117 HR 4978 IH: Agricultural Worker Justice Act
U.S. House of Representatives
2023-07-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 4978
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Casar (for himself, Mr. Pocan, Ms. Adams, Ms. Barragán, 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. Sánchez, Mr. Thanedar, Ms. Tlaib, Mr. Vargas, Ms. Velázquez, 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.
1.

Short title
This Act may be cited as the “Agricultural Worker Justice Act”.
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.
I

Fair USDA Procurement and Contracting
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).
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.
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.
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.
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).
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.
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.
II

Protecting America’s Meatpacking Workers
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.
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).
A

Reforms to protect meat and poultry processing workers
I

Department of Agriculture
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.
II

Fair Attendance Policies
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.
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.
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.
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.
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.
III

Occupational Safety and Health Administration Reforms
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).
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.
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.
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.
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).
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”.
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).
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.
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.
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.
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.”.
IV

Savings provision
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.
B

GAO reports
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.