 days after
receiving the waiver, to make the
waiver publicly available on the
website of the school food authority;
and
``(II) not less than once each
school year, to email a notification of
all waivers to parents or guardians of
students who will be served the foreign
commodity or product purchased pursuant
to any waivers.''.
(b) Definition of Foreign Commodity.--Section 12(n) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1760(n)) is amended by
striking paragraph (1) and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Domestic commodity or product.--The term
`domestic commodity or product' means--
``(i) an agricultural commodity that is
produced in the United States; and
``(ii) a food product that is processed in
the United States substantially using
agricultural commodities that are produced in
the United States.
``(B) Foreign commodity or product.--The term
`foreign commodity or product' means a commodity or
product other than a domestic commodity or product.''.
(c) Conforming Amendments.--Section 12(n) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(n)) is amended--
(1) in paragraph (3), by striking ``Paragraph (2)(A)'' and
inserting ``Subparagraphs (A) and (C) of paragraph (2)''; and
(2) in paragraph (4), by striking ``Paragraph (2)(A)'' and
inserting ``Subparagraphs (A) and (C) of paragraph (2)''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section affects the requirements under section
4207 of the Agriculture Improvement Act of 2018 (42 U.S.C. 1760 note;
Public Law 115-334).
SEC. 106. AUTHORIZATION OF LOCAL FOOD PURCHASE ASSISTANCE COOPERATIVE
AGREEMENT PROGRAM.
There is authorized to be appropriated to carry out the local food
purchase assistance cooperative agreement program established pursuant
to section 1001 of the American Rescue Plan Act of 2021 (7 U.S.C. 7501
note; Public Law 117-2) $400,000,000 for fiscal year 2024 and each
fiscal year thereafter.
SEC. 107. REPORT REGARDING GRANT RECIPIENTS.
Not later than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary of Agriculture shall submit to
Congress and make publicly available on the website of the Department
of Agriculture an easily-navigable report that, with respect to the
preceding year, specifies each organization, farm, individual, or other
entity that received funding (including through a contract,
subcontract, subsidy, loan, or grant) from the Secretary of Agriculture
during that year.
TITLE II--PROTECTING AMERICA'S MEATPACKING WORKERS
SEC. 201. FINDINGS.
Congress finds that--
(1) meat and poultry slaughter and processing is a
particularly dangerous occupation, with meat and poultry
processing workers suffering injuries at measurably higher
rates than workers in other private sector industries;
(2) meat and poultry processing workers face double the
rate of amputations as the average worker in private industry,
and injuries such as sprains, lacerations, and contusions are
common among poultry workers;
(3) meat and poultry processing workers suffer from
musculoskeletal injuries, such as carpal tunnel syndrome,
``trigger finger'', tendinitis, rotator cuff injuries, lower
back injuries, and chronic pain and numbness, in numbers that
can exceed 50 percent of workers;
(4) higher line speeds in meat and poultry processing
facilities is a recognized risk factor that leads to increased
risk of both laceration and musculoskeletal injuries; and
(5) meat and poultry processing workers are subjected to
exploitative conditions and abusive behavior by employers--
(A) including--
(i) use of abusive and humiliating shouting
by supervisors accusing workers of not working
fast enough and harassing them to work
``faster'' and ``harder'';
(ii) use of sexualized language to harass
women workers to work ``harder'' and
``faster'';
(iii) patterns of direct sexual harassment
and incidents of sexual assault; and
(iv) little or no accountability or redress
for emotional, sexualized, or psychological
abuse due to--
(I) weak enforcement of, and
noncompliance with, discrimination
protections; and
(II) meat and poultry processing
workers not reporting the abuse due to
fear of receiving more abuse, having
their employment terminated, or being
reported to immigration enforcement;
and
(B) that lead to long-term psychological impacts,
including increased feelings of anger and stress by
workers pressured to work faster and more aggressively
to slaughter animals on killing lines.
SEC. 202. DEFINITIONS.
In this title:
(1) Covered establishment.--The term ``covered
establishment'' means--
(A) an official establishment (as defined in
section 301.2 of title 9, Code of Federal Regulations
(or successor regulations)) that is subject to
inspection under the Federal Meat Inspection Act (21
U.S.C. 601 et seq.); and
(B) an official establishment (as defined in
section 381.1(b) of title 9, Code of Federal
Regulations (or successor regulations)) that is subject
to inspection under the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.).
(2) Employee; employer.--Unless otherwise specified, the
terms ``employee'' and ``employer'' have the meanings given
those terms in section 3 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 652).
Subtitle A--Reforms to Protect Meat and Poultry Processing Workers
PART I--DEPARTMENT OF AGRICULTURE
SEC. 211. RULE ON INCREASED LINE SPEEDS AT MEAT AND POULTRY
ESTABLISHMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Service.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Labor for Occupational Safety
and Health.
(3) Director.--The term ``Director'' means the Director of
the National Institute for Occupational Safety and Health.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Service.--The term ``Service'' means the Food Safety
Inspection Service.
(b) Rule on Waivers.--
(1) In general.--Notwithstanding any other provision of law
(including regulations, including sections 303.1(h) and
381.3(b) of title 9, Code of Federal Regulations (or successor
regulations)), the Secretary, acting through the Administrator,
shall not issue a waiver under those regulations relating to
line speeds that would result in higher line speeds at a
covered establishment or inspection staffing requirements for a
covered establishment unless the covered establishment--
(A) agrees to an inspection conducted by the
Assistant Secretary or the Director for the purposes of
the waiver; and
(B) the Assistant Secretary or the Director
certifies to the Secretary that any increases in line
speed at the covered establishment would not have an
adverse impact on worker safety.
(2) Inspections.--An inspection conducted by the Assistant
Secretary or the Director under paragraph (1)(A) shall
include--
(A) an ergonomic analysis of all jobs in the
applicable covered establishment that may experience an
increased work pace due to increasing the number of
animals being slaughtered--
(i) per minute; and
(ii) per hour;
(B) an assessment of the current rates of
musculoskeletal disorders in the covered establishment;
(C) a review of current efforts at the covered
establishment to mitigate the disorders referred to in
subparagraph (B), including a review of how medical
personnel at the covered establishment manage those
disorders; and
(D) a review of the impact of any proposed line
speed increases on the pace of work for workers on the
slaughter and production lines of the covered
establishment (including the workers that package the
meat).
(3) Limitation on authority over line speeds.--None of the
funds made available to the Secretary on or after the date of
enactment of this Act may be used to develop, propose,
finalize, issue, amend, or implement any policy, regulation,
directive, constituent update, or any other agency program that
would increase line speeds at covered establishments.
(4) Effect on state law.--
(A) In general.--This subsection shall not preempt
or limit any law or regulation of a State or a
political subdivision of a State that--
(i) imposes requirements that are more
protective of worker safety or animal welfare
than the requirements of this subsection; or
(ii) creates penalties for conduct
regulated by this subsection.
(B) Other laws.--The requirements of this
subsection are in addition to, and not in lieu of, any
other laws protecting worker safety and animal welfare.
(c) Transparency in Rulemaking.--With respect to each rulemaking
proceeding initiated by the Administrator on or after the date of
enactment of this Act, the Administrator shall comply with--
(1) the data quality guidelines of the Service, which state
that the Service and the offices of the Service are held to a
standard of transparency to ensure that the information shared
by the Service is presented in an accurate, reliable, and
unbiased manner; and
(2) Executive Order 13563 (5 U.S.C. 601 note; relating to
improving regulation and regulatory review), which requires
Federal agencies to provide timely online access to relevant
scientific information in an open format that can easily be
searched and downloaded during a proposed rulemaking.
(d) Evaluation of Rulemaking and Policies.--In evaluating the
impact of any rulemaking or policy, the Secretary shall request that
the Director conduct an evaluation of the rulemaking or policy that
includes a review of--
(1) current safety conditions and injuries and illnesses at
the applicable covered establishments, including medical exams
and medical histories;
(2) whether the policy proposals will increase the pace of
work for any employee at the applicable covered establishments;
and
(3) whether, and the extent to which, the policy proposals
will impact worker safety.
(e) Report on Implementation of Rules.--
(1) In general.--Not later than 1 year after the
implementation of any rule relating to line speeds at covered
establishments, the Secretary shall submit to Congress a report
on the impact of the rule on--
(A) line speeds at covered establishments;
(B) worker safety and health at covered
establishments;
(C) ergonomic aspects of jobs at covered
establishments; and
(D) staffing levels that will ensure worker safety
at covered establishments.
(2) Requirement.--A report under paragraph (1) shall
include--
(A) the results of a study carried out by an
industrial engineer on every type of job at covered
establishments impacted by the applicable rule;
(B) a determination of the industrial engineer of
the number of workers needed--
(i) to do each job safely; and
(ii) to operate the covered establishment
at different line speeds; and
(C) a job crewing report prepared by the industrial
engineer.
PART II--FAIR ATTENDANCE POLICIES
SEC. 221. DEFINITIONS.
In this part:
(1) Covered entity.--The term ``covered entity''--
(A) has the meaning given the term ``respondent''
in section 701(n) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(n)); and
(B) includes--
(i) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301);
(ii) an employing office, as defined in
section 411(c) of title 3, United States Code;
(iii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a)); and
(iv) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies.
(2) Employee.--The term ``employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies.
(3) Legally protected leave.--The term ``legally protected
leave'', when used with respect to an employee, means leave
that is protected under a Federal, State, or local law
applicable to the employee.
(4) No fault attendance policy.--The term ``no fault
attendance policy'' means a policy or pattern and practice
maintained by a covered entity under which employees face
consequences for any absence, tardy, or early departure through
the assessment of points (also referred to as ``demerits'' or
``occurrences'') or deductions from an allotted bank of time,
and those points or deductions subject the employee to
progressive disciplinary action, which may include failure to
receive a promotion, loss of pay, or termination.
(5) Person.--The term ``person'' has the meaning given such
term in section 701(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(a)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 222. REQUIREMENTS FOR EMPLOYERS RELATING TO NO FAULT ATTENDANCE
POLICIES OR ATTENDANCE SYSTEMS.
(a) Requirements for No Fault Attendance Policy.--It shall be
considered an unlawful employment practice for a covered entity to
maintain a no fault attendance policy, unless the covered entity
complies with the following:
(1) The no fault attendance policy shall be distributed in
writing (and be made available in the primary language of such
employee)--
(A) not later than 90 days after the date of
enactment of this Act, to each employee employed by the
covered entity as of that date of distribution; and
(B) with respect to each employee hired by the
covered entity after such date of enactment, upon the
commencement of the employee's employment.
(2) If any changes are made to the no fault attendance
policy, the no fault attendance policy shall be distributed in
writing to all employees by not later than 30 days after the
date of the changes.
(3) The covered entity shall provide employees with a means
of accessing the no fault attendance policy at any physical
workplace, and outside of a physical workplace, in an
accessible location.
(4) The no fault attendance policy shall explicitly state
that employees will not face disciplinary action or other
adverse consequences, which may include the assessment of
points or a deduction from an allotted bank of time, for
legally protected leave.
(5) The no fault attendance policy shall specifically
reference and provide a reasonable amount of detail about all
Federal, State, and local laws applicable to the employees that
provide legally protected leave, including the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Family
and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), and
chapter 43 of title 38, United States Code.
(6) The no fault attendance policy shall identify a process
for employees to complete each of the following:
(A) Report that an absence is for legally protected
leave.
(B) Provide medical documentation, if it is
required under the no fault attendance policy in order
to avoid disciplinary action or other adverse
consequences for legally protected leave.
(C) Seek removal of points that an employee
believes were wrongly assessed, or the restoration of
time that an employee believes was wrongly deducted for
legally protected leave.
(D) Delay the reporting of an absence in unforeseen
or emergency circumstances without incurring additional
points or discipline.
(b) Requirements for Attendance Systems.--It shall be an unlawful
employment practice for a covered entity to maintain any attendance
system policy, or pattern and practice, that discourages employees from
exercising, or attempting to exercise, any right to legally protected
leave.
SEC. 223. REMEDIES AND ENFORCEMENT.
(a) Civil Action.--The powers, remedies, and procedures provided in
section 107 of the Family and Medical Leave Act of 1993 (29 U.S.C.
2617) shall be the powers, remedies, and procedures this part provides
to any person alleging an unlawful employment practice described in
section 222.
(b) Penalties.--Any covered entity that commits an unlawful
employment practice described in section 222 shall be subject to a
civil penalty not to exceed the amounts under section 17(a) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 666(a)), as
adjusted annually for inflation. The Secretary may bring any legal
action necessary, including administrative action, to collect such
penalties.
SEC. 224. RULEMAKING.
Not later than 2 years after the date of enactment of this Act, the
Secretary, in coordination with the Equal Employment Opportunity
Commission and the heads of other relevant Federal agencies, shall
issue regulations in an accessible format in accordance with subchapter
II of chapter 5 of title 5, United States Code, to carry out this part.
Such regulations shall provide an example of a model no fault
attendance policy that conforms to the requirements of this part.
SEC. 225. RELATIONSHIP TO OTHER LAWS.
Nothing in this part shall be construed to invalidate or limit the
powers, remedies, and procedures under any Federal law or law of any
State or political subdivision of any State or jurisdiction that
provide legally protected leave.
PART III--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REFORMS
SEC. 231. DEFINITIONS.
In this part, the terms ``Secretary'' and ``State'' have the
meanings given such terms in section 3 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 652).
SEC. 232. ENSURING COMPLIANCE WITH EMPLOYEE RIGHTS TO USE TOILET
FACILITIES AT COVERED ESTABLISHMENTS.
(a) In General.--During any inspection of a covered establishment
conducted pursuant to section 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 657), the Secretary shall verify that the
employer of employees working at such establishment is in compliance
with the occupational safety and health standard set forth in section
1910.141 of title 29, Code of Federal Regulations, as in effect on the
day before the date of enactment of this Act, for employers to provide
prompt access for employees to visit and use toilet facilities,
including such standard as interpreted by the memorandum for regional
administrators and State designees regarding ``Interpretation of 29
CFR. 1910.141(c)(1)(i): Toilet Facilities'' issued by the Occupational
Safety and Health Administration on April 6, 1998, and any successor
regulation.
(b) Requirements.--In carrying out subsection (a), the Secretary
shall verify that the employer described in such subsection--
(1) allows employees to leave their work locations to use a
toilet facility when needed and without punishment;
(2) provides an adequate number of toilet facilities for
the size of the workforce to prevent long lines;
(3) avoids imposing unreasonable restrictions including
waiting lists on the use of toilet facilities;
(4) ensures that restrictions, such as locking doors or
requiring employees to sign out a key, do not cause extended
delays in access to toilet facilities; and
(5) compensates each employee for breaks for using toilet
facilities at the regular rate of pay of the employee in
accordance with section 785.18 of title 29, Code of Federal
Regulations, as in effect on the day before the date of
enactment of this Act, and any other applicable Federal, State,
or local law.
SEC. 233. OCCUPATIONAL SAFETY AND HEALTH STANDARDS TO PROTECT EMPLOYEES
IN COVERED ESTABLISHMENTS.
(a) Standard for Protecting Employees From Occupational Risk
Factors Causing Musculoskeletal Disorders.--
(1) Proposed standard.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), publish in the Federal Register a proposed
standard for ergonomic program management for covered
establishments. Such proposed standard shall include
requirements for--
(A) hazard identification and ergonomic job
evaluations, including requirements for employee and
authorized employee representative participation in
such identification;
(B) hazard control, which such requirements rely on
the principles of the hierarchy of controls and which
may include measures such as rest breaks, equipment and
workstation redesign, work pace reductions, or job
rotation to less forceful or repetitive jobs;
(C) training for employees regarding employer
activities, occupational risk factors, and training on
controls and recognition of symptoms of musculoskeletal
disorders; and
(D) medical management that includes--
(i) encouraging early reporting of
musculoskeletal disorder symptoms;
(ii) first aid delivered by those operating
under State licensing requirements; and
(iii) systematic evaluation and early
referral for medical attention.
(2) Final standard.--Not later than 30 months after the
date of enactment this Act, the Secretary shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), publish in the Federal Register a final standard
based on the proposed standard under paragraph (1).
(b) Standard for Protecting Employees From Delays in Medical
Treatment Referrals Following Injuries or Illnesses.--
(1) Proposed standard.--Not later than 3 months after the
date of enactment of this Act, the Secretary shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), publish in the Federal Register a proposed
standard requiring that all employers with employees working at
a covered establishment who, in accordance with the standard
promulgated under section 1910.151 of title 29, Code of Federal
Regulations, as in effect on the day before the date of
enactment of this Act, are required to have a person readily
available at the establishment who is adequately trained to
render first aid shall ensure that such person--
(A) without delay, refers any such employee who
reports an injury or illness that requires further
medical treatment to an appropriate medical
professional of the employee's choice for such
treatment;
(B) provides for occupational medicine consultation
services through a physician who is board certified in
occupational medicine, which services shall include--
(i) regular review of any health and safety
program, medical management program, or
ergonomics program of the employer;
(ii) review of any work-related injury or
illness of an employee;
(iii) providing onsite health services for
treatment of such injury or illness; and
(iv) consultation referral to a local
health care provider for treating such injury
or illness; and
(C) complies with the licensing requirements for
licensed practical nurses or registered nurses in the
State in which the establishment is located.
(2) Final standard.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), publish in the Federal Register a final standard
based on the proposed standard under paragraph (1).
(c) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for fiscal year 2024 to carry out this section.
SEC. 234. PERMANENT REGIONAL EMPHASIS INSPECTION PROGRAM; EXPANDING
INSPECTIONS.
(a) Regional Emphasis Inspection Program.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall, pursuant to section
8 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
657), implement a regional emphasis inspection program for
covered establishments in every State in which a covered
establishment is located. Such program shall cover--
(A) amputation hazards;
(B) ergonomics;
(C) hazards related to line speeds;
(D) bathroom breaks;
(E) use of chemicals such as peracetic acid
(antimicrobials); and
(F) working conditions in high and low
temperatures.
(2) State plans.--Not later than 30 days after the date of
enactment of this Act, a State with a State plan that has been
approved by the Secretary under section 18 of such Act (29
U.S.C. 667) shall adopt in each region within the State in
which a covered establishment is located a regional emphasis
inspection program that is at least as effective as the program
under paragraph (1).
(b) Expanding Inspections When Information Presents Possible
Additional Dangers.--
(1) In general.--If the Secretary conducts a physical
inspection of a covered establishment pursuant to section 8 of
such Act in response to a referral, complaint, or fatality, and
the Secretary, during such inspection makes a determination
described in paragraph (2), the Secretary shall expand such
inspection to all areas of the establishment.
(2) Determination.--A determination described in this
paragraph is either of the following:
(A) A determination, following a review of records
of work-related injuries and illnesses maintained in
accordance with such section 8, that a work-related
injury or illness may be related to a workplace danger
that may threaten physical harm.
(B) A determination, upon interviews with
employees, that a workplace danger may threaten
physical harm.
SEC. 235. REPRESENTATIVES DURING PHYSICAL INSPECTIONS.
(a) Proposed Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall, under section 8(e) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 657(e)), publish
in the Federal Register a regulation providing that during a physical
inspection of a covered establishment under such section--
(1) the representative authorized by employees to be given
the opportunity to accompany the Secretary during the
inspection as described in such section shall not be required
to be an employee of the employer;
(2) where there is no representative authorized by
employees as described in paragraph (1), the employees may
designate a person affiliated with a worker-based community
organization to serve as such representative; and
(3) the inspector may arrange for interviews with employees
off-site upon the request of the representative or designated
person.
(b) Final Rule.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall publish in the Federal Register a
final rule for the proposed rule under subsection (a).
SEC. 236. 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 other manner retaliate or
discriminate against or cause to be retaliated or 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 this exercise''; and
(4) by inserting before the period at the end the
following: ``, including the reporting of any injury, illness,
or unsafe condition to the employer, agent of the employer,
safety and health committee involved, or employee safety and
health representative involved''.
(b) Prohibition of Retaliation; Procedure.--Section 11 of such Act
(29 U.S.C. 660) is amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``discharged or otherwise
discriminated against by any person in
violation of this subsection'' and inserting
``aggrieved by a violation of this
subsection''; and
(ii) by striking ``such discrimination''
and inserting ``such violation''; and
(B) by adding at the end the following:
``(4) Exception for meat and poultry establishments.--
Paragraphs (2) and (3) shall not apply with respect to a
complaint filed by an employee of an employer that is a covered
establishment, as defined in section 202 of the Agricultural
Worker Justice Act.''; and
(2) by adding at the end the following:
``(d) Meat and Poultry Establishments.--
``(1) Definitions.--In this subsection:
``(A) Complainant.--The term `complainant' means a
complainant who is a covered employee.
``(B) Covered employee.--The term `covered
employee' means an employee of a covered employer.
``(C) Covered employer.--The term `covered
employer' means an employer that is a covered
establishment, as defined in section 202 of the
Agricultural Worker Justice Act.
``(D) Respondent.--The term `respondent' means a
respondent who is a covered employer.
``(2) Reasonable apprehension.--No person shall discharge,
or cause to be discharged, or in any other manner retaliate or
discriminate against, or cause to be retaliated or
discriminated against, a covered employee for refusing to
perform the covered employee's duties if--
``(A) the covered employee has a reasonable
apprehension that performing such duties would result
in serious injury to, or serious impairment of the
health of, the covered employee or other covered
employees; and
``(B) when practicable, the covered employee has
communicated or attempted to communicate such
reasonable apprehension to the covered employer and has
not received from the covered employer a response
reasonably calculated to allay such apprehension.
``(3) Complaint.--Any covered employee who believes that
the covered employee has been discharged, disciplined, or
otherwise retaliated or discriminated against by any person in
violation of subsection (c)(1) or paragraph (2) of this
subsection may seek relief for such violation by filing a
complaint with the Secretary under paragraph (5).
``(4) Statute of limitations.--
``(A) In general.--A covered employee may take the
action permitted by paragraph (3) not later than 180
days after the later of--
``(i) the date on which an alleged
violation of subsection (c)(1) or paragraph (2)
of this subsection occurs; or
``(ii) the date on which the covered
employee knows or should reasonably have known
that such alleged violation occurred.
``(B) Repeat violation.--Except in cases when the
covered employee has been discharged, a violation of
subsection (c)(1) or paragraph (2) of this subsection
shall be considered to have occurred on the last date
an alleged repeat violation occurred.
``(5) Investigation.--
``(A) In general.--A covered employee may, within
the time period required under paragraph (4)(A), file a
complaint with the Secretary alleging a violation of
subsection (c)(1) or paragraph (2) of this subsection.
If the complaint alleges a prima facie case, the
Secretary shall conduct an investigation of the
allegations in the complaint, which--
``(i) shall include--
``(I) interviewing the complainant;
``(II) providing the respondent an
opportunity to--
``(aa) submit to the
Secretary a written response to
the complaint; and
``(bb) meet with the
Secretary to present statements
from witnesses or provide
evidence; and
``(III) providing the complainant
an opportunity to--
``(aa) receive any
statements or evidence provided
to the Secretary;
``(bb) meet with the
Secretary; and
``(cc) rebut any statements
or evidence; and
``(ii) may include issuing subpoenas for
the purposes of such investigation.
``(B) Decision.--Not later than 90 days after the
filing of the complaint under this paragraph, the
Secretary shall--
``(i) determine whether reasonable cause
exists to believe that a violation of
subsection (c)(1) or paragraph (2) of this
subsection has occurred; and
``(ii) issue a decision granting or denying
relief.
``(6) Preliminary order following investigation.--If, after
completion of an investigation under paragraph (5)(A), the
Secretary finds reasonable cause to believe that a violation of
subsection (c)(1) or paragraph (2) of this subsection has
occurred, the Secretary shall issue a preliminary order
providing relief authorized under paragraph (14) at the same
time the Secretary issues a decision under paragraph (5)(B). If
a de novo hearing is not requested within the time period
required under paragraph (7)(A)(i), such preliminary order
shall be deemed a final order of the Secretary and is not
subject to judicial review.
``(7) Hearing.--
``(A) Request for hearing.--
``(i) In general.--A de novo hearing on the
record before an administrative law judge may
be requested--
``(I) by the complainant or
respondent within 30 days after
receiving notification of a decision
granting or denying relief issued under
paragraph (5)(B) or a preliminary order
under paragraph (6), respectively;
``(II) by the complainant within 30
days after the date the complaint is
dismissed without investigation by the
Secretary under paragraph (5)(A); or
``(III) by the complainant within
120 days after the date of filing the
complaint under paragraph (5), if the
Secretary has not issued a decision
under paragraph (5)(B).
``(ii) Reinstatement order.--The request
for a hearing shall not operate to stay any
preliminary reinstatement order issued under
paragraph (6).
``(B) Procedures.--
``(i) In general.--A hearing requested
under this paragraph shall be conducted
expeditiously and in accordance with rules
established by the Secretary for hearings
conducted by administrative law judges.
``(ii) Subpoenas; production of evidence.--
In conducting any such hearing, the
administrative law judge may issue subpoenas.
The respondent or complainant may request the
issuance of subpoenas that require the
deposition of, or the attendance and testimony
of, witnesses and the production of any
evidence (including any books, papers,
documents, or recordings) relating to the
matter under consideration.
``(iii) Decision.--The administrative law
judge shall issue a decision not later than 90
days after the date on which a hearing was
requested under this paragraph and promptly
notify, in writing, the parties and the
Secretary of such decision, including the
findings of fact and conclusions of law. If the
administrative law judge finds that a violation
of subsection (c)(1) or paragraph (2) of this
subsection has occurred, the judge shall issue
an order for relief under paragraph (14). If
review under paragraph (8) is not timely
requested, such order shall be deemed a final
order of the Secretary that is not subject to
judicial review.
``(8) Administrative appeal.--
``(A) In general.--Not later than 30 days after the
date of notification of a decision and order issued by
an administrative law judge under paragraph (7), the
complainant or respondent may file, with objections, an
administrative appeal with an administrative review
body designated by the Secretary (referred to in this
paragraph as the `review board').
``(B) Standard of review.--In reviewing the
decision and order of the administrative law judge, the
review board shall affirm the decision and order if it
is determined that the factual findings set forth
therein are supported by substantial evidence and the
decision and order are made in accordance with
applicable law.
``(C) Decisions.--If the review board grants an
administrative appeal, the review board shall issue a
final decision and order affirming or reversing, in
whole or in part, the decision under review by not
later than 90 days after receipt of the administrative
appeal. If it is determined that a violation of
subsection (c)(1) or paragraph (2) of this subsection
has occurred, the review board shall issue a final
decision and order providing relief authorized under
paragraph (14). Such decision and order shall
constitute final agency action with respect to the
matter appealed.
``(9) Settlement in the administrative process.--
``(A) In general.--At any time before issuance of a
final order, an investigation or proceeding under this
subsection may be terminated on the basis of a
settlement agreement entered into by the parties.
``(B) Public policy considerations.--Neither the
Secretary, an administrative law judge, nor the review
board conducting a hearing under this subsection shall
accept a settlement that contains conditions
conflicting with the rights protected under this Act or
that are contrary to public policy, including a
restriction on a complainant's right to future
employment with employers other than the specific
covered employers named in a complaint.
``(10) Inaction by the review board or administrative law
judge.--
``(A) In general.--The complainant may bring a de
novo action described in subparagraph (B) if--
``(i) an administrative law judge has not
issued a decision and order within the 90-day
time period required under paragraph
(7)(B)(iii); or
``(ii) the review board has not issued a
decision and order within the 90-day time
period required under paragraph (8)(C).
``(B) De novo action.--Such de novo action may be
brought at law or equity in the United States district
court for the district where a violation of subsection
(c)(1) or paragraph (2) of this subsection allegedly
occurred or where the complainant resided on the date
of such alleged violation. The court shall have
jurisdiction over such action without regard to the
amount in controversy and to order appropriate relief
under paragraph (14). Such action shall, at the request
of either party to such action, be tried by the court
with a jury.
``(11) Judicial review.--
``(A) Timely appeal to the court of appeals.--Any
party adversely affected or aggrieved by a final
decision and order issued under this subsection may
obtain review of such decision and order in the United
States Court of Appeals for the circuit where the
violation, with respect to which such final decision
and order was issued, allegedly occurred or where the
complainant resided on the date of such alleged
violation. To obtain such review, a party shall file a
petition for review not later than 60 days after the
final decision and order was issued. Such review shall
conform to chapter 7 of title 5, United States Code.
The commencement of proceedings under this subparagraph
shall not, unless ordered by the court, operate as a
stay of the final decision and order.
``(B) Limitation on collateral attack.--An order
and decision with respect to which review may be
obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
``(12) Enforcement of order.--If a respondent fails to
comply with an order issued under this subsection, the
Secretary or the complainant on whose behalf the order was
issued may file a civil action for enforcement in the United
States district court for the district in which the violation
was found to occur to enforce such order. If both the Secretary
and the complainant file such action, the action of the
Secretary shall take precedence. The district court shall have
jurisdiction to grant all appropriate relief described in
paragraph (14).
``(13) Burdens of proof.--
``(A) Criteria for determination.--In making a
determination or adjudicating a complaint pursuant to
this subsection, the Secretary, administrative law
judge, review board, or a court may determine that a
violation of subsection (c)(1) or paragraph (2) of this
subsection has occurred only if the complainant
demonstrates that any conduct described in subsection
(c)(1) or paragraph (2) of this subsection with respect
to the complainant was a contributing factor in the
adverse action alleged in the complaint.
``(B) Prohibition.--Notwithstanding subparagraph
(A), a decision or order that is favorable to the
complainant shall not be issued in any administrative
or judicial action pursuant to this subsection if the
respondent demonstrates by clear and convincing
evidence that the respondent would have taken the same
adverse action in the absence of such conduct.
``(14) Relief.--
``(A) Order for relief.--If the Secretary,
administrative law judge, review board, or a court
determines that a covered employer has violated
subsection (c)(1) or paragraph (2) of this subsection,
the Secretary, administrative law judge, review board,
or court, respectively, shall have jurisdiction to
order all appropriate relief, including injunctive
relief, and compensatory and exemplary damages,
including--
``(i) affirmative action to abate the
violation;
``(ii) reinstatement without loss of
position or seniority, and restoration of the
terms, rights, conditions, and privileges
associated with the complainant's employment,
including opportunities for promotions to
positions with equivalent or better
compensation for which the complainant is
qualified;
``(iii) compensatory and consequential
damages sufficient to make the complainant
whole (including back pay, prejudgment
interest, and other damages); and
``(iv) expungement of all warnings,
reprimands, or derogatory references that have
been placed in paper or electronic records or
databases of any type relating to the actions
by the complainant that gave rise to the
unfavorable personnel action, and, at the
complainant's direction, transmission of a copy
of the decision on the complaint to any person
whom the complainant reasonably believes may
have received such unfavorable information.
``(B) Attorneys' fees and costs.--If the Secretary
or an administrative law judge, review board, or court
grants an order for relief under subparagraph (A), the
Secretary, administrative law judge, review board, or
court, respectively, shall assess, at the request of
the covered employee against the covered employer--
``(i) reasonable attorneys' fees; 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 covered employee under any Federal or State law or common
law, or under any collective bargaining agreement.
``(17) Election of venue.--
``(A) In general.--A covered employee of a covered
employer who is located in a State that has a State
plan approved under section 18 may file a complaint
alleging a violation of subsection (c)(1) or paragraph
(2) of this subsection 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.
``(18) Presumption of retaliation.--The Secretary shall
apply an unrebuttable presumption of retaliation in any
complaint initiated under paragraph (5) in which the Secretary
finds a covered employee suffers an adverse action within 90
days of the date on which the covered employee took any action
protected under subsection (c)(1) or raised any reasonable
apprehension under paragraph (2) of this subsection.
``(19) Supplement and not supplant.--The remedies provided
for under this subsection supplement, and do not supplant, the
private right of action under section 240 of the Agricultural
Worker Justice Act.
``(20) Definitions.--For purposes of this subsection and
subsection (c)--
``(A) the term `retaliate or discriminate against'
includes reporting, or threatening to report, to a
Federal, State, or local authority the suspected
citizenship or immigration status of a covered
employee, or of a family member of a covered employee,
because the covered employee raises a concern about
workplace health and safety practices or hazards; and
``(B) the term `family member', with respect to the
family member of a covered employee, means an
individual who--
``(i) is related to the covered employee by
blood, adoption, marriage, or domestic
partnership; and
``(ii) is a significant other, parent,
sibling, child, uncle, aunt, niece, nephew,
cousin, grandparent, or grandchild of the
covered employee.''.
(c) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C.
666(j)) is amended by inserting before the period the following: ``,
including the history of violations under subsection (c) or (d) of
section 11''.
SEC. 237. REGULATIONS TO RESTORE A COLUMN ON REQUIRED RECORDS OF WORK-
RELATED MUSCULOSKELETAL DISORDERS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall issue a final rule regarding matters pertaining to the
proposed rule issued by the Secretary on January 29, 2010, entitled
``Occupational Injury and Illness Recording and Reporting
Requirements'' (75 Fed. Reg. 4728).
SEC. 238. FUNDING FOR ADDITIONAL OSHA INSPECTORS.
Out of any amounts in the Treasury not otherwise appropriated,
there is appropriated $60,000,000 to the Secretary for each of fiscal
years 2024 through 2029, to remain available until expended for--
(1) the hiring of additional inspectors to carry out
inspections under section 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 657); and
(2) carrying out sections 6, 8, and 11 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655; 657; and 660), as
amended by this Act.
SEC. 239. OSHA REPORTING.
(a) Definition of Pandemic.--In this section, the term ``pandemic''
means a public health emergency declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d) with respect to a pandemic.
(b) Reporting During a Pandemic.--
(1) Standardized reporting.--
(A) In general.--The Secretary shall establish a
standardized process for covered establishments to
report, on a weekly basis during a pandemic, to the
Secretary information regarding infections and deaths
related to the pandemic. Such information shall
include--
(i) the number of employees on a weekly and
cumulative basis that have contracted the
disease resulting in the pandemic;
(ii) racial demographics of such employees;
and
(iii) the employment status of such
employees.
(B) Form and procedures.--Not later than 1 year
after the date of enactment of this Act, or 7 days
following a declaration of a pandemic, whichever is
sooner, the Secretary shall issue reporting procedures
described in subparagraph (A), including forms for such
procedures, for pandemics.
(2) Public availability.--The Secretary shall make the
information reported under paragraph (1) available to the
public in a manner that facilitates public participation,
including by making such information available on its website
in a manner that maximizes public participation.
(3) Privacy.--A covered establishment, in reporting
information to the Secretary under paragraph (1), may not claim
confidential business information or patient privacy, except
that such an establishment may withhold the names of workers,
as a basis to withhold information.
(c) Disclosures to Employees.--A covered establishment shall
disclose to each employee or individual providing work for the
employer, including any individual providing such work through a
contract or subcontract, all chemicals used at the worksite where the
employee or individual provides such work. Such disclosure shall be
provided to the employee or individual in the native language of the
employee or individual.
SEC. 240. 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.
SEC. 241. INJUNCTION PROCEEDINGS.
Section 13(a) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 662(a)) is amended by adding at the end the following: ``Any
employee (or the representative of such employee) at a place of
employment subject to enforcement under this subsection may
unconditionally intervene as a matter of right.''.
PART IV--SAVINGS PROVISION
SEC. 251. SAVINGS PROVISION.
Nothing in this subtitle 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.
Subtitle B--GAO Reports
SEC. 261. REVIEW AND REPORT ON RACIAL AND ETHNIC DISPARITIES IN MEAT
AND POULTRY PROCESSING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall carry out, and submit to Congress, a report on racial and ethnic
disparities in the meat and poultry processing sector.
(b) Inclusions.--The report under subsection (a) shall contain a
review of each of the following:
(1) The impacts of working in covered establishments to
individuals working at such establishments who are employees,
temporary workers, incarcerated workers, noncitizen workers
admitted to the United States as nonimmigrants described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as refugees under
section 207 of that Act (8 U.S.C. 1157), or noncitizen workers
who are not lawfully present in the United States, including--
(A) workplace injuries, including repetitive
musculoskeletal injuries, of those individuals;
(B) psychological and mental health conditions of
those individuals;
(C) exposure of those individuals to chemicals or
other potential carcinogens and reproductive toxins;
and
(D) any physical or mental abuse, including sexual
harassment, of those individuals by coworkers or
managers.
(2) The racial demographics and use of temporary workers to
outsource the responsibility of covered establishments to
provide a safe workplace.
(3) The racial demographics and use of incarcerated workers
in covered establishments, including--
(A) the extent to which those workers have a choice
in working at covered establishments;
(B) the use of those workers to outsource the
responsibility of covered establishments to provide a
safe workplace;
(C) the use of those workers to outsource the
responsibility of covered establishments to provide
fair compensation; and
(D) the use of those workers by covered
establishments to externalize employee cost.
(4) The racial demographics and use of noncitizen workers
admitted to the United States as nonimmigrants described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as refugees under
section 207 of that Act (8 U.S.C. 1157) at covered
establishments, including--
(A) the extent to which predatory practices, such
as limiting the ability of those workers to choose and
move between competing organizations, are utilized by
covered establishments with respect to those workers;
(B) the extent to which those workers are unable to
speak out for fear of retaliation; and
(C) the extent to which there is full transparency
about the nature of employment of those workers prior
to being hired.
(5) The racial demographics and use of noncitizen workers
who are not lawfully present in the United States at covered
establishments, including--
(A) the extent to which those workers are unable to
speak out for fear of retaliation; and
(B) whether any collusion between Federal
immigration offices and covered establishments have the
effect of intimidating and silencing those workers.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Accountability, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Accountability, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Accountability, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Accountability, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Accountability, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Agriculture, and in addition to the Committees on Education and the Workforce, Financial Services, Oversight and Accountability, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Livestock, Dairy, and Poultry.