II 

118TH CONGRESS 

2D SESSION S. 4260 

To establish protections for warehouse workers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2024 

Mr. MARKEY (for himself, Mr. CASEY, Ms. SMITH, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish protections for warehouse workers, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Warehouse Worker 

5 Protection Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—WAREHOUSE WORKER PROTECTIONS 

Sec. 101. Warehouse worker protections. 

Sec. 102. Referral of complaints. 


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TITLE II—NATIONAL LABOR RELATIONS ACT 

Sec. 201. Amendments to National Labor Relations Act. 

Sec. 202. National Labor Relations Board report. 

TITLE III—OSHA STANDARDS 

Sec. 301. Standard protecting covered employees from occupational risk factors 

causing musculoskeletal disorders. 

Sec. 302. Standard for protecting covered employees from delays in medical 

treatment referrals following injuries or illnesses. 

Sec. 303. Correction of serious, willful, or repeated violations pending contest 

and procedures for a stay. 

Sec. 304. Definitions. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Severability. 

Sec. 402. Preemption. 

Sec. 403. Authorization of appropriations. 

1 TITLE I—WAREHOUSE WORKER 

2 PROTECTIONS 

3 SEC. 101. WAREHOUSE WORKER PROTECTIONS. 

4 The Fair Labor Standards Act of 1938 is amended— 

5 (1) by inserting after section 4 (29 U.S.C. 204) 

6 the following: 

7 ‘‘SEC. 5. ESTABLISHMENT OF FAIRNESS AND TRANS8 PARENCY OFFICE. 

9 ‘‘(a) IN GENERAL.—There is established in the Wage 

10 and Hour Division of the Department of Labor the Fair11 ness and Transparency Office. 

12 ‘‘(b) DIRECTOR OF THE FAIRNESS AND TRANS13 PARENCY OFFICE.—The President shall appoint a Direc14 tor of the Fairness and Transparency Office to head the 

15 Fairness and Transparency Office. 


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1 ‘‘(c) EMPLOYEES AND ADVISORY BOARDS OF THE

2 OFFICE.— 

3 ‘‘(1) IN GENERAL.—The Director— 

4 ‘‘(A) may select, appoint, and employ, 

5 without regard to the provisions of sections 

6 3309 through 3318 of title 5, United States 

7 Code, individuals directly to positions in the 

8 competitive service, as defined in section 2102 

9 of such title, to carry out the duties of the Di10 rector under this Act; and 

11 ‘‘(B) may fix the compensation of the indi12 viduals described in subparagraph (A) without 

13 regard to chapter 51 and subchapter III of 

14 chapter 53 of title 5, United States Code, relat15 ing to classification of positions and General 

16 Schedule pay rates, except that the rate of pay 

17 for such individuals may not exceed the rate 

18 payable for level V of the Executive Schedule 

19 under section 5316 of that title. 

20 ‘‘(2) FAIRNESS AND TRANSPARENCY ADVISORY

21 BOARD.— 

22 ‘‘(A) IN GENERAL.—The Director shall es23 tablish a Fairness and Transparency Advisory 

24 Board to advise and consult on the exercise of 

25 the functions of the Director under this Act. 


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1 ‘‘(B) COMPOSITION.—The Fairness and 

2 Transparency Advisory Board established under 

3 subparagraph (A) shall be composed of— 

4 ‘‘(i) as the Director determines appro5 priate, covered employers and covered em6 ployees or representatives of covered em7 ployers and covered employees; and 

8 ‘‘(ii) at least one of each of the fol9 lowing: 

10 ‘‘(I) Worker protection experts. 

11 ‘‘(II) Civil rights experts. 

12 ‘‘(III) Health and safety experts. 

13 ‘‘(IV) Workplace technology ex14 perts. 

15 ‘‘(V) Disability law experts. 

16 ‘‘(VI) Representatives of labor 

17 organizations. 

18 ‘‘(VII) Representatives of worker 

19 advocacy organizations. 

20 ‘‘(C) APPOINTMENTS.—The Director 

21 shall— 

22 ‘‘(i) appoint members to the advisory 

23 board established under subparagraph (A); 

24 and 


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1 ‘‘(ii) ensure a partisan balance in the 

2 membership of the advisory board. 

3 ‘‘(D) MEETINGS.—The advisory board es4 tablished under subparagraph (A) shall meet— 

5 ‘‘(i) at the call of the Director; and 

6 ‘‘(ii) not less than 2 times annually. 

7 ‘‘(E) COMPENSATION AND TRAVEL EX8 PENSES.—A member of the Fairness and 

9 Transparency Advisory Board established under 

10 subparagraph (A) who is not an officer or em11 ployee of the Federal Government shall— 

12 ‘‘(i) be entitled to receive compensa13 tion at a rate fixed by the Director while 

14 attending meetings of the advisory board, 

15 including travel time; and 

16 ‘‘(ii) receive travel expenses, including 

17 per diem in lieu of subsistence, in accord18 ance with applicable provisions under sub19 chapter I of chapter 57 of title 5, United 

20 States Code. 

21 ‘‘(F) EXEMPTION FROM THE FEDERAL AD22 VISORY COMMITTEE ACT.—The Fairness and 

23 Transparency Advisory Board established under 

24 subparagraph (A) shall be exempt from chapter 

25 10 of title 5, United States Code (commonly 


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1 known as the ‘Federal Advisory Committee 

2 Act’). 

3 ‘‘(3) USE OF VOLUNTARY SERVICES.—The Di4 rector may, as may from time to time be needed, use 

5 any voluntary or uncompensated services. 

6 ‘‘(4) ATTORNEYS.—Attorneys appointed under 

7 this subsection or the Solicitor of Labor may appear 

8 for and represent the Director in any litigation. 

9 ‘‘(d) RULEMAKING.— 

10 ‘‘(1) IN GENERAL.—The Secretary, acting 

11 through the Director and the Administrator of the 

12 Wage and Hour Office, may issue orders and guid13 ance or promulgate regulations as may be necessary 

14 or appropriate to enable the Secretary to carry out 

15 the purposes and objectives of this section, and to 

16 prevent evasions thereof. 

17 ‘‘(2) CONSULTATION.—In issuing orders and 

18 guidance or promulgating regulations under this 

19 subsection, the Secretary, acting through the Direc20 tor and the Administrator of the Wage and Hour 

21 Office, may consult with the Occupational Safety 

22 and Health Administration and Federal agencies 

23 that have jurisdiction over labor and employment 

24 issues, including the Equal Employment Oppor25 tunity Commission, the National Labor Relations 


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1 Board, the National Mediation Board, and the Merit 

2 Systems Protection Board.’’; 

3 (2) by inserting after section 7 (29 U.S.C. 207) 

4 the following: 

5 ‘‘SEC. 8. WAREHOUSE WORKER PROTECTIONS. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ADVERSE EMPLOYMENT ACTION.—The 

8 term ‘adverse employment action’, with respect to a 

9 covered employee, means a change by the covered 

10 employer of the covered employee in the compensa11 tion, terms, conditions, or privileges of the job of the 

12 covered employee that, from the perspective of a rea13 sonable person, puts the covered employee in a ma14 terially adverse position than prior to the change, in15 cluding termination, a reduction in benefits, discipli16 nary action, demotion, promotion, transfer, imposi17 tion of a work schedule more burdensome to the cov18 ered employee, reduction of scheduled hours, adjust19 ment in ability for promotion, or other modifications 

20 to compensation, terms, conditions, or privileges of 

21 employment. 

22 ‘‘(2) AGGREGATED WORK SPEED DATA.—The 

23 term ‘aggregated work speed data’ means employee 

24 work speed data that a covered employer has com25 bined, or collected together, in a summary or other 


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1 form so that the employee work speed data cannot, 

2 at any point, be identified or linked with any specific 

3 covered employee. 

4 ‘‘(3) COVERED FACILITY.—The term ‘covered 

5 facility’ means any warehouse distribution center de6 scribed in the North American Industry Classifica7 tion System code— 

8 ‘‘(A) 493, for warehousing and storage; 

9 ‘‘(B) 423, for merchant wholesalers, dura10 ble goods; 

11 ‘‘(C) 424, for merchant wholesalers, non12 durable goods; 

13 ‘‘(D) 454110, for electronic shopping and 

14 mail-order houses; or 

15 ‘‘(E) 492110, for couriers and express de16 livery services. 

17 ‘‘(4) COVERED EMPLOYEE.—The term ‘covered 

18 employee’ means an employee who— 

19 ‘‘(A) is employed by an employer for the 

20 performance of work at a covered facility; and 

21 ‘‘(B) is subject to a quota while performing 

22 work at such covered facility. 

23 ‘‘(5) COVERED EMPLOYER.—The term ‘covered 

24 employer’ means an employer that— 


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1 ‘‘(A) is engaged in commerce, in the pro2 duction of goods for commerce, or in an enter3 prise engaged in commerce or in the production 

4 of goods for commerce, including such an em5 ployer that is a contractor, subcontractor, tem6 porary service firm, staffing agency, inde7 pendent contractor, employee leasing entity, or 

8 similar entity; and 

9 ‘‘(B) employs a covered employee for the 

10 performance of work at a covered facility. 

11 ‘‘(6) DEFINED TIME PERIOD.—The term ‘de12 fined time period’ means any unit of time measure13 ment equal to or less than one day, including hours, 

14 minutes, and seconds and any fraction thereof. 

15 ‘‘(7) DESIGNATED EMPLOYEE REPRESENTA16 TIVE.—The term ‘designated employee representa17 tive’ means any representative designated by a cov18 ered employee, including an employee representative 

19 that has a collective bargaining relationship with the 

20 covered employer of the covered employee. 

21 ‘‘(8) DIRECTOR.—The term ‘Director’ means 

22 the Director of the Fairness and Transparency Of23 fice established by section 5. 

24 ‘‘(9) EGREGIOUS MISCONDUCT.—The term 

25 ‘egregious misconduct’, with respect to a covered 


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1 employee, means deliberate or grossly negligent con2 duct that endangers the safety or well-being of the 

3 covered employee, co-workers of the covered em4 ployer, customers, or other persons, including dis5 crimination against or harassment of co-workers, 

6 customers, or other persons. 

7 ‘‘(10) EMPLOYEE WORK SPEED DATA.—The 

8 term ‘employee work speed data’ means information 

9 a covered employer collects, stores, analyzes, or in10 terprets relating to the performance of work by a 

11 covered employee of the covered employer for a 

12 quota, including information with respect to the— 

13 ‘‘(A) quantities of tasks performed by the 

14 covered employee; 

15 ‘‘(B) quantities of items or materials han16 dled or produced by the covered employee; 

17 ‘‘(C) rates or speeds of tasks performed by 

18 the covered employee; 

19 ‘‘(D) measurements or metrics of covered 

20 employee performance in relation to a quota; or 

21 ‘‘(E) time categorized with respect to the 

22 covered employee as performing tasks or not 

23 performing tasks. 

24 ‘‘(11) QUOTA.—The term ‘quota’ means an ex25 press or implied performance standard or performVerDate Sep 11 2014 21:39 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4260.IS S4260

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1 ance target, including such a standard or target 

2 used to rank or compare an employee in relation to 

3 the performance of another employee or in relation 

4 to the past performance of the employee, under 

5 which— 

6 ‘‘(A)(i) an employee is actually or effec7 tively assigned, required, or expected within a 

8 defined time period (with or without any rea9 sonable accommodation provided under Federal, 

10 State, or local law) to— 

11 ‘‘(I) perform— 

12 ‘‘(aa) a quantified number 

13 of tasks; or 

14 ‘‘(bb) at a specified produc15 tivity speed; or 

16 ‘‘(II) handle or produce a quan17 tified amount of material without a 

18 certain number of errors or defects; 

19 and 

20 ‘‘(ii) such assignment, requirement, or ex21 pectation is measured at the individual or group 

22 level for such defined time period; 

23 ‘‘(B) actions by an employee are cat24 egorized and measured between time perVerDate Sep 11 2014 21:39 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4260.IS S4260

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1 forming tasks and not performing tasks within 

2 a defined time period; or 

3 ‘‘(C) increments of time of a defined time 

4 period during which an employee is or is not 

5 doing a particular activity are measured, re6 corded, or tallied. 

7 ‘‘(12) SIMILARLY SITUATED COVERED EM8 PLOYEE.—The term ‘similarly situated covered em9 ployee’, with respect to a covered employee, means 

10 another covered employee who holds the same job or 

11 responsibilities as the covered employee. 

12 ‘‘(13) TRIBAL GOVERNMENT.—The term ‘Tribal 

13 government’ means the recognized governing body of 

14 an Indian Tribe. 

15 ‘‘(14) WORKPLACE SURVEILLANCE.—The term 

16 ‘workplace surveillance’ means any employer surveil17 lance (on- or off-duty) with respect to an employee, 

18 including the detection, monitoring, interception, col19 lection, exploitation, preservation, protection, trans20 mission, or retention of data concerning activities or 

21 communications with respect to the employee, in22 cluding through the use of a product or service mar23 keted, or that can be used, for such purposes, such 

24 as a computer, telephone, wire, radio, camera, senVerDate Sep 11 2014 21:39 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4260.IS S4260

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1 sor, electromagnetic, photoelectronic, handheld or 

2 wearable device, or photo-optical system. 

3 ‘‘(15) WORK STATION.—The term ‘work sta4 tion’ means the area of a covered facility within 

5 which a covered employee is assigned to perform 

6 tasks for the longest duration of time during a day. 

7 ‘‘(b) COMMUNICATION WITH COVERED EMPLOYEES

8 REGARDING QUOTAS AND WORKPLACE SURVEILLANCE.— 

9 ‘‘(1) IN GENERAL.—On the later of the date a 

10 covered employee is hired by a covered employer or 

11 180 days after the date of enactment of this section, 

12 each covered employer shall provide to each covered 

13 employee of the covered employer— 

14 ‘‘(A) a written description of each quota to 

15 which the covered employee is subject, includ16 ing— 

17 ‘‘(i) as applicable, the quantified num18 ber of tasks to be performed or of mate19 rials to be produced or handled, or other 

20 performance measure, within the defined 

21 time period, for the quota; 

22 ‘‘(ii) any potential discipline or ad23 verse employment action that could result 

24 from failure to meet the quota; 


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1 ‘‘(iii) how performance targets or per2 formance standards for the quota are cal3 culated; 

4 ‘‘(iv) whether there is any incentive or 

5 bonus program associated with meeting or 

6 exceeding the quota and, if applicable, how 

7 the incentive or bonus program operates; 

8 and 

9 ‘‘(v) how the quota is monitored, in10 cluding a description of— 

11 ‘‘(I) what employee work speed 

12 data are being collected; 

13 ‘‘(II) how the employee work 

14 speed data are being collected, includ15 ing a description of any workplace 

16 surveillance technology used on the 

17 covered employee by the covered em18 ployer; 

19 ‘‘(III) where and when the em20 ployee work speed data are being col21 lected; 

22 ‘‘(IV) the frequency of the collec23 tion; 

24 ‘‘(V) where the storage of the 

25 employee work speed data is located; 


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1 ‘‘(VI) the business purposes for 

2 which the employee work speed data 

3 are being used; and 

4 ‘‘(VII) as applicable, the identity 

5 of any third party— 

6 ‘‘(aa) used for such work7 place surveillance; 

8 ‘‘(bb) to which data from 

9 such workplace surveillance is 

10 transferred; and 

11 ‘‘(cc) from which data of the 

12 covered individual is or may be 

13 purchased or acquired; and 

14 ‘‘(B) a written description of and training 

15 with respect to how the covered employee may 

16 file a complaint regarding a violation of this 

17 section or a standard promulgated under title 

18 III of the Warehouse Worker Protection Act. 

19 ‘‘(2) CHANGES TO QUOTA OR WORKPLACE SUR20 VEILLANCE.—Each covered employer shall provide 

21 to any applicable covered employee an updated writ22 ten description of any information provided under 

23 paragraph (1) not less than 2 business days before 

24 any changes with respect to such information are 

25 made. 


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1 ‘‘(3) REQUIREMENTS FOR TAKING AN ADVERSE

2 EMPLOYMENT ACTION ON QUOTA COMPLIANCE.— 

3 ‘‘(A) IN GENERAL.—A covered employer 

4 that takes an adverse employment action 

5 against a covered employee for work perform6 ance that does not meet requirements with re7 spect to a quota shall provide— 

8 ‘‘(i) a written explanation to the cov9 ered employee regarding the manner in 

10 which the covered employee failed to per11 form, including a description of the appli12 cable quota and a comparison of such work 

13 performance to such quota; and 

14 ‘‘(ii) if the adverse employment action 

15 was based on employee work speed data, a 

16 copy of the employee work speed data in a 

17 human-readable format that a reasonable 

18 individual can understand. 

19 ‘‘(B) NOTICE FOR ACTIONS UNRELATED

20 TO QUOTA.—A covered employer that, with re21 spect to any covered employee who is subject to 

22 a quota, takes an adverse employment action 

23 against such covered employee for any reason 

24 that is unrelated to compliance with the quota 

25 shall provide to such covered employee a written 


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1 confirmation that such action was unrelated to 

2 compliance with the quota. 

3 ‘‘(4) TERMINATION.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 clause (ii), a covered employer that seeks to ter6 minate a covered employee shall, regardless of 

7 whether the termination relates to work per8 formance with respect to a quota, provide to the 

9 covered employee a written notice of the intent 

10 to terminate the covered employee. 

11 ‘‘(B) EGREGIOUS MISCONDUCT.—Notwith12 standing subparagraph (A), a covered employer 

13 may terminate a covered employee without pro14 viding such written notice if the covered em15 ployee engaged in egregious misconduct. 

16 ‘‘(5) DESCRIPTIONS.—Each covered employer 

17 shall— 

18 ‘‘(A) provide any written description, no19 tice, explanation, or confirmation described in 

20 paragraph (1), (2), (3), or (4) to a covered em21 ployee— 

22 ‘‘(i) through a human representative 

23 of the covered employer at the work station 

24 of the covered employee; and 


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1 ‘‘(ii) in a manner required by the Di2 rector that— 

3 ‘‘(I) is accessible; 

4 ‘‘(II) allows the covered employee 

5 to transport the data in the descrip6 tion, notice, explanation, or confirma7 tion without hindrance; 

8 ‘‘(III) is in plain language; and 

9 ‘‘(IV) is in the primary language 

10 of the covered employee; and 

11 ‘‘(B) make such description, notice, expla12 nation, or confirmation available to the covered 

13 employee electronically. 

14 ‘‘(c) PROTECTION FROM QUOTAS.— 

15 ‘‘(1) PROHIBITED QUOTAS.—A covered em16 ployer may not require any quota for a covered em17 ployee that would— 

18 ‘‘(A) prevent— 

19 ‘‘(i) compliance with any required 

20 meal or rest period or any other break re21 quired by Federal, State, or local law; 

22 ‘‘(ii) compliance with health and safe23 ty provisions required by Federal, State, or 

24 local law; 


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1 ‘‘(iii) the use by the covered employee 

2 of bathroom facilities, including reasonable 

3 travel time to and from bathroom facilities 

4 that takes into account the architecture of 

5 the covered facility; or 

6 ‘‘(iv) compliance with a covered em7 ployee’s right to reasonable accommoda8 tions or nondiscrimination as required by 

9 Federal, State, or local law; 

10 ‘‘(B) set a performance target or perform11 ance standard that measures total output for 

12 the covered employee over an increment of time 

13 that is shorter than one day; 

14 ‘‘(C) measure and evaluate the output or 

15 performance of a covered employee during any 

16 paid or unpaid break to which the covered em17 ployee is entitled under applicable law, contract, 

18 or industry standard, including breaks to use 

19 bathroom facilities and reasonable travel time 

20 to and from bathroom facilities; 

21 ‘‘(D) prevent or discourage the covered 

22 employee from exercising any right under the 

23 National Labor Relations Act (29 U.S.C. 151 

24 et seq.) or any other Federal law; 


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1 ‘‘(E) prevent or discourage the covered em2 ployee from exercising any right guaranteed in 

3 an applicable collective bargaining agreement; 

4 or 

5 ‘‘(F) violate the generally accepted prin6 ciples of work measurement as set forth in the 

7 Code of Work Measurement Ethics of the 

8 American Institute of Industrial Engineers and 

9 recognized by the Secretary. 

10 ‘‘(2) ADVERSE EMPLOYMENT ACTION.—A cov11 ered employer may not take adverse employment ac12 tion against a covered employee for failure to meet 

13 a quota that— 

14 ‘‘(A) violates paragraph (1); 

15 ‘‘(B) was not described to the covered em16 ployee in accordance with subsection (b); 

17 ‘‘(C) is based solely on ranking the per18 formance of the covered employee in relation to 

19 the performance of another covered employee or 

20 in relation to the past performance of that cov21 ered employee; or 

22 ‘‘(D) is based on continuously measuring, 

23 recording, or tallying increments of time within 

24 a defined time period during which a covered 

25 employee is or is not doing a particular activity. 


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1 ‘‘(d) MINIMIZATION.— 

2 ‘‘(1) COLLECTION.—In establishing, maintain3 ing, or using employee work speed data with respect 

4 to a quota for a covered employee, a covered em5 ployer may not collect, use, maintain, or transfer 

6 data on or of the covered employee except as strictly 

7 necessary to monitor the compliance of the covered 

8 employee with the quota. 

9 ‘‘(2) EMPLOYEE ACCESS.—In establishing, 

10 maintaining, or using employee work speed data 

11 with respect to a quota for a covered employee, a 

12 covered employer may not disclose any information 

13 collected on a covered employee with respect to the 

14 quota to any other covered employee of the covered 

15 employer except as strictly necessary to fulfill a spe16 cific and reasonable business rationale of the covered 

17 employer. 

18 ‘‘(e) RECORDKEEPING.— 

19 ‘‘(1) IN GENERAL.—Each covered employer 

20 shall— 

21 ‘‘(A) maintain contemporaneous records, 

22 with respect to each covered employee of the 

23 covered employer, of— 

24 ‘‘(i) the employee work speed data of 

25 each such covered employee; 


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1 ‘‘(ii) the aggregated work speed data 

2 for similarly situated covered employees at 

3 the same place where each such covered 

4 employee performs work for the covered 

5 employer; and 

6 ‘‘(iii) the written descriptions of the 

7 quota of each such covered employee pro8 vided under subsection (b)(1); 

9 ‘‘(B) maintain such records for the dura10 tion of the employment of each relevant covered 

11 employee; and 

12 ‘‘(C) make such records available to the 

13 Secretary upon request. 

14 ‘‘(2) SUPPLEMENTATION AND DISPUTE OF

15 RECORDS.— 

16 ‘‘(A) SUPPLEMENTATION OF RECORDS.— 

17 Each covered employer shall enable a covered 

18 employee, upon request of the covered employee 

19 at or after the time of any employee work speed 

20 data collection with respect to the covered em21 ployee, to supplement the employee work speed 

22 data by recording any reason the covered em23 ployee provides for any defined time period dur24 ing which the covered employee was not per25 forming work-related tasks, including because 


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1 the covered employee was taking a paid or un2 paid break, using a bathroom facility (including 

3 reasonable travel to and from the facility), re4 porting an injury or receiving attention due to 

5 an injury, exercising a right guaranteed under 

6 the National Labor Relations Act (29 U.S.C. 

7 151 et seq.) or another Federal law, or exer8 cising a right guaranteed under an applicable 

9 covered bargaining agreement. 

10 ‘‘(B) DISPUTE PROCESS.— 

11 ‘‘(i) IN GENERAL.—Each covered em12 ployer shall enable a covered employee, 

13 upon request of the covered employee at or 

14 after the time of any data collection with 

15 respect to the covered employee, to review 

16 and request correction of the employee 

17 work speed data in accordance with clause 

18 (ii). 

19 ‘‘(ii) CORRECTION OF EMPLOYEE

20 WORK SPEED DATA.—A covered employer 

21 that receives a request by a covered em22 ployee under clause (i) shall— 

23 ‘‘(I) investigate and determine 

24 whether the employee work speed data 

25 is inaccurate; and 


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1 ‘‘(II) if determined to be inac2 curate— 

3 ‘‘(aa) promptly correct the 

4 inaccurate data and notify the 

5 covered employee of the covered 

6 employer’s determination and 

7 correction; and 

8 ‘‘(bb) review and adjust, as 

9 appropriate, any adverse employ10 ment action that was, partially or 

11 solely, based on the inaccurate 

12 data and notify the covered em13 ployee of the adjustment. 

14 ‘‘(3) RETENTION OF RECORDS.— 

15 ‘‘(A) IN GENERAL.—After the termination 

16 of employment of a covered employee of a cov17 ered employer, the covered employer shall— 

18 ‘‘(i) for not less than 3 years after the 

19 date of such termination, retain the 

20 records described in paragraph (1) with re21 spect to the 6-month period prior to such 

22 date; and 

23 ‘‘(ii) make such records available to 

24 the Secretary upon request. 


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1 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

2 this subsection shall require a covered employer to 

3 keep records described in paragraph (1) with respect 

4 to employee work speed data if such covered em5 ployer does not otherwise monitor employee work 

6 speed data. 

7 ‘‘(f) RIGHT TO REQUEST.— 

8 ‘‘(1) IN GENERAL.—A covered employer shall, 

9 upon receiving a request under paragraph (2) or (3), 

10 provide the relevant copies described in such para11 graphs to, as the case may be, the covered employee, 

12 designated employee representative, or individual 

13 who was a covered employee— 

14 ‘‘(A) except as provided in subparagraph 

15 (B)(ii), at no cost to the covered employee, des16 ignated employee representative, or individual 

17 who was a covered employee; 

18 ‘‘(B) with respect to— 

19 ‘‘(i) a covered employee, by a human 

20 representative of the covered employer; or 

21 ‘‘(ii) a designated employee represent22 ative or an individual who was a covered 

23 employee, by a human representative of 

24 the covered employer or through the mail 

25 (at the cost of the designated employee 


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1 representative or individual, respectively); 

2 and 

3 ‘‘(C) as soon as practicable but not later 

4 than— 

5 ‘‘(i) 7 business days after receipt of a 

6 request for such copies with respect to em7 ployee work speed data or aggregate work 

8 speed data; or 

9 ‘‘(ii) 2 business days after receipt of a 

10 request for any other copy. 

11 ‘‘(2) REQUESTS DURING EMPLOYMENT.—A cov12 ered employee, or a designated employee representa13 tive of such covered employee at the request of the 

14 covered employee, may request from the covered em15 ployer of the covered employee a copy of the written 

16 description described under subsection (b), a copy of 

17 the employee work speed data (in a human-readable 

18 format that a reasonable individual can understand) 

19 of the covered employee for the preceding 6-month 

20 period, and a copy of the aggregated work speed 

21 data (in a human-readable format that a reasonable 

22 individual can understand) for similarly situated cov23 ered employees at the same place where the covered 

24 employee performs work for the covered employer 

25 for the preceding 6-month period. 


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1 ‘‘(3) REQUESTS AFTER EMPLOYMENT TERMI2 NATION.—An individual who was a covered employee 

3 with respect to a covered employer, or a designated 

4 employee representative with respect to such an indi5 vidual, may, not later than 3 years after the date of 

6 termination of employment of the covered employee 

7 with the covered employer, request from the covered 

8 employer a copy of— 

9 ‘‘(A) the written description described 

10 under subsection (b) effective on the date of 

11 termination of the covered employee; 

12 ‘‘(B) the employee work speed data (in a 

13 human-readable format that a reasonable indi14 vidual can understand) of the covered employee 

15 for the 6-month period prior to such date of 

16 termination; and 

17 ‘‘(C) the aggregated work speed data (in a 

18 human-readable format that a reasonable indi19 vidual can understand) for similarly situated 

20 covered employees at the same place where the 

21 covered employee performs work for the covered 

22 employer for such 6-month period. 

23 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

24 this subsection shall require a covered employer to— 

25 ‘‘(A) monitor employee work speed data; or 


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1 ‘‘(B) provide information related to em2 ployee work speed data if the covered employer 

3 does not otherwise monitor such employee work 

4 speed data. 

5 ‘‘(g) POSTING OF NOTICES.— 

6 ‘‘(1) IN GENERAL.—Each covered employer 

7 shall post, in a conspicuous and accessible location, 

8 a notice in the covered facility of the covered em9 ployer regarding the rights of covered employees 

10 under this section, including what constitutes a per11 missible quota, the right to request quota descrip12 tions and employee speed data information, and the 

13 right to make a complaint to Federal authorities re14 garding a violation of any right under this section. 

15 ‘‘(2) REQUIREMENTS FOR NOTICES.—Each no16 tice described in paragraph (1) shall be in a manner 

17 required by the Director that— 

18 ‘‘(A) is in plain language; and 

19 ‘‘(B) is in English, Spanish, and any other 

20 language that constitutes the primary language 

21 of any covered employee at the covered facility. 

22 ‘‘(h) BREAKS FOR COVERED EMPLOYEES.— 

23 ‘‘(1) IN GENERAL.—Each covered employer 

24 shall— 


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1 ‘‘(A) with respect to each covered employee 

2 of such covered employer— 

3 ‘‘(i) provide, for every 4 hours of work 

4 by such a covered employee, to the covered 

5 employee not less than one 15-minute rest 

6 break paid at the regular rate at which the 

7 covered employee is employed; and 

8 ‘‘(ii) provide, at the time the covered 

9 employer hires such a covered employee, 

10 notice to the covered employee, in plain 

11 language and the primary language of the 

12 covered employee, that— 

13 ‘‘(I) the covered employee is enti14 tled to the paid rest breaks described 

15 in clause (i); 

16 ‘‘(II) retaliation by the covered 

17 employer against the covered employee 

18 for requesting or taking such paid 

19 rest breaks is prohibited; and 

20 ‘‘(III) the covered employee, or a 

21 designated employee representative of 

22 the covered employee, has a right to 

23 file a complaint with the Secretary for 

24 any violation by the covered employer 

25 of this subsection; and 


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1 ‘‘(B) display, in a conspicuous and acces2 sible location, a sign at each covered facility of 

3 the covered employer that includes, in English, 

4 Spanish, and any other language that con5 stitutes the primary language of any covered 

6 employee at the covered facility, the information 

7 in the notice described in subparagraph (A)(ii). 

8 ‘‘(2) NOTICE.—Not later than 180 days after 

9 the date of enactment of this section, the Secretary 

10 shall issue regulations with respect to the design and 

11 content of the sign described in paragraph (1)(B), 

12 including a sample design. 

13 ‘‘(3) INTERACTION WITH OTHER LAWS.—Noth14 ing in this subsection shall be construed to super15 sede or preempt any Federal, State, or local law or 

16 collective bargaining agreement requiring longer 

17 paid rest breaks than those required under para18 graph (1)(A)(i). 

19 ‘‘(i) UNLAWFUL RETALIATION.— 

20 ‘‘(1) IN GENERAL.—A person, including a cov21 ered employer, an agent of a covered employer, or 

22 person acting as or on behalf of a covered employer 

23 conducting hiring or any related activity, or an offi24 cer or agent of any entity, business, corporation, 

25 partnership, or limited liability company, may not— 


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1 ‘‘(A) discharge or in any way retaliate, dis2 criminate, or take any adverse employment ac3 tion against any individual for exercising any 

4 right conferred under this section, or for being 

5 perceived as exercising such a right, including 

6 for— 

7 ‘‘(i) requesting copies under sub8 section (f); 

9 ‘‘(ii) filing a complaint under subpara10 graph (A) of section 16(f) regarding a vio11 lation of this section or designating a rep12 resentative in accordance with subpara13 graph (B) of such section to file such a 

14 complaint; or 

15 ‘‘(iii) commencing a proceeding under 

16 section 16(b) for a violation of this section; 

17 or 

18 ‘‘(B) otherwise prevent an individual for 

19 exercising such a right or take any action 

20 against an individual that might deter a reason21 able employee from asserting a right conferred 

22 under this section. 

23 ‘‘(2) PROTECTIONS FOR GOOD FAITH ALLEGA24 TIONS.—The protections under paragraph (1) shall 

25 apply to any individual who mistakenly, but in good 


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1 faith, alleges a violation of a requirement of this sec2 tion. 

3 ‘‘(3) EXPLICIT REFERENCE NOT REQUIRED.—A 

4 complaint or other communication by an individual, 

5 including a covered employee, may be the exercise of 

6 a right for purposes of paragraph (1) regardless of 

7 whether the complaint or communication is in writ8 ing or makes explicit reference to this Act. 

9 ‘‘(4) REBUTTABLE PRESUMPTION.—If a person 

10 takes adverse action against a covered employee 

11 within 90 days of the covered employee engaging, or 

12 attempting to engage in, activities protected by para13 graph (1), such conduct shall establish a rebuttable 

14 presumption that the adverse action is an adverse 

15 action in violation of such paragraph. Such pre16 sumption may be rebutted by clear and convincing 

17 evidence that— 

18 ‘‘(A) the action was taken for other per19 missible reasons; and 

20 ‘‘(B) the engaging or attempting to engage 

21 in activities protected by paragraph (1) was not 

22 a motivating factor in the adverse action. 

23 ‘‘(j) QUOTA TASK FORCE.—Not later than 90 days 

24 after the date of the enactment of this section, the Direc25 tor shall convene a task force with labor organizations, 


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1 worker advocacy organizations, and covered employees to 

2 develop strategies for labor organizations and worker ad3 vocacy organizations to— 

4 ‘‘(1) assist in the enforcement of this section; 

5 ‘‘(2) train covered employees with respect to 

6 new rights provided through this section; and 

7 ‘‘(3) provide the Director with recommendations 

8 on the implementation of regulations related to this 

9 section.’’; 

10 (3) in section 9 (29 U.S.C. 208), by striking 

11 ‘‘and investigation’’ and inserting ‘‘, investigation, or 

12 inspection’’; 

13 (4) by repealing section 10 (29 U.S.C. 210); 

14 (5) in section 11 (29 U.S.C. 211), by adding at 

15 the end the following: 

16 ‘‘(e)(1) The Secretary, acting through the Director 

17 of the Fairness and Transparency Division, shall, as pro18 vided in subsection (a) and paragraph (2), investigate vio19 lations of section 8, including any violations of any regula20 tion or order issued with respect to that section. 

21 ‘‘(2) In addition to powers otherwise provided to the 

22 Secretary under subsection (a), the Secretary, in inves23 tigating violations of section 8, may upon presenting ap24 propriate credentials to the owner, operator, or agent in 

25 charge— 


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1 ‘‘(A) enter without delay and at reasonable 

2 times any covered facility of a covered employer; and 

3 ‘‘(B) inspect and investigate during regular 

4 working hours and at other reasonable times, and 

5 within reasonable limits and in a reasonable manner, 

6 any such covered facility and all pertinent condi7 tions, structures, machines, apparatus, devices, 

8 equipment, and materials therein, and to question 

9 privately any such covered employer, owner, oper10 ator, agent, or covered employee. 

11 ‘‘(3)(A) In conducting an inspection during an inves12 tigation into a violation of section 8, the Secretary shall 

13 permit, at the request of a covered employee, a representa14 tive of a labor organization or a worker advocacy organiza15 tion, or another designee of the covered employee, to ac16 company any inspectors during such inspection. 

17 ‘‘(B) A covered employee may, regardless of the rela18 tionship between the covered employee and the labor orga19 nization, worker advocacy organization, or other designee, 

20 anonymously request to the Secretary that the Secretary 

21 permit a representative of such labor organization, worker 

22 advocacy organization, or other designee accompany in23 spectors during an inspection in accordance with para24 graph (1). 


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1 ‘‘(f)(1) Not later than 30 days after an event de2 scribed in paragraph (2), the Secretary shall open an in3 vestigation under this section (that includes an on-site in4 spection) into any covered employer to determine if such 

5 covered employer is violating section 8. 

6 ‘‘(2) An event described in this paragraph is, with 

7 respect to a covered employer, either of the following: 

8 ‘‘(A) The Secretary determines that the covered 

9 employer— 

10 ‘‘(i) has an annual total of employee work 

11 hours that is not less than 40,000 hours; and 

12 ‘‘(ii) has an annual employee injury rate, 

13 overall or at a worksite, that is not less than 

14 1.5 times the warehousing industry’s average 

15 annual injury rate, as determined by the Bu16 reau of Labor Statistics in the most recent (as 

17 of such determination) publication regarding 

18 fatal and nonfatal occupational injuries and ill19 nesses data. 

20 ‘‘(B) The Secretary receives, during any one21 year period, not less than— 

22 ‘‘(i) 5 credible complaints from covered 

23 employees of the covered employer, individuals 

24 who were covered employees of the covered em25 ployer, or designated representatives of such 


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1 covered employees or individuals, about viola2 tions under section 8 at a worksite; or 

3 ‘‘(ii) 10 credible complaints from covered 

4 employees of the covered employer, individuals 

5 who were covered employees of the covered em6 ployer, or designated representatives of such 

7 covered employees or individuals, about such 

8 violations at multiple worksites operated by the 

9 covered employer. 

10 ‘‘(3) In conducting an investigation under paragraph 

11 (1), the Secretary shall select representatives of a labor 

12 organization or a worker advocacy organization who have 

13 specific knowledge of the relevant industry to conduct out14 reach to workers with respect to such investigation and 

15 aid and accompany investigators in such investigation. 

16 ‘‘(g) For purposes of subsections (e) and (f), the 

17 terms ‘covered employee’, ‘covered employer’, and ‘covered 

18 facility’ have the meanings given such terms in section 

19 8(a).’’; 

20 (6) in section 15(a) (29 U.S.C. 215(a))— 

21 (A) in paragraph (5), by striking ‘‘; and’’ 

22 and inserting a semicolon; 

23 (B) in paragraph (6), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(7) to violate any of the provisions of section 

2 8.’’; and 

3 (7) in section 16 (29 U.S.C. 216)— 

4 (A) in subsection (b)— 

5 (i) by striking ‘‘15(a)(3)’’ each place 

6 it appears and inserting ‘‘8, 15(a)(3),’’; 

7 (ii) in the second sentence, by insert8 ing ‘‘and, in the case of a violation of sec9 tion 8, of an amount for the direct or fore10 seeable pecuniary harms resulting from the 

11 violation and an amount equal to $10,000 

12 per violation of subsection (b), (d), (e), (f), 

13 or (g) of such section or an amount equal 

14 to $25,000 per violation of subsection (c), 

15 (h), or (i) of such section’’ before the pe16 riod at the end of the sentence; and 

17 (iii) in the fifth sentence, by striking 

18 ‘‘No’’ and inserting ‘‘Except with respect 

19 to an action brought regarding a violation 

20 of section 8, no’’; and 

21 (B) in subsection (e)— 

22 (i) by redesignating paragraphs (3), 

23 (4), and (5) as paragraphs (4), (5), and 

24 (6), respectively; and 


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1 (ii) by inserting after paragraph (2), 

2 the following: 

3 ‘‘(3) Any person who violates section 8 shall be 

4 subject to a civil penalty— 

5 ‘‘(A) in an amount not more than $76,987 

6 per violation; or 

7 ‘‘(B) for repeat or willful violations, in an 

8 amount not more than $769,870 per viola9 tion.’’; and 

10 (iii) in paragraph (4)(C), as so redes11 ignated, by striking ‘‘section 15(a)(4)’’ and 

12 inserting ‘‘paragraph (4) or (7) of section 

13 15(a)’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(f) ADMINISTRATIVE COMPLAINTS REGARDING

16 WAREHOUSE WORKER PROTECTIONS.— 

17 ‘‘(1) IN GENERAL.—A covered employee or an 

18 individual who was a covered employee may— 

19 ‘‘(A) file a complaint of a violation of sec20 tion 8 with the Secretary; and 

21 ‘‘(B) designate a representative of a labor 

22 organization or worker advocacy organization, 

23 regardless of the relationship between the cov24 ered employee or individual and the labor orga25 nization or worker advocacy organization, to— 


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1 ‘‘(i) file the complaint on behalf of the 

2 covered employee or individual; or 

3 ‘‘(ii) represent the covered employee 

4 or individual for purposes of engagement 

5 with the Secretary regarding such com6 plaint, including being present at employee 

7 interviews and participating in workplace 

8 inspections, conferences, and settlement 

9 negotiations. 

10 ‘‘(2) DEFINITION OF COVERED EMPLOYEE.— 

11 For purposes of paragraph (1), the term ‘covered 

12 employee’ has the meaning given such term in sec13 tion 8(a). 

14 ‘‘(g) EXEMPTION FROM THE FEDERAL ARBITRATION

15 ACT REGARDING WAREHOUSE WORKER PROTECTIONS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding chapter 1 

17 of title 9, United States Code (commonly known as 

18 the ‘Federal Arbitration Act’), no predispute arbitra19 tion agreement or predispute joint-action waiver (as 

20 those terms are defined in section 401 of title 9, 

21 United States Code) shall be valid or enforceable 

22 with respect to claims arising under this Act for vio23 lations of section 8. 

24 ‘‘(2) ARBITRATION PURSUANT TO A COLLEC25 TIVE BARGAINING AGREEMENT.—Nothing in this 


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1 subsection shall limit the enforceability of any arbi2 tration provision in a collective bargaining agree3 ment between a covered employer (as defined in sec4 tion 8(a)) and a labor organization. 

5 ‘‘(h) EXCEPTION FROM CLASS ACTION PRE6 REQUISITES FOR ACTIONS REGARDING WAREHOUSE

7 WORKER PROTECTIONS.—An employee who brings an ac8 tion for a violation of section 8 on behalf of employees 

9 similarly situated shall be considered to have satisfied 

10 paragraphs (1) through (4) of rule 23(a) of the Federal 

11 Rules of Civil Procedure for purposes of such an action.’’. 

12 SEC. 102. REFERRAL OF COMPLAINTS. 

13 (a) MEMORANDUM OF UNDERSTANDING.—The Di14 rector of the Fairness and Transparency Office estab15 lished by section 5 of the Fair Labor Standards Act of 

16 1938 (as added by section 101) and the Administrator of 

17 the Wage and Hour Office of the Department of Labor 

18 shall jointly enter into a memorandum of understanding 

19 with the Assistant Secretary of Labor for Occupational 

20 Safety and Health to encourage efficient enforcement of 

21 relevant labor laws, including through information shar22 ing, referral of complaints, and cross-training of inspec23 tors and investigators. The memorandum of under24 standing shall encourage coordination of enforcement ac25 tivity in States enforcing relevant labor law under a State 


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1 plan that has been approved by the Secretary under sec2 tion 18 of the Occupational Safety and Health Act of 1970 

3 (29 U.S.C. 667). 

4 (b) REFERRAL OF COMPLAINTS AND CROSS-TRAIN5 ING.—The Director of the Fairness and Transparency Of6 fice shall, to the greatest extent possible— 

7 (1) encourage the referral of relevant com8 plaints from and to the Equal Employment Oppor9 tunity Commission, the National Institute for Occu10 pational Safety and Health, the Environmental Pro11 tection Agency, the National Labor Relations Board, 

12 and other Federal and State agencies that may con13 duct inspections related to occupational health and 

14 safety in covered facilities (as defined in section 8(a) 

15 of the Fair Labor Standards Act of 1938); and 

16 (2) promote cross-training of inspectors and in17 vestigators in the Equal Employment Opportunity 

18 Commission, National Institute for Occupational 

19 Safety and Health, Environmental Protection Agen20 cy, and such other Federal and State agencies for 

21 inspections related to working conditions in such 

22 covered facilities. 


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1 TITLE II—NATIONAL LABOR 

2 RELATIONS ACT 

3 SEC. 201. AMENDMENTS TO NATIONAL LABOR RELATIONS 

4 ACT. 

5 (a) IN GENERAL.—Section 8(a) of the National 

6 Labor Relations Act (29 U.S.C. 158) is amended— 

7 (1) in paragraph (5) by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(6) to impose on an employee a quota that sig11 nificantly discourages or prevents, or is intended to 

12 significantly discourage or prevent, an employee 

13 from exercising the rights guaranteed in section 7.’’. 

14 (b) PRESUMPTION OF RETALIATION.—Section 8 of 

15 the such Act (29 U.S.C. 158) is amended by adding at 

16 the end the following: 

17 ‘‘(h) PRESUMPTION OF RETALIATION RELATED TO

18 A QUOTA.—Any action to impose a quota on an employee 

19 that is taken against the employee within 90 days of an 

20 employee exercising the rights guaranteed in section 7 

21 shall establish a rebuttable presumption that the action 

22 is discrimination against the employee in violation of sub23 section (a)(6).’’. 

24 (c) DEFINITIONS.—Section 2 such Act (29 U.S.C. 

25 152) is amended by adding at the end the following: 


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1 ‘‘(15) QUOTA.— 

2 ‘‘(A) IN GENERAL.—The term ‘quota’ 

3 means a performance standard or performance 

4 target, including such a standard or target used 

5 to rank an employee in relation to the perform6 ance of another employee or in relation to the 

7 past performance of the employee, under 

8 which— 

9 ‘‘(i)(I) an employee is actually or ef10 fectively assigned, required, or expected 

11 within a defined time period (with or with12 out any reasonable accommodation pro13 vided under Federal, State, or local law) 

14 to— 

15 ‘‘(aa) perform— 

16 ‘‘(AA) a quantified 

17 number of tasks; or 

18 ‘‘(BB) at a specified 

19 productivity speed; or 

20 ‘‘(bb) handle or produce a 

21 quantified amount of material 

22 without a certain number of er23 rors or defects; and 

24 ‘‘(II) such assignment, requirement, 

25 or expectation is measured at the indiVerDate Sep 11 2014 21:39 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S4260.IS S4260

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1 vidual or group level for such defined time 

2 period; 

3 ‘‘(ii) actions by an employee are cat4 egorized and measured between time per5 forming tasks and not performing tasks 

6 within a defined time period; or 

7 ‘‘(iii) increments of time of a defined 

8 time period during which an employee is or 

9 is not doing a particular activity are meas10 ured, recorded, or tallied. 

11 ‘‘(B) DEFINED TIME PERIOD.—For pur12 poses of subparagraph (A), the term ‘defined 

13 time period’ means any unit of time measure14 ment equal to or less than one day, including 

15 hours, minutes, and seconds and any fraction 

16 thereof.’’. 

17 SEC. 202. NATIONAL LABOR RELATIONS BOARD REPORT. 

18 The National Labor Relations Board shall— 

19 (1) examine cases in which a quota (as such 

20 term is defined in section 2 of the National Labor 

21 Relations Act (29 U.S.C. 152)) was used as a rea22 son to deny a worker rights under the National 

23 Labor Relations Act; and 

24 (2) as often as practicable, submit a report on 

25 such cases to— 


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1 (A) the Committee on Health, Education, 

2 Labor, and Pensions of the Senate; and 

3 (B) the Committee on Education and the 

4 Workforce of the House of Representatives. 

5 TITLE III—OSHA STANDARDS 

6 SEC. 301. STANDARD PROTECTING COVERED EMPLOYEES 

7 FROM OCCUPATIONAL RISK FACTORS CAUS8 ING MUSCULOSKELETAL DISORDERS. 

9 (a) PROPOSED STANDARD.—Not later than 3 years 

10 after the date of enactment of this Act, the Secretary 

11 shall, pursuant to section 6 of the Occupational Safety and 

12 Health Act of 1970 (29 U.S.C. 655), publish in the Fed13 eral Register a proposed standard for ergonomic program 

14 management for covered employers with respect to covered 

15 employees, including requirements for— 

16 (1) hazard identification and ergonomic job 

17 evaluations for covered employees, including require18 ments for covered employee and designated employee 

19 representative participation in such identification 

20 with the aim of maximizing such participation; 

21 (2) hazard control at covered facilities, which 

22 may rely on the principles of the hierarchy of con23 trols and which may include measures such as equip24 ment and workstation redesign, work pace reducVerDate Sep 11 2014 21:39 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S4260.IS S4260

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1 tions, or job rotation to less forceful or repetitive 

2 jobs; 

3 (3) training for covered employees regarding 

4 covered employer activities, occupational risk factors, 

5 and training on controls and recognition of symp6 toms of musculoskeletal disorders; and 

7 (4) medical management for covered employees 

8 that includes— 

9 (A) encouraging early reporting of mus10 culoskeletal disorder symptoms; 

11 (B) first aid delivered by those operating 

12 under State licensing requirements; and 

13 (C) systematic evaluation and early refer14 ral for medical attention. 

15 (b) FINAL STANDARD.—Not later than 4 years after 

16 the date of enactment this Act, the Secretary shall, pursu17 ant to section 6 of the Occupational Safety and Health 

18 Act of 1970 (29 U.S.C. 655), publish in the Federal Reg19 ister a final standard based on the proposed standard 

20 under subsection (a). 


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1 SEC. 302. STANDARD FOR PROTECTING COVERED EMPLOY2 EES FROM DELAYS IN MEDICAL TREATMENT 

3 REFERRALS FOLLOWING INJURIES OR ILL4 NESSES. 

5 (a) PROPOSED STANDARD.—Not later than 1 year 

6 after the date of enactment of this Act, the Secretary 

7 shall, pursuant to section 6 of the Occupational Safety and 

8 Health Act of 1970 (29 U.S.C. 655), publish in the Fed9 eral Register a proposed standard requiring that— 

10 (1) all covered employers have a person readily 

11 available at the covered facility of the covered em12 ployer who is adequately trained to render first aid 

13 and ensure that such person provides first aid to any 

14 injured or ill covered employee and, without delay, 

15 refers any such covered employee who reports an in16 jury or illness that requires further medical treat17 ment to an appropriate medical professional for such 

18 treatment; and 

19 (2) all covered employers provide to the covered 

20 employees of the covered employer occupational med21 icine consultation services through a physician who 

22 is board certified in occupational medicine, which 

23 services shall include— 

24 (A) regular review of any health and safety 

25 program, medical management program, or 

26 ergonomics program of the covered employer; 


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1 (B) review of any work-related injury or 

2 illness of a covered employee; 

3 (C) providing onsite health services for 

4 treatment of such injury or illness; and 

5 (D) consultation referral to a local health 

6 care provider for treating such injury or illness. 

7 (b) FINAL STANDARD.—Not later than 3 years after 

8 the date of enactment of this Act, the Secretary shall, pur9 suant to section 6 of the Occupational Safety and Health 

10 Act of 1970 (29 U.S.C. 655), publish in the Federal Reg11 ister a final standard based on the proposed standard 

12 under subsection (a). 

13 SEC. 303. CORRECTION OF SERIOUS, WILLFUL, OR RE14 PEATED VIOLATIONS PENDING CONTEST AND 

15 PROCEDURES FOR A STAY. 

16 (a) IN GENERAL.—Section 10 of the Occupational 

17 Safety and Health Act of 1970 (29 U.S.C. 659) is amend18 ed by adding at the end the following: 

19 ‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE20 PEATED VIOLATIONS PENDING CONTEST AND PROCE21 DURES FOR A STAY.— 

22 ‘‘(1) PERIOD PERMITTED FOR CORRECTION OF

23 SERIOUS, WILLFUL, OR REPEATED VIOLATIONS.— 

24 For each violation which the Secretary designates as 

25 serious, willful, or repeated, the period permitted for 


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1 the correction of the violation shall begin to run 

2 upon receipt of the citation. 

3 ‘‘(2) FILING OF A MOTION OF CONTEST.—The 

4 filing of a notice of contest by an employer shall not 

5 operate as a stay of the period for correction of a 

6 violation designated as serious, willful, or repeated. 

7 ‘‘(3) CRITERIA AND RULES OF PROCEDURE FOR

8 STAYS.— 

9 ‘‘(A) MOTION FOR A STAY.—An employer 

10 that receives a citation alleging a violation des11 ignated as serious, willful, or repeated and that 

12 files a notice of contest to the citation asserting 

13 that the time set for abatement of the alleged 

14 violation is unreasonable or challenging the ex15 istence of the alleged violation may file with the 

16 Commission a motion to stay the period for the 

17 abatement of the violation. 

18 ‘‘(B) CRITERIA.—In determining whether 

19 a stay should be issued on the basis of a motion 

20 filed under subparagraph (A), the Commission 

21 may grant a stay only if the employer has dem22 onstrated— 

23 ‘‘(i) a substantial likelihood of success 

24 on the areas contested under subparagraph 

25 (A); and 


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1 ‘‘(ii) that a stay will not adversely af2 fect the health and safety of employees. 

3 ‘‘(C) RULES OF PROCEDURE.—The Com4 mission shall develop rules of procedure for con5 ducting a hearing on a motion filed under sub6 paragraph (A) on an expedited basis. At a min7 imum, such rules shall provide the following: 

8 ‘‘(i) That a hearing before an admin9 istrative law judge shall occur not later 

10 than 15 days following the filing of the 

11 motion for a stay (unless extended at the 

12 request of the employer), and shall provide 

13 for a decision on the motion not later than 

14 15 days following the hearing (unless ex15 tended at the request of the employer). 

16 ‘‘(ii) That a decision of an administra17 tive law judge on a motion for stay is ren18 dered on a timely basis. 

19 ‘‘(iii) That if a party is aggrieved by 

20 a decision issued by an administrative law 

21 judge regarding the stay, such party has 

22 the right to file an objection with the Com23 mission not later than 5 days after receipt 

24 of the administrative law judge’s decision. 

25 Within 10 days after receipt of the objecVerDate Sep 11 2014 21:39 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S4260.IS S4260

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1 tion, a Commissioner, if a quorum is seat2 ed pursuant to section 12(f), shall decide 

3 whether to grant review of the objection. 

4 If, within 10 days after receipt of the ob5 jection, no decision is made on whether to 

6 review the decision of the administrative 

7 law judge, the Commission declines to re8 view such decision, or no quorum is seated, 

9 the decision of the administrative law 

10 judge shall become a final order of the 

11 Commission. If the Commission grants re12 view of the objection, the Commission shall 

13 issue a decision regarding the stay not 

14 later than 30 days after receipt of the ob15 jection. If the Commission fails to issue 

16 such decision within 30 days, the decision 

17 of the administrative law judge shall be18 come a final order of the Commission. 

19 ‘‘(iv) For notification to employees or 

20 representatives of affected employees of re21 quests for such hearings, and to provide an 

22 opportunity for affected employees or rep23 resentatives of affected employees to par24 ticipate as parties to such hearings.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) IN GENERAL.—The Occupational Safety 

2 and Health Act of 1970 is amended— 

3 (A) in the first sentence of section 10(b) 

4 (29 U.S.C. 659(b)), by inserting ‘‘, with the ex5 ception of violations designated as serious, will6 ful, or repeated,’’ after ‘‘(which period shall not 

7 begin to run’’; and 

8 (B) in section 17 (29 U.S.C. 666) by strik9 ing subsection (d) and inserting the following: 

10 ‘‘(d) Any employer who fails to correct a violation 

11 designated by the Secretary as serious, willful, or repeated 

12 and for which a citation has been issued under section 9(a) 

13 within the period permitted for its correction (and a stay 

14 has not been issued by the Commission under section 

15 10(d)) may be assessed a civil penalty of not more than 

16 $7,000 for each day during which such failure or violation 

17 continues. Any employer who fails to correct any other vio18 lation for which a citation has been issued under section 

19 9(a) of this title within the period permitted for its correc20 tion (which period shall not begin to run until the date 

21 of the final order of the Commission in the case of any 

22 review proceeding under section 10 initiated by the em23 ployer in good faith and not solely for delay of avoidance 

24 of penalties) may be assessed a civil penalty of not more 


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1 than $7,000 for each day during which such failure or vio2 lation continues.’’. 

3 (2) ADJUSTMENT UNDER THE FEDERAL CIVIL

4 PENALTIES INFLATION ADJUSTMENT ACT OF 1990.— 

5 (A) CATCH-UP.—Not later than 1 year 

6 after the date of enactment of this Act, the Sec7 retary of Labor shall adjust the maximum 

8 amounts described in subsection (d) of section 

9 17 of the Occupational Safety and Health Act 

10 of 1970 (29 U.S.C. 666), as amended by para11 graph (1)(B), so that each such amount equals 

12 the maximum amount of the civil penalty under 

13 such subsection (as in effect on the day before 

14 such date of enactment) as adjusted by section 

15 4 of the Federal Civil Penalties Inflation Ad16 justment Act of 1990 (28 U.S.C. 2461 note). 

17 (B) SUBSEQUENT ADJUSTMENTS.—Sub18 paragraph (A) and the amendment made by 

19 this paragraph (1)(B) shall not be construed to 

20 affect the application of the Federal Civil Pen21 alties Inflation Adjustment Act of 1990 (28 

22 U.S.C. 2461 note) to the civil penalty amount 

23 under section 17(d) of the Occupational Safety 

24 and Health Act of 1970 (29 U.S.C. 666) for 

25 any adjustment under section 4 of the Federal 


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•S 4260 IS

1 Civil Penalties Inflation Adjustment Act of 

2 1990 (28 U.S.C. 2461 note) after the catch-up 

3 adjustment made by the Secretary of Labor 

4 under subparagraph (A). 

5 SEC. 304. DEFINITIONS. 

6 For purposes of sections 301 and 302, the terms 

7 ‘‘covered employee’’, ‘‘covered employer’’, ‘‘covered facil8 ity’’, and ‘‘designated employee representative’’ have the 

9 meanings given such terms in section 8(a) of the Fair 

10 Labor Standards Act of 1938 (as added by section 101). 

11 TITLE IV—MISCELLANEOUS 

12 PROVISIONS 

13 SEC. 401. SEVERABILITY. 

14 If any provision of this Act (including an amendment 

15 made by this Act) or the application of such provision to 

16 any person, entity, government, or circumstance, is held 

17 to be unconstitutional, the remainder of this Act (includ18 ing the amendments made by this Act), or the application 

19 of such provision to all other persons, entities, govern20 ments, or circumstances, shall not be affected thereby. 

21 SEC. 402. PREEMPTION. 

22 (a) INTERACTION WITH OTHER LAWS.—Nothing in 

23 this Act (including the amendments made by this Act) or 

24 the regulations promulgated under this Act shall be con25 strued to supersede or preempt any law or ordinance of 


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1 a State, or political subdivision of a State, that requires 

2 limitations on any quota for a covered employee of a cov3 ered employer that are comparable to or greater than the 

4 protections provided in this Act. 

5 (b) COLLECTIVE BARGAINING AGREEMENTS.—Noth6 ing in this Act (including the amendments made by this 

7 Act) or the regulations promulgated under this Act shall 

8 be construed to supersede or preempt employment terms 

9 or conditions agreed upon in collective bargaining agree10 ments that are more beneficial to a covered employee. 

11 (c) OSHA.—No action by the Director under this Act 

12 (including the amendments made by this Act) shall be con13 strued as an exercise of statutory authority within the 

14 meaning of section 4(b)(1) of the Occupational Safety and 

15 Health Act of 1970 (29 U.S.C. 653(b)(1)). 

16 (d) DEFINITIONS.—For purposes of this section, the 

17 terms ‘‘Director’’, ‘‘covered employee’’, ‘‘covered em18 ployer’’, ‘‘designated employee representative’’, and 

19 ‘‘quota’’ have the meanings given such terms in section 

20 8(a) of the Fair Labor Standards Act of 1938 (as added 

21 by section 101). 


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1 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this Act such sums as may be necessary for each of the 

4 fiscal years 2025 through 2035. 

Æ 


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