I 

118TH CONGRESS 

2D SESSION H. R. 8639 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2024 

Mr. NORCROSS (for himself, Ms. STEVENS, Mr. SMITH of New Jersey, Mr. 

LAWLER, Ms. NORTON, Mr. NADLER, Ms. OCASIO-CORTEZ, Mr. GOLDMAN of New York, Ms. LEE of California, Mr. DELUZIO, Ms. SCHAKOWSKY, Ms. OMAR, Ms. HOYLE of Oregon, Mr. SCHIFF, Ms. 

BUDZINSKI, Mr. ROBERT GARCIA of California, Mr. POCAN, Mr. 

THANEDAR, Mrs. RAMIREZ, Ms. TLAIB, Mrs. WATSON COLEMAN, Mr. 

GARCI ́A of Illinois, Mrs. BEATTY, Mr. BACON, and Ms. BUSH) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce 

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: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—WAREHOUSE WORKER PROTECTIONS 

Sec. 101. Warehouse worker protections. 

Sec. 102. Referral of complaints. 

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 DirecVerDate Sep 11 2014 19:38 Jul 22, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8639.IH H8639

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1 tor of the Fairness and Transparency Office to head the 

2 Fairness and Transparency Office. 

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

4 OFFICE.— 

5 ‘‘(1) IN GENERAL.—The Director— 

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

7 without regard to the provisions of sections 

8 3309 through 3318 of title 5, United States 

9 Code, individuals directly to positions in the 

10 competitive service, as defined in section 2102 

11 of such title, to carry out the duties of the Di12 rector under this Act; and 

13 ‘‘(B) may fix the compensation of the indi14 viduals described in subparagraph (A) without 

15 regard to chapter 51 and subchapter III of 

16 chapter 53 of title 5, United States Code, relat17 ing to classification of positions and General 

18 Schedule pay rates, except that the rate of pay 

19 for such individuals may not exceed the rate 

20 payable for level V of the Executive Schedule 

21 under section 5316 of that title. 

22 ‘‘(2) FAIRNESS AND TRANSPARENCY ADVISORY

23 BOARD.— 

24 ‘‘(A) IN GENERAL.—The Director shall es25 tablish a Fairness and Transparency Advisory 


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1 Board to advise and consult on the exercise of 

2 the functions of the Director under this Act. 

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

4 Transparency Advisory Board established under 

5 subparagraph (A) shall be composed of— 

6 ‘‘(i) as the Director determines appro7 priate, covered employers and covered em8 ployees or representatives of covered em9 ployers and covered employees; and 

10 ‘‘(ii) at least one of each of the fol11 lowing: 

12 ‘‘(I) Worker protection experts. 

13 ‘‘(II) Civil rights experts. 

14 ‘‘(III) Health and safety experts. 

15 ‘‘(IV) Workplace technology ex16 perts. 

17 ‘‘(V) Disability law experts. 

18 ‘‘(VI) Representatives of labor 

19 organizations. 

20 ‘‘(VII) Representatives of worker 

21 advocacy organizations. 

22 ‘‘(C) APPOINTMENTS.—The Director 

23 shall— 


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1 ‘‘(i) appoint members to the advisory 

2 board established under subparagraph (A); 

3 and 

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

5 membership of the advisory board. 

6 ‘‘(D) MEETINGS.—The advisory board es7 tablished under subparagraph (A) shall meet— 

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

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

10 ‘‘(E) COMPENSATION AND TRAVEL EX11 PENSES.—A member of the Fairness and 

12 Transparency Advisory Board established under 

13 subparagraph (A) who is not an officer or em14 ployee of the Federal Government shall— 

15 ‘‘(i) be entitled to receive compensa16 tion at a rate fixed by the Director while 

17 attending meetings of the advisory board, 

18 including travel time; and 

19 ‘‘(ii) receive travel expenses, including 

20 per diem in lieu of subsistence, in accord21 ance with applicable provisions under sub22 chapter I of chapter 57 of title 5, United 

23 States Code. 

24 ‘‘(F) EXEMPTION FROM THE FEDERAL AD25 VISORY COMMITTEE ACT.—The Fairness and 


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1 Transparency Advisory Board established under 

2 subparagraph (A) shall be exempt from chapter 

3 10 of title 5, United States Code (commonly 

4 known as the ‘Federal Advisory Committee 

5 Act’). 

6 ‘‘(3) USE OF VOLUNTARY SERVICES.—The Di7 rector may, as may from time to time be needed, use 

8 any voluntary or uncompensated services. 

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

10 this subsection or the Solicitor of Labor may appear 

11 for and represent the Director in any litigation. 

12 ‘‘(d) RULEMAKING.— 

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

14 through the Director and the Administrator of the 

15 Wage and Hour Office, may issue orders and guid16 ance or promulgate regulations as may be necessary 

17 or appropriate to enable the Secretary to carry out 

18 the purposes and objectives of this section, and to 

19 prevent evasions thereof. 

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

21 guidance or promulgating regulations under this 

22 subsection, the Secretary, acting through the Direc23 tor and the Administrator of the Wage and Hour 

24 Office, may consult with the Occupational Safety 

25 and Health Administration and Federal agencies 


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1 that have jurisdiction over labor and employment 

2 issues, including the Equal Employment Oppor3 tunity Commission, the National Labor Relations 

4 Board, the National Mediation Board, and the Merit 

5 Systems Protection Board.’’; 

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

7 the following: 

8 ‘‘SEC. 8. WAREHOUSE WORKER PROTECTIONS. 

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

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

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

12 covered employee, means a change by the covered 

13 employer of the covered employee in the compensa14 tion, terms, conditions, or privileges of the job of the 

15 covered employee that, from the perspective of a rea16 sonable person, puts the covered employee in a ma17 terially adverse position than prior to the change, in18 cluding termination, a reduction in benefits, discipli19 nary action, demotion, promotion, transfer, imposi20 tion of a work schedule more burdensome to the cov21 ered employee, reduction of scheduled hours, adjust22 ment in ability for promotion, or other modifications 

23 to compensation, terms, conditions, or privileges of 

24 employment. 


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

2 term ‘aggregated work speed data’ means employee 

3 work speed data that a covered employer has com4 bined, or collected together, in a summary or other 

5 form so that the employee work speed data cannot, 

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

7 covered employee. 

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

9 facility’ means any warehouse distribution center de10 scribed in the North American Industry Classifica11 tion System code— 

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

13 ‘‘(B) 423, for merchant wholesalers, dura14 ble goods; 

15 ‘‘(C) 424, for merchant wholesalers, non16 durable goods; 

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

18 mail-order houses; or 

19 ‘‘(E) 492110, for couriers and express de20 livery services. 

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

22 employee’ means an employee who— 

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

24 performance of work at a covered facility; and 


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

2 work at such covered facility. 

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

4 employer’ means an employer that— 

5 ‘‘(A) is engaged in commerce, in the pro6 duction of goods for commerce, or in an enter7 prise engaged in commerce or in the production 

8 of goods for commerce, including such an em9 ployer that is a contractor, subcontractor, tem10 porary service firm, staffing agency, inde11 pendent contractor, employee leasing entity, or 

12 similar entity; and 

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

14 performance of work at a covered facility. 

15 ‘‘(6) DEFINED TIME PERIOD.—The term ‘de16 fined time period’ means any unit of time measure17 ment equal to or less than one day, including hours, 

18 minutes, and seconds and any fraction thereof. 

19 ‘‘(7) DESIGNATED EMPLOYEE REPRESENTA20 TIVE.—The term ‘designated employee representa21 tive’ means any representative designated by a cov22 ered employee, including an employee representative 

23 that has a collective bargaining relationship with the 

24 covered employer of the covered employee. 


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

2 the Director of the Fairness and Transparency Of3 fice established by section 5. 

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

5 ‘egregious misconduct’, with respect to a covered 

6 employee, means deliberate or grossly negligent con7 duct that endangers the safety or well-being of the 

8 covered employee, co-workers of the covered em9 ployer, customers, or other persons, including dis10 crimination against or harassment of co-workers, 

11 customers, or other persons. 

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

13 term ‘employee work speed data’ means information 

14 a covered employer collects, stores, analyzes, or in15 terprets relating to the performance of work by a 

16 covered employee of the covered employer for a 

17 quota, including information with respect to the— 

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

19 covered employee; 

20 ‘‘(B) quantities of items or materials han21 dled or produced by the covered employee; 

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

23 the covered employee; 

24 ‘‘(D) measurements or metrics of covered 

25 employee performance in relation to a quota; or 


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

2 covered employee as performing tasks or not 

3 performing tasks. 

4 ‘‘(11) QUOTA.—The term ‘quota’ means an ex5 press or implied performance standard or perform6 ance target, including such a standard or target 

7 used to rank or compare an employee in relation to 

8 the performance of another employee or in relation 

9 to the past performance of the employee, under 

10 which— 

11 ‘‘(A)(i) an employee is actually or effec12 tively assigned, required, or expected within a 

13 defined time period (with or without any rea14 sonable accommodation provided under Federal, 

15 State, or local law) to— 

16 ‘‘(I) perform— 

17 ‘‘(aa) a quantified number 

18 of tasks; or 

19 ‘‘(bb) at a specified produc20 tivity speed; or 

21 ‘‘(II) handle or produce a quan22 tified amount of material without a 

23 certain number of errors or defects; 

24 and 


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1 ‘‘(ii) such assignment, requirement, or ex2 pectation is measured at the individual or group 

3 level for such defined time period; 

4 ‘‘(B) actions by an employee are cat5 egorized and measured between time per6 forming tasks and not performing tasks within 

7 a defined time period; or 

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

9 period during which an employee is or is not 

10 doing a particular activity are measured, re11 corded, or tallied. 

12 ‘‘(12) SIMILARLY SITUATED COVERED EM13 PLOYEE.—The term ‘similarly situated covered em14 ployee’, with respect to a covered employee, means 

15 another covered employee who holds the same job or 

16 responsibilities as the covered employee. 

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

18 government’ means the recognized governing body of 

19 an Indian Tribe. 

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

21 ‘workplace surveillance’ means any employer surveil22 lance (on- or off-duty) with respect to an employee, 

23 including the detection, monitoring, interception, col24 lection, exploitation, preservation, protection, trans25 mission, or retention of data concerning activities or 


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1 communications with respect to the employee, in2 cluding through the use of a product or service mar3 keted, or that can be used, for such purposes, such 

4 as a computer, telephone, wire, radio, camera, sen5 sor, electromagnetic, photoelectronic, handheld or 

6 wearable device, or photo-optical system. 

7 ‘‘(15) WORK STATION.—The term ‘work sta8 tion’ means the area of a covered facility within 

9 which a covered employee is assigned to perform 

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

11 ‘‘(b) COMMUNICATION WITH COVERED EMPLOYEES

12 REGARDING QUOTAS AND WORKPLACE SURVEILLANCE.— 

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

14 covered employee is hired by a covered employer or 

15 180 days after the date of enactment of this section, 

16 each covered employer shall provide to each covered 

17 employee of the covered employer— 

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

19 which the covered employee is subject, includ20 ing— 

21 ‘‘(i) as applicable, the quantified num22 ber of tasks to be performed or of mate23 rials to be produced or handled, or other 

24 performance measure, within the defined 

25 time period, for the quota; 


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1 ‘‘(ii) any potential discipline or ad2 verse employment action that could result 

3 from failure to meet the quota; 

4 ‘‘(iii) how performance targets or per5 formance standards for the quota are cal6 culated; 

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

8 bonus program associated with meeting or 

9 exceeding the quota and, if applicable, how 

10 the incentive or bonus program operates; 

11 and 

12 ‘‘(v) how the quota is monitored, in13 cluding a description of— 

14 ‘‘(I) what employee work speed 

15 data are being collected; 

16 ‘‘(II) how the employee work 

17 speed data are being collected, includ18 ing a description of any workplace 

19 surveillance technology used on the 

20 covered employee by the covered em21 ployer; 

22 ‘‘(III) where and when the em23 ployee work speed data are being col24 lected; 


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1 ‘‘(IV) the frequency of the collec2 tion; 

3 ‘‘(V) where the storage of the 

4 employee work speed data is located; 

5 ‘‘(VI) the business purposes for 

6 which the employee work speed data 

7 are being used; and 

8 ‘‘(VII) as applicable, the identity 

9 of any third party— 

10 ‘‘(aa) used for such work11 place surveillance; 

12 ‘‘(bb) to which data from 

13 such workplace surveillance is 

14 transferred; and 

15 ‘‘(cc) from which data of the 

16 covered individual is or may be 

17 purchased or acquired; and 

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

19 with respect to how the covered employee may 

20 file a complaint regarding a violation of this 

21 section or a standard promulgated under title 

22 III of the Warehouse Worker Protection Act. 

23 ‘‘(2) CHANGES TO QUOTA OR WORKPLACE SUR24 VEILLANCE.—Each covered employer shall provide 

25 to any applicable covered employee an updated writVerDate Sep 11 2014 19:38 Jul 22, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H8639.IH H8639

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1 ten description of any information provided under 

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

3 any changes with respect to such information are 

4 made. 

5 ‘‘(3) REQUIREMENTS FOR TAKING AN ADVERSE

6 EMPLOYMENT ACTION ON QUOTA COMPLIANCE.— 

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

8 that takes an adverse employment action 

9 against a covered employee for work perform10 ance that does not meet requirements with re11 spect to a quota shall provide— 

12 ‘‘(i) a written explanation to the cov13 ered employee regarding the manner in 

14 which the covered employee failed to per15 form, including a description of the appli16 cable quota and a comparison of such work 

17 performance to such quota; and 

18 ‘‘(ii) if the adverse employment action 

19 was based on employee work speed data, a 

20 copy of the employee work speed data in a 

21 human-readable format that a reasonable 

22 individual can understand. 

23 ‘‘(B) NOTICE FOR ACTIONS UNRELATED

24 TO QUOTA.—A covered employer that, with re25 spect to any covered employee who is subject to 


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1 a quota, takes an adverse employment action 

2 against such covered employee for any reason 

3 that is unrelated to compliance with the quota 

4 shall provide to such covered employee a written 

5 confirmation that such action was unrelated to 

6 compliance with the quota. 

7 ‘‘(4) TERMINATION.— 

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

9 clause (ii), a covered employer that seeks to ter10 minate a covered employee shall, regardless of 

11 whether the termination relates to work per12 formance with respect to a quota, provide to the 

13 covered employee a written notice of the intent 

14 to terminate the covered employee. 

15 ‘‘(B) EGREGIOUS MISCONDUCT.—Notwith16 standing subparagraph (A), a covered employer 

17 may terminate a covered employee without pro18 viding such written notice if the covered em19 ployee engaged in egregious misconduct. 

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

21 shall— 

22 ‘‘(A) provide any written description, no23 tice, explanation, or confirmation described in 

24 paragraph (1), (2), (3), or (4) to a covered em25 ployee— 


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1 ‘‘(i) through a human representative 

2 of the covered employer at the work station 

3 of the covered employee; and 

4 ‘‘(ii) in a manner required by the Di5 rector that— 

6 ‘‘(I) is accessible; 

7 ‘‘(II) allows the covered employee 

8 to transport the data in the descrip9 tion, notice, explanation, or confirma10 tion without hindrance; 

11 ‘‘(III) is in plain language; and 

12 ‘‘(IV) is in the primary language 

13 of the covered employee; and 

14 ‘‘(B) make such description, notice, expla15 nation, or confirmation available to the covered 

16 employee electronically. 

17 ‘‘(c) PROTECTION FROM QUOTAS.— 

18 ‘‘(1) PROHIBITED QUOTAS.—A covered em19 ployer may not require any quota for a covered em20 ployee that would— 

21 ‘‘(A) prevent— 

22 ‘‘(i) compliance with any required 

23 meal or rest period or any other break re24 quired by Federal, State, or local law; 


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1 ‘‘(ii) compliance with health and safe2 ty provisions required by Federal, State, or 

3 local law; 

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

5 of bathroom facilities, including reasonable 

6 travel time to and from bathroom facilities 

7 that takes into account the architecture of 

8 the covered facility; or 

9 ‘‘(iv) compliance with a covered em10 ployee’s right to reasonable accommoda11 tions or nondiscrimination as required by 

12 Federal, State, or local law 

13 ‘‘(B) set a performance target or perform14 ance standard that measures total output for 

15 the covered employee over an increment of time 

16 that is shorter than one day; 

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

18 performance of a covered employee during any 

19 paid or unpaid break to which the covered em20 ployee is entitled under applicable law, contract, 

21 or industry standard, including breaks to use 

22 bathroom facilities and reasonable travel time 

23 to and from bathroom facilities; 

24 ‘‘(D) prevent or discourage the covered 

25 employee from exercising any right under the 


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

2 et seq.) or any other Federal law; 

3 ‘‘(E) prevent or discourage the covered em4 ployee from exercising any right guaranteed in 

5 an applicable collective bargaining agreement; 

6 or 

7 ‘‘(F) violate the generally accepted prin8 ciples of work measurement as set forth in the 

9 Code of Work Measurement Ethics of the 

10 American Institute of Industrial Engineers and 

11 recognized by the Secretary. 

12 ‘‘(2) ADVERSE EMPLOYMENT ACTION.—A cov13 ered employer may not take adverse employment ac14 tion against a covered employee for failure to meet 

15 a quota that— 

16 ‘‘(A) violates paragraph (1); 

17 ‘‘(B) was not described to the covered em18 ployee in accordance with subsection (b); 

19 ‘‘(C) is based solely on ranking the per20 formance of the covered employee in relation to 

21 the performance of another covered employee or 

22 in relation to the past performance of that cov23 ered employee; or 

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

25 recording, or tallying increments of time within 


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1 a defined time period during which a covered 

2 employee is or is not doing a particular activity. 

3 ‘‘(d) MINIMIZATION.— 

4 ‘‘(1) COLLECTION.—In establishing, maintain5 ing, or using employee work speed data with respect 

6 to a quota for a covered employee, a covered em7 ployer may not collect, use, maintain, or transfer 

8 data on or of the covered employee except as strictly 

9 necessary to monitor the compliance of the covered 

10 employee with the quota. 

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

12 maintaining, or using employee work speed data 

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

14 covered employer may not disclose any information 

15 collected on a covered employee with respect to the 

16 quota to any other covered employee of the covered 

17 employer except as strictly necessary to fulfill a spe18 cific and reasonable business rationale of the covered 

19 employer. 

20 ‘‘(e) RECORDKEEPING.— 

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

22 shall— 

23 ‘‘(A) maintain contemporaneous records, 

24 with respect to each covered employee of the 

25 covered employer, of— 


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

2 each such covered employee; 

3 ‘‘(ii) the aggregated work speed data 

4 for similarly situated covered employees at 

5 the same place where each such covered 

6 employee performs work for the covered 

7 employer; and 

8 ‘‘(iii) the written descriptions of the 

9 quota of each such covered employee pro10 vided under subsection (b)(1); 

11 ‘‘(B) maintain such records for the dura12 tion of the employment of each relevant covered 

13 employee; and 

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

15 Secretary upon request. 

16 ‘‘(2) SUPPLEMENTATION AND DISPUTE OF

17 RECORDS.— 

18 ‘‘(A) SUPPLEMENTATION OF RECORDS.— 

19 Each covered employer shall enable a covered 

20 employee, upon request of the covered employee 

21 at or after the time of any employee work speed 

22 data collection with respect to the covered em23 ployee, to supplement the employee work speed 

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1 ing which the covered employee was not per2 forming work-related tasks, including because 

3 the covered employee was taking a paid or un4 paid break, using a bathroom facility (including 

5 reasonable travel to and from the facility), re6 porting an injury or receiving attention due to 

7 an injury, exercising a right guaranteed under 

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

9 151 et seq.) or another Federal law, or exer10 cising a right guaranteed under an applicable 

11 covered bargaining agreement. 

12 ‘‘(B) DISPUTE PROCESS.— 

13 ‘‘(i) IN GENERAL.—Each covered em14 ployer shall enable a covered employee, 

15 upon request of the covered employee at or 

16 after the time of any data collection with 

17 respect to the covered employee, to review 

18 and request correction of the employee 

19 work speed data in accordance with clause 

20 (ii). 

21 ‘‘(ii) CORRECTION OF EMPLOYEE

22 WORK SPEED DATA.—A covered employer 

23 that receives a request by a covered em24 ployee under clause (i) shall— 


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1 ‘‘(I) investigate and determine 

2 whether the employee work speed data 

3 is inaccurate; and 

4 ‘‘(II) if determined to be inac5 curate— 

6 ‘‘(aa) promptly correct the 

7 inaccurate data and notify the 

8 covered employee of the covered 

9 employer’s determination and 

10 correction; and 

11 ‘‘(bb) review and adjust, as 

12 appropriate, any adverse employ13 ment action that was, partially or 

14 solely, based on the inaccurate 

15 data and notify the covered em16 ployee of the adjustment. 

17 ‘‘(3) RETENTION OF RECORDS.— 

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

19 of employment of a covered employee of a cov20 ered employer, the covered employer shall— 

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

22 date of such termination, retain the 

23 records described in paragraph (1) with re24 spect to the 6-month period prior to such 

25 date; and 


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1 ‘‘(ii) make such records available to 

2 the Secretary upon request. 

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

4 this subsection shall require a covered employer to 

5 keep records described in paragraph (1) with respect 

6 to employee work speed data if such covered em7 ployer does not otherwise monitor employee work 

8 speed data. 

9 ‘‘(f) RIGHT TO REQUEST.— 

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

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

12 provide the relevant copies described in such para13 graphs to, as the case may be, the covered employee, 

14 designated employee representative, or individual 

15 who was a covered employee— 

16 ‘‘(A) except as provided in subparagraph 

17 (B)(ii), at no cost to the covered employee, des18 ignated employee representative, or individual 

19 who was a covered employee; 

20 ‘‘(B) with respect to— 

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

22 representative of the covered employer; or 

23 ‘‘(ii) a designated employee represent24 ative or an individual who was a covered 

25 employee, by a human representative of 


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1 the covered employer or through the mail 

2 (at the cost of the designated employee 

3 representative or individual, respectively); 

4 and 

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

6 than— 

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

8 request for such copies with respect to em9 ployee work speed data or aggregate work 

10 speed data; or 

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

12 request for any other copy. 

13 ‘‘(2) REQUESTS DURING EMPLOYMENT.—A cov14 ered employee, or a designated employee representa15 tive of such covered employee at the request of the 

16 covered employee, may request from the covered em17 ployer of the covered employee a copy of the written 

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

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

20 format that a reasonable individual can understand) 

21 of the covered employee for the preceding 6-month 

22 period, and a copy of the aggregated work speed 

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

24 individual can understand) for similarly situated cov25 ered employees at the same place where the covered 


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1 employee performs work for the covered employer 

2 for the preceding 6-month period. 

3 ‘‘(3) REQUESTS AFTER EMPLOYMENT TERMI4 NATION.—An individual who was a covered employee 

5 with respect to a covered employer, or a designated 

6 employee representative with respect to such an indi7 vidual, may, not later than 3 years after the date of 

8 termination of employment of the covered employee 

9 with the covered employer, request from the covered 

10 employer a copy of— 

11 ‘‘(A) the written description described 

12 under subsection (b) effective on the date of 

13 termination of the covered employee; 

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

15 human-readable format that a reasonable indi16 vidual can understand) of the covered employee 

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

18 termination; and 

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

20 human-readable format that a reasonable indi21 vidual can understand) for similarly situated 

22 covered employees at the same place where the 

23 covered employee performs work for the covered 

24 employer for such 6-month period. 


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

2 this subsection shall require a covered employer to— 

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

4 ‘‘(B) provide information related to em5 ployee work speed data if the covered employer 

6 does not otherwise monitor such employee work 

7 speed data. 

8 ‘‘(g) POSTING OF NOTICES.— 

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

10 shall post, in a conspicuous and accessible location, 

11 a notice in the covered facility of the covered em12 ployer regarding the rights of covered employees 

13 under this section, including what constitutes a per14 missible quota, the right to request quota descrip15 tions and employee speed data information, and the 

16 right to make a complaint to Federal authorities re17 garding a violation of an right under this section. 

18 ‘‘(2) REQUIREMENTS FOR NOTICES.—Each no19 tice described in paragraph (1) shall be in a manner 

20 required by the Director that— 

21 ‘‘(A) is in plain language; and 

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

23 language that constitutes the primary language 

24 of any covered employee at the covered facility. 

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


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

2 shall— 

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

4 of such covered employer— 

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

6 by such a covered employee, to the covered 

7 employee not less than one 15-minute rest 

8 break paid at the regular rate at which the 

9 covered employee is employed; and 

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

11 employer hires such a covered employee, 

12 notice to the covered employee, in plain 

13 language and the primary language of the 

14 covered employee, that— 

15 ‘‘(I) the covered employee is enti16 tled to the paid rest breaks described 

17 in clause (i); 

18 ‘‘(II) retaliation by the covered 

19 employer against the covered employee 

20 for requesting or taking such paid 

21 rest breaks is prohibited; and 

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

23 designated employee representative of 

24 the covered employee, has a right to 

25 file a complaint with the Secretary for 


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1 any violation by the covered employer 

2 of this subsection; and 

3 ‘‘(B) display, in a conspicuous and acces4 sible location, a sign at each covered facility of 

5 the covered employer that includes, in English, 

6 Spanish, and any other language that con7 stitutes the primary language of any covered 

8 employee at the covered facility, the information 

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

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

11 the date of enactment of this section, the Secretary 

12 shall issue regulations with respect to the design and 

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

14 including a sample design. 

15 ‘‘(3) INTERACTION WITH OTHER LAWS.—Noth16 ing in this subsection shall be construed to super17 sede or preempt any Federal, State, or local law or 

18 collective bargaining agreement requiring longer 

19 paid rest breaks than those required under para20 graph (1)(A)(i). 

21 ‘‘(i) UNLAWFUL RETALIATION.— 

22 ‘‘(1) IN GENERAL.—A person, including a cov23 ered employer, an agent of a covered employer, or 

24 person acting as or on behalf of a covered employer 

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1 cer or agent of any entity, business, corporation, 

2 partnership, or limited liability company, may not— 

3 ‘‘(A) discharge or in any way retaliate, dis4 criminate, or take any adverse employment ac5 tion against any individual for exercising any 

6 right conferred under this section, or for being 

7 perceived as exercising such a right, including 

8 for— 

9 ‘‘(i) requesting copies under sub10 section (f); 

11 ‘‘(ii) filing a complaint under subpara12 graph (A) of section 16(f) regarding a vio13 lation of this section or designating a rep14 resentative in accordance with subpara15 graph (B) of such section to file such a 

16 complaint; or 

17 ‘‘(iii) commencing a proceeding under 

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

19 or 

20 ‘‘(B) otherwise prevent an individual for 

21 exercising such a right or take any action 

22 against an individual that might deter a reason23 able employee from asserting a right conferred 

24 under this section. 


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1 ‘‘(2) PROTECTIONS FOR GOOD FAITH ALLEGA2 TIONS.—The protections under paragraph (1) shall 

3 apply to any individual who mistakenly, but in good 

4 faith, alleges a violation of a requirement of this sec5 tion. 

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

7 complaint or other communication by an individual, 

8 including a covered employee, may be the exercise of 

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

10 whether the complaint or communication is in writ11 ing or makes explicit reference to this Act. 

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

13 takes adverse action against a covered employee 

14 within 90 days of the covered employee engaging, or 

15 attempting to engage in, activities protected by para16 graph (1), such conduct shall establish a rebuttable 

17 presumption that the adverse action is an adverse 

18 action in violation of such paragraph. Such pre19 sumption may be rebutted by clear and convincing 

20 evidence that— 

21 ‘‘(A) the action was taken for other per22 missible reasons; and 

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

24 in activities protected by paragraph (1) was not 

25 a motivating factor in the adverse action. 


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

2 after the date of the enactment of this section, the Direc3 tor shall convene a task force with labor organizations, 

4 worker advocacy organizations, and covered employees to 

5 develop strategies for labor organizations and worker ad6 vocacy organizations to— 

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

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

9 new rights provided through this section; and 

10 ‘‘(3) provide the Director with recommendations 

11 on the implementation of regulations related to this 

12 section.’’; 

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

14 ‘‘and investigation’’ and inserting ‘‘, investigation, or 

15 inspection’’; 

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

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

18 the end the following: 

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

20 of the Fairness and Transparency Division, shall, as pro21 vided in subsection (a) and paragraph (2), investigate vio22 lations of section 8, including any violations of any regula23 tion or order issued with respect to that section. 

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

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1 tigating violations of section 8, may upon presenting ap2 propriate credentials to the owner, operator, or agent in 

3 charge— 

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

5 times any covered facility of a covered employer; and 

6 ‘‘(B) inspect and investigate during regular 

7 working hours and at other reasonable times, and 

8 within reasonable limits and in a reasonable manner, 

9 any such covered facility and all pertinent condi10 tions, structures, machines, apparatus, devices, 

11 equipment, and materials therein, and to question 

12 privately any such covered employer, owner, oper13 ator, agent, or covered employee. 

14 ‘‘(3)(A) In conducting an inspection during an inves15 tigation into a violation of section 8, the Secretary shall 

16 permit, at the request of a covered employee, a representa17 tive of a labor organization or a worker advocacy organiza18 tion, or another designee of the covered employee, to ac19 company any inspectors during such inspection. 

20 ‘‘(B) A covered employee may, regardless of the rela21 tionship between the covered employee and the labor orga22 nization, worker advocacy organization, or other designee, 

23 anonymously request to the Secretary that the Secretary 

24 permit a representative of such labor organization, worker 

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1 spectors during an inspection in accordance with para2 graph (1). 

3 ‘‘(f)(1) Not later than 30 days after an event de4 scribed in paragraph (2), the Secretary shall open an in5 vestigation under this section (that includes an on-site in6 spection) into any covered employer to determine if such 

7 covered employer is violating section 8. 

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

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

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

11 employer— 

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

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

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

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

16 1.5 times the warehousing industry’s average 

17 annual injury rate, as determined by the Bu18 reau of Labor Statistics in the most recent (as 

19 of such determination) publication regarding 

20 fatal and nonfatal occupational injuries and ill21 nesses data. 

22 ‘‘(B) The Secretary receives, during any one23 year period, not less than— 

24 ‘‘(i) 5 credible complaints from covered 

25 employees of the covered employer, individuals 


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1 who were covered employees of the covered em2 ployer, or designated representatives of such 

3 covered employees or individuals, about viola4 tions under section 8 at a worksite; or 

5 ‘‘(ii) 10 credible complaints from covered 

6 employees of the covered employer, individuals 

7 who were covered employees of the covered em8 ployer, or designated representatives of such 

9 covered employees or individuals, about such 

10 violations at multiple worksites operated by the 

11 covered employer. 

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

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

14 organization or a worker advocacy organization who have 

15 specific knowledge of the relevant industry to conduct out16 reach to workers with respect to such investigation and 

17 aid and accompany investigators in such investigation. 

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

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

20 facility’ have the meanings given such terms in section 

21 8(a).’’; 

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

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

24 and inserting a semicolon; 


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1 (B) in paragraph (6), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

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

5 8.’’; and 

6 (7) in section 16 (29 U.S.C. 216)— 

7 (A) in subsection (b)— 

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

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

10 (ii) in the second sentence, by insert11 ing ‘‘and, in the case of a violation of sec12 tion 8, of an amount for the direct or fore13 seeable pecuniary harms resulting from the 

14 violation and an amount equal to $10,000 

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

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

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

18 (h), or (i) of such section’’ before the pe19 riod at the end of the sentence; and 

20 (iii) in the fifth sentence, by striking 

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

22 to an action brought regarding a violation 

23 of section 8, no’’; and 

24 (B) in subsection (e)— 


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1 (i) by redesignating paragraphs (3), 

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

3 (6), respectively; and 

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

5 the following: 

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

7 subject to a civil penalty— 

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

9 per violation; or 

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

11 amount not more than $769,870 per viola12 tion.’’; and 

13 (iii) in paragraph (4)(C), as so redes14 ignated, by striking ‘‘section 15(a)(4)’’ and 

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

16 15(a)’’; and 

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

18 ‘‘(f) ADMINISTRATIVE COMPLAINTS REGARDING

19 WAREHOUSE WORKER PROTECTIONS.— 

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

21 individual who was a covered employee may— 

22 ‘‘(A) file a complaint of a violation of sec23 tion 8 with the Secretary; and 

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

25 organization or worker advocacy organization, 


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1 regardless of the relationship between the cov2 ered employee or individual and the labor orga3 nization or worker advocacy organization, to— 

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

5 covered employee or individual; or 

6 ‘‘(ii) represent the covered employee 

7 or individual for purposes of engagement 

8 with the Secretary regarding such com9 plaint, including being present at employee 

10 interviews and participating in workplace 

11 inspections, conferences, settlement nego12 tiations. 

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

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

15 employee’ has the meaning given such term in sec16 tion 8(a). 

17 ‘‘(g) EXEMPTION FROM THE FEDERAL ARBITRATION

18 ACT REGARDING WAREHOUSE WORKER PROTECTIONS.— 

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

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

21 the ‘Federal Arbitration Act’), no predispute arbitra22 tion agreement or predispute joint-action waiver (as 

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

24 United States Code) shall be valid or enforceable 


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1 with respect to claims arising under this Act for vio2 lations of section 8. 

3 ‘‘(2) ARBITRATION PURSUANT TO A COLLEC4 TIVE BARGAINING AGREEMENT.—Nothing in this 

5 subsection shall limit the enforceability of any arbi6 tration provision in a collective bargaining agree7 ment between a covered employer (as defined in sec8 tion 8(a)) and a labor organization. 

9 ‘‘(h) EXCEPTION FROM CLASS ACTION PRE10 REQUISITES FOR ACTIONS REGARDING WAREHOUSE

11 WORKER PROTECTIONS.—An employee who brings an ac12 tion for a violation of section 8 on behalf of employees 

13 similarly situated shall be considered to have satisfied 

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

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

16 SEC. 102. REFERRAL OF COMPLAINTS. 

17 (a) MEMORANDUM OF UNDERSTANDING.—The Di18 rector of the Fairness and Transparency Office estab19 lished by section 5 of the Fair Labor Standards Act of 

20 1938 (as added by section 101) and the Administrator of 

21 the Wage and Hour Office of the Department of Labor 

22 shall jointly enter into a memorandum of understanding 

23 with the Assistant Secretary of Labor for Occupational 

24 Safety and Health to encourage efficient enforcement of 

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1 ing, referral of complaints, and cross-training of inspec2 tors and investigators. The memorandum of under3 standing shall encourage coordination of enforcement ac4 tivity in States enforcing relevant labor law under a State 

5 plan that has been approved by the Secretary under sec6 tion 18 of the Occupational Safety and Health Act of 1970 

7 (29 U.S.C. 667). 

8 (b) REFERRAL OF COMPLAINTS AND CROSS-TRAIN9 ING.—The Director of the Fairness and Transparency Of10 fice shall, to the greatest extent possible— 

11 (1) encourage the referral of relevant com12 plaints from and to the Equal Employment Oppor13 tunity Commission, the National Institute for Occu14 pational Safety and Health, the Environmental Pro15 tection Agency, the National Labor Relations Board, 

16 and other Federal and State agencies that may con17 duct inspections related to occupational health and 

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

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

20 (2) promote cross-training of inspectors and in21 vestigators in the Equal Employment Opportunity 

22 Commission, National Institute for Occupational 

23 Safety and Health, Environmental Protection Agen24 cy, and such other Federal and State agencies for 


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1 inspections related to working conditions in such 

2 covered facilities. 

3 TITLE II—NATIONAL LABOR 

4 RELATIONS ACT 

5 SEC. 201. AMENDMENTS TO NATIONAL LABOR RELATIONS 

6 ACT. 

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

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

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

10 the end and inserting ‘‘; and’’; and 

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

12 ‘‘(6) to impose on an employee a quota that sig13 nificantly discourages or prevents, or is intended to 

14 significantly discourage or prevent, an employee 

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

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

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

18 the end the following: 

19 ‘‘(h) PRESUMPTION OF RETALIATION RELATED TO

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

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

22 employee exercising the rights guaranteed in section 7 

23 shall establish a rebuttable presumption that the action 

24 is discrimination against the employee in violation of sub25 section (a)(6).’’. 


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

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

3 ‘‘(15) QUOTA.— 

4 ‘‘(A) IN GENERAL.—The term ‘quota’ 

5 means a performance standard or performance 

6 target, including such a standard or target used 

7 to rank an employee in relation to the perform8 ance of another employee or in relation to the 

9 past performance of the employee, under 

10 which— 

11 ‘‘(i)(I) an employee is actually or ef12 fectively assigned, required, or expected 

13 within a defined time period (with or with14 out any reasonable accommodation pro15 vided under Federal, State, or local law) 

16 to— 

17 ‘‘(aa) perform— 

18 ‘‘(AA) a quantified 

19 number of tasks; or 

20 ‘‘(BB) at a specified 

21 productivity speed; or 

22 ‘‘(bb) handle or produce a 

23 quantified amount of material 

24 without a certain number of er25 rors or defects; and 


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1 ‘‘(II) such assignment, requirement, 

2 or expectation is measured at the indi3 vidual or group level for such defined time 

4 period; 

5 ‘‘(ii) actions by an employee are cat6 egorized and measured between time per7 forming tasks and not performing tasks 

8 within a defined time period; or 

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

10 time period during which an employee is or 

11 is not doing a particular activity are meas12 ured, recorded, or tallied. 

13 ‘‘(B) DEFINED TIME PERIOD.—For pur14 poses of subparagraph (A), the term ‘defined 

15 time period’ means any unit of time measure16 ment equal to or less than one day, including 

17 hours, minutes, and seconds and any fraction 

18 thereof.’’. 

19 SEC. 202. NATIONAL LABOR RELATIONS BOARD REPORT. 

20 The National Labor Relations Board shall— 

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

22 term is defined in section 2 of the National Labor 

23 Relations Act (29 U.S.C. 152)) was used as a rea24 son to deny a worker rights under the National 

25 Labor Relations Act; and 


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

2 such cases to— 

3 (A) the Committee on Health, Education, 

4 Labor, and Pensions of the Senate; and 

5 (B) the Committee on Education and the 

6 Workforce of the House of Representatives. 

7 TITLE III—OSHA STANDARDS 

8 SEC. 301. STANDARD PROTECTING COVERED EMPLOYEES 

9 FROM OCCUPATIONAL RISK FACTORS CAUS10 ING MUSCULOSKELETAL DISORDERS. 

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

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

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

14 Health Act of 1970 (29 U.S.C. 655), publish in the Fed15 eral Register a proposed standard for ergonomic program 

16 management for covered employers with respect to covered 

17 employees, including requirements for— 

18 (1) hazard identification and ergonomic job 

19 evaluations for covered employees, including require20 ments for covered employee and designated employee 

21 representative participation in such identification 

22 with the aim of maximizing such participation; 

23 (2) hazard control at covered facilities, which 

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1 ment and workstation redesign, work pace reduc2 tions, or job rotation to less forceful or repetitive 

3 jobs; 

4 (3) training for covered employees regarding 

5 covered employer activities, occupational risk factors, 

6 and training on controls and recognition of symp7 toms of musculoskeletal disorders; and 

8 (4) medical management for covered employees 

9 that includes— 

10 (A) encouraging early reporting of mus11 culoskeletal disorder symptoms; 

12 (B) first aid delivered by those operating 

13 under State licensing requirements; and 

14 (C) systematic evaluation and early refer15 ral for medical attention. 

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

17 the date of enactment this Act, the Secretary shall, pursu18 ant to section 6 of the Occupational Safety and Health 

19 Act of 1970 (29 U.S.C. 655), publish in the Federal Reg20 ister a final standard based on the proposed standard 

21 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 19:38 Jul 22, 2024 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H8639.IH H8639

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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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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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