I 

118TH CONGRESS 

1ST SESSION H. R. 4978 

To provide for the protection of agricultural workers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Mr. CASAR (for himself, Mr. POCAN, Ms. ADAMS, Ms. BARRAGA ́N, Mr. BOWMAN, Ms. BUDZINSKI, Ms. BUSH, Mr. CARSON, Ms. CROCKETT, Mr. 

DELUZIO, Mr. DOGGETT, Mrs. FOUSHEE, Mr. FROST, Mr. GARAMENDI, 

Mr. ROBERT GARCIA of California, Ms. GARCIA of Texas, Ms. NORTON, 

Ms. JACKSON LEE, Mr. JACKSON of Illinois, Mr. JOHNSON of Georgia, 

Mr. MCGOVERN, Ms. OCASIO-CORTEZ, Ms. SA ́NCHEZ, Mr. THANEDAR, 

Ms. TLAIB, Mr. VARGAS, Ms. VELA ́ZQUEZ, Ms. JAYAPAL, and Ms. 

CLARKE of New York) introduced the following bill; which was referred 

to the Committee on Agriculture, and in addition to the Committees on 

Education and the Workforce, Financial Services, Oversight and Accountability, House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the protection of agricultural workers, and 

for other purposes. 

1 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 ‘‘Agricultural Worker 

5 Justice Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—FAIR USDA PROCUREMENT AND CONTRACTING 

Sec. 101. Definitions. 

Sec. 102. Food worker pay increase. 

Sec. 103. Prohibition on stock buybacks while receiving USDA funds. 

Sec. 104. Promotion of economic security and workplace accountability. 

Sec. 105. Waiver to purchase foreign commodities or products. 

Sec. 106. Authorization of local food purchase assistance cooperative agreement 

program. 

Sec. 107. Report regarding grant recipients. 

TITLE II—PROTECTING AMERICA’S MEATPACKING WORKERS 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Subtitle A—Reforms to Protect Meat and Poultry Processing Workers 

PART I—DEPARTMENT OF AGRICULTURE

Sec. 211. Rule on increased line speeds at meat and poultry establishments. 

PART II—FAIR ATTENDANCE POLICIES

Sec. 221. Definitions. 

Sec. 222. Requirements for employers relating to no fault attendance policies 

or attendance systems. 

Sec. 223. Remedies and enforcement. 

Sec. 224. Rulemaking. 

Sec. 225. Relationship to other laws. 

PART III—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REFORMS

Sec. 231. Definitions. 

Sec. 232. Ensuring compliance with employee rights to use toilet facilities at 

covered establishments. 

Sec. 233. Occupational safety and health standards to protect employees in covered establishments. 

Sec. 234. Permanent regional emphasis inspection program; expanding inspections. 

Sec. 235. Representatives during physical inspections. 

Sec. 236. Enhanced protections from retaliation. 

Sec. 237. Regulations to restore a column on required records of work-related 

musculoskeletal disorders. 

Sec. 238. Funding for additional OSHA inspectors. 

Sec. 239. OSHA reporting. 

Sec. 240. Private right of action. 

Sec. 241. Injunction proceedings. 

PART IV—SAVINGS PROVISION


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Sec. 251. Savings provision. 

Subtitle B—GAO Reports 

Sec. 261. Review and report on racial and ethnic disparities in meat and poultry processing. 

1 TITLE I—FAIR USDA PROCURE2 MENT AND CONTRACTING 

3 SEC. 101. DEFINITIONS. 

4 In this title: 

5 (1) MEAT.—The term ‘‘meat’’ means meat 

6 (within the meaning of the Federal Meat Inspection 

7 Act (21 U.S.C. 601 et seq.). 

8 (2) MEAT FOOD PRODUCT.—The term ‘‘meat 

9 food product’’ has the meaning given the term in 

10 section 1 of the Federal Meat Inspection Act (21 

11 U.S.C. 601). 

12 (3) POULTRY; POULTRY PRODUCT.—The terms 

13 ‘‘poultry’’ and ‘‘poultry product’’ have the meanings 

14 given those terms in section 4 of the Poultry Prod15 ucts Inspection Act (21 U.S.C. 453). 

16 (4) PROCESSED FOOD.—The term ‘‘processed 

17 food’’ has the meaning given the term in section 201 

18 of the Federal Food, Drug, and Cosmetic Act (21 

19 U.S.C. 321). 

20 SEC. 102. FOOD WORKER PAY INCREASE. 

21 (a) PREVAILING RATE.—The Secretary of Agri22 culture may not purchase any meat, meat food product, 

23 poultry, poultry product, or processed food produced by 


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1 workers in the United States who are compensated at a 

2 rate lower than the prevailing rate for wages and fringe 

3 benefits for such workers in their locality. 

4 (b) PREVAILING RATE DETERMINATION.—The Sec5 retary of Labor shall determine the prevailing rates de6 scribed in subsection (a) and, in determining such rates, 

7 shall take into account any applicable existing collective 

8 bargaining agreements in the locality. 

9 (c) COLLECTIVE BARGAINING AGREEMENT SUPREM10 ACY.—A prevailing rate established pursuant to this sec11 tion shall not supersede the wages and benefits of a worker 

12 agreed to in a collective bargaining agreement. 

13 SEC. 103. PROHIBITION ON STOCK BUYBACKS WHILE RE14 CEIVING USDA FUNDS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) EQUITY SECURITY; EXCHANGE; ISSUER.— 

17 The terms ‘‘equity security’’, ‘‘exchange’’, and 

18 ‘‘issuer’’ have the meanings given the terms in sec19 tion 3 of the Securities Exchange Act of 1934 (15 

20 U.S.C. 78c). 

21 (2) NATIONAL SECURITY EXCHANGE.—The 

22 term ‘‘national securities exchange’’ means an ex23 change registered under section 6 of the Securities 

24 Exchange Act of 1934 (15 U.S.C. 78f). 


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1 (b) PROHIBITIONS.—Notwithstanding any other pro2 vision of law, during any period that an agricultural issuer 

3 has a contract or receives funding from the Department 

4 of Agriculture, the agricultural issuer may not— 

5 (1) purchase an equity security of the issuer or 

6 any parent company of the issuer on a national se7 curities exchange; or 

8 (2) pay dividends or other capital distributions 

9 on an equity security of the issuer. 

10 SEC. 104. PROMOTION OF ECONOMIC SECURITY AND WORK11 PLACE ACCOUNTABILITY. 

12 (a) REQUIRED DISCLOSURES.—The Secretary of Ag13 riculture shall require any entity that enters into a con14 tract with the Department of Agriculture on or after the 

15 date that is 2 years after the date of enactment of this 

16 Act to disclose to the Secretary of Labor, on an annual 

17 basis and to the best of the knowledge of the entity, wheth18 er, within the preceding 3-year period, any administrative 

19 merits determination, arbitral award or decision, or civil 

20 judgment, as defined in regulations issued by the Sec21 retary of Labor, has been issued against the entity, or any 

22 subcontractor of the entity, for violations of any of the 

23 following (including, as applicable, any regulations issued 

24 under any of the following): 


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1 (1) The Fair Labor Standards Act of 1938 (29 

2 U.S.C. 201 et seq.). 

3 (2) The Occupational Safety and Health Act of 

4 1970 (29 U.S.C. 651 et seq.). 

5 (3) The National Labor Relations Act (29 

6 U.S.C. 151 et seq.). 

7 (4) Subchapter IV of chapter 31 of title 40, 

8 United States Code (commonly known as the 

9 ‘‘Davis-Bacon Act’’). 

10 (5) Chapter 67 of title 41, United States Code 

11 (commonly known as the ‘‘Service Contract Act’’). 

12 (6) Executive Order 11246 (42 U.S.C. 2000e 

13 note; relating to equal employment opportunity). 

14 (7) Section 503 of the Rehabilitation Act of 

15 1973 (29 U.S.C. 793). 

16 (8) Section 4212 of title 38, United States 

17 Code. 

18 (9) The Family and Medical Leave Act of 1993 

19 (29 U.S.C. 2601 et seq.). 

20 (10) Title VII of the Civil Rights Act of 1964 

21 (42 U.S.C. 2000e et seq.). 

22 (11) Title I of the Americans with Disabilities 

23 Act of 1990 (42 U.S.C. 12111 et seq.). 

24 (12) The Age Discrimination in Employment 

25 Act of 1967 (29 U.S.C. 621 et seq.). 


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1 (13) Executive Order 13658 (79 Fed. Reg. 

2 9851; relating to establishing a minimum wage for 

3 contractors). 

4 (14) The Railway Labor Act (45 U.S.C. 151 et 

5 seq.). 

6 (15) The Pregnant Workers Fairness Act (divi7 sion II of the Consolidated Appropriations Act, 2023 

8 (Public Law 117–328)). 

9 (16) Section 4714 of title 41, United States 

10 Code. 

11 (17) Part 170 of title 40, Code of Federal Reg12 ulations (regarding the Worker Protection Stand13 ard). 

14 (18) Section 218 of the Immigration and Na15 tionality Act (8 U.S.C. 1188) relating to protections 

16 for H–2A workers. 

17 (19) Section 274B of such Act (8 U.S.C. 

18 1324b). 

19 (20) Migrant and Seasonal Agricultural Worker 

20 Protection Act (29 U.S.C. 1801 et seq.). 

21 (21) Any applicable State or local labor or em22 ployment law, as defined in regulations issued by the 

23 Secretary of Labor. 

24 (b) CONSULTATION.—The Secretary of Labor shall 

25 be available, as appropriate and in coordination as deVerDate Sep 11 2014 00:35 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4978.IH H4978

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1 scribed in subsection (e), for consultation with an entity 

2 described in subsection (a) to assist the entity in evalu3 ating the information on labor compliance submitted to 

4 the entity by a subcontractor pursuant to such subsection. 

5 (c) CORRECTIVE MEASURES.—On an annual basis, 

6 the Secretary of Labor— 

7 (1) shall provide an entity that makes a disclo8 sure pursuant to subsection (a) an opportunity to re9 port any steps taken by the entity, or any subcon10 tractor of the entity, to correct violations of or im11 prove compliance with the laws, including Executive 

12 orders, listed in such subsection, including any 

13 agreements entered into with an enforcement agen14 cy; and 

15 (2) may negotiate with such entity corrective 

16 measures that the entity or any subcontractor of the 

17 entity may take in order to avoid having the entity 

18 placed on the list under subsection (d). 

19 (d) LIST OF INELIGIBLE ENTITIES.— 

20 (1) IN GENERAL.—For each calendar year be21 ginning with the first calendar year that begins after 

22 the date that is 2 years after the date of enactment 

23 of this Act, the Secretary of Labor, in coordination 

24 as described in subsection (e), shall prepare, and 

25 submit to the Secretary of Agriculture, a list of each 


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1 entity that shall be ineligible for a contract with the 

2 Department of Agriculture for that year based on— 

3 (A) serious, repeated, or pervasive viola4 tions of the laws, including Executive orders, 

5 listed under subsection (a) committed by the 

6 entity or any subcontractor of the entity; or 

7 (B) the failure of such entity, or any sub8 contractor of such entity, to complete any cor9 rective measure negotiated under subsection (c). 

10 (2) INELIGIBILITY.—The Secretary of Agri11 culture shall not— 

12 (A) solicit a contract from any entity on 

13 the list under paragraph (1) that is in effect for 

14 a year for that year or any of the subsequent 

15 4 years; and 

16 (B) conduct an inspection pursuant to the 

17 Federal Meat Inspection Act (21 U.S.C. 601 et 

18 seq.) or the Poultry Products Inspection Act 

19 (21 U.S.C. 451 et seq.), as applicable, of any 

20 facility owned or controlled by an entity on the 

21 list under paragraph (1) that is in effect for a 

22 year for that year or for any of the subsequent 

23 4 years. 

24 (e) COORDINATION.—In providing the consultation 

25 described in subsection (b) and preparing the list under 


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1 subsection (d), the Secretary of Labor shall coordinate, 

2 as appropriate, with the National Labor Relations Board, 

3 the Equal Employment Opportunity Commission, the En4 vironmental Protection Agency, and any other relevant 

5 Federal agency as well as States, and local governments. 

6 (f) CRIMINAL PENALTY FOR FAILURE TO REPORT.— 

7 (1) OFFENSE.—It shall be unlawful for an enti8 ty to knowingly fail to make a disclosure required 

9 under subsection (a). 

10 (2) PENALTY.— 

11 (A) IN GENERAL.—A violation of para12 graph (1) shall be treated as a violation of sec13 tion 1031(a) of title 18, United States Code. 

14 (B) GROSS LOSS TO GOVERNMENT; GROSS

15 GAIN TO DEFENDANT.—For purposes of apply16 ing section 1031 of title 18, United States 

17 Code, to a violation of paragraph (1) of this 

18 subsection, the amount that the Department of 

19 Agriculture pays an entity that violates such 

20 paragraph (1) under a contract described in 

21 subsection (a) of this section shall be treated as 

22 the gross loss to the Government or the gross 

23 gain to the defendant. 

24 (g) ANNUAL REPORTS TO CONGRESS.—For each cal25 endar year beginning with the first calendar year that beVerDate Sep 11 2014 21:59 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4978.IH H4978

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1 gins after the date that is 2 years after the date of enact2 ment of this Act, the Secretary of Agriculture shall submit 

3 a report to the Committee on Agriculture, Nutrition, and 

4 Forestry of the Senate and the Committee on Agriculture 

5 of the House of Representatives that includes— 

6 (1) the number of entities on the list under sub7 section (d) for the year of the report; 

8 (2) the number of entities that agreed to take 

9 corrective measures under subsection (c) for such 

10 year; 

11 (3) the amount of the applicable contracts for 

12 the entities described in paragraph (1) or (2); and 

13 (4) performance indicators and measures, as 

14 determined by the Secretary of Agriculture, assess15 ing the effectiveness of the implementation by the 

16 Secretary of Agriculture of this section for such 

17 year. 

18 SEC. 105. WAIVER TO PURCHASE FOREIGN COMMODITIES 

19 OR PRODUCTS. 

20 (a) IN GENERAL.—Section 12(n)(2) of the Richard 

21 B. Russell National School Lunch Act (42 U.S.C. 

22 1760(n)(2)) is amended— 

23 (1) in subparagraph (A), by striking ‘‘subpara24 graph (B)’’ and inserting ‘‘subparagraphs (B) and 

25 (C)’’; 


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1 (2) in subparagraph (B)(ii), by striking ‘‘for the 

2 school lunch program under this Act or the school 

3 breakfast program under section 4 of the Child Nu4 trition Act of 1966 (42 U.S.C. 1773).’’ and inserting 

5 the following: ‘‘for— 

6 ‘‘(I) the school lunch program 

7 under this Act, including any snacks 

8 served under that program; 

9 ‘‘(II) the special milk program 

10 under section 3 of the Child Nutrition 

11 Act of 1966 (42 U.S.C. 1772); or 

12 ‘‘(III) the school breakfast pro13 gram under section 4 of the Child Nu14 trition Act of 1966 (42 U.S.C. 

15 1773).’’; and 

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

17 ‘‘(C) WAIVER.— 

18 ‘‘(i) WAIVER REQUEST.—Except as 

19 provided in clause (ii), in order to purchase 

20 foreign commodities or products, a school 

21 food authority shall request from the Sec22 retary a waiver of subparagraph (A). 

23 ‘‘(ii) EXCEPTION.—A school food au24 thority may purchase foreign commodities 

25 or products without a waiver under clause 


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1 (i) if the commodities or products are 

2 not— 

3 ‘‘(I) produced domestically; or 

4 ‘‘(II) available domestically. 

5 ‘‘(iii) REQUIREMENTS.—The Sec6 retary may not provide a waiver to pur7 chase foreign commodities or products 

8 under clause (i) unless— 

9 ‘‘(I) the commodities or prod10 ucts— 

11 ‘‘(aa) are not produced do12 mestically in sufficient amounts 

13 or of satisfactory quality; and 

14 ‘‘(bb) if purchased domesti15 cally, would be significantly high16 er in price than such foreign 

17 commodities or products; and 

18 ‘‘(II) the school enters into an 

19 agreement under clause (iv). 

20 ‘‘(iv) AGREEMENT.—The Secretary 

21 may not provide a waiver under clause (i) 

22 unless the school food authority requesting 

23 the waiver agrees— 

24 ‘‘(I) not later than 30 days after 

25 receiving the waiver, to make the 


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1 waiver publicly available on the 

2 website of the school food authority; 

3 and 

4 ‘‘(II) not less than once each 

5 school year, to email a notification of 

6 all waivers to parents or guardians of 

7 students who will be served the for8 eign commodity or product purchased 

9 pursuant to any waivers.’’. 

10 (b) DEFINITION OF FOREIGN COMMODITY.—Section 

11 12(n) of the Richard B. Russell National School Lunch 

12 Act (42 U.S.C. 1760(n)) is amended by striking para13 graph (1) and inserting the following: 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) DOMESTIC COMMODITY OR PROD16 UCT.—The term ‘domestic commodity or prod17 uct’ means— 

18 ‘‘(i) an agricultural commodity that is 

19 produced in the United States; and 

20 ‘‘(ii) a food product that is processed 

21 in the United States substantially using 

22 agricultural commodities that are produced 

23 in the United States. 

24 ‘‘(B) FOREIGN COMMODITY OR PROD25 UCT.—The term ‘foreign commodity or product’ 


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1 means a commodity or product other than a do2 mestic commodity or product.’’. 

3 (c) CONFORMING AMENDMENTS.—Section 12(n) of 

4 the Richard B. Russell National School Lunch Act (42 

5 U.S.C. 1760(n)) is amended— 

6 (1) in paragraph (3), by striking ‘‘Paragraph 

7 (2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C) 

8 of paragraph (2)’’; and 

9 (2) in paragraph (4), by striking ‘‘Paragraph 

10 (2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C) 

11 of paragraph (2)’’. 

12 (d) RULE OF CONSTRUCTION.—Nothing in this sec13 tion or the amendments made by this section affects the 

14 requirements under section 4207 of the Agriculture Im15 provement Act of 2018 (42 U.S.C. 1760 note; Public Law 

16 115–334). 

17 SEC. 106. AUTHORIZATION OF LOCAL FOOD PURCHASE AS18 SISTANCE COOPERATIVE AGREEMENT PRO19 GRAM. 

20 There is authorized to be appropriated to carry out 

21 the local food purchase assistance cooperative agreement 

22 program established pursuant to section 1001 of the 

23 American Rescue Plan Act of 2021 (7 U.S.C. 7501 note; 

24 Public Law 117–2) $400,000,000 for fiscal year 2024 and 

25 each fiscal year thereafter. 


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1 SEC. 107. REPORT REGARDING GRANT RECIPIENTS. 

2 Not later than 180 days after the date of enactment 

3 of this Act and annually thereafter, the Secretary of Agri4 culture shall submit to Congress and make publicly avail5 able on the website of the Department of Agriculture an 

6 easily-navigable report that, with respect to the preceding 

7 year, specifies each organization, farm, individual, or other 

8 entity that received funding (including through a contract, 

9 subcontract, subsidy, loan, or grant) from the Secretary 

10 of Agriculture during that year. 

11 TITLE II—PROTECTING AMER12 ICA’S MEATPACKING WORK13 ERS 

14 SEC. 201. FINDINGS. 

15 Congress finds that— 

16 (1) meat and poultry slaughter and processing 

17 is a particularly dangerous occupation, with meat 

18 and poultry processing workers suffering injuries at 

19 measurably higher rates than workers in other pri20 vate sector industries; 

21 (2) meat and poultry processing workers face 

22 double the rate of amputations as the average work23 er in private industry, and injuries such as sprains, 

24 lacerations, and contusions are common among poul25 try workers; 


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1 (3) meat and poultry processing workers suffer 

2 from musculoskeletal injuries, such as carpal tunnel 

3 syndrome, ‘‘trigger finger’’, tendinitis, rotator cuff 

4 injuries, lower back injuries, and chronic pain and 

5 numbness, in numbers that can exceed 50 percent of 

6 workers; 

7 (4) higher line speeds in meat and poultry proc8 essing facilities is a recognized risk factor that leads 

9 to increased risk of both laceration and musculo10 skeletal injuries; and 

11 (5) meat and poultry processing workers are 

12 subjected to exploitative conditions and abusive be13 havior by employers— 

14 (A) including— 

15 (i) use of abusive and humiliating 

16 shouting by supervisors accusing workers 

17 of not working fast enough and harassing 

18 them to work ‘‘faster’’ and ‘‘harder’’; 

19 (ii) use of sexualized language to har20 ass women workers to work ‘‘harder’’ and 

21 ‘‘faster’’; 

22 (iii) patterns of direct sexual harass23 ment and incidents of sexual assault; and 


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1 (iv) little or no accountability or re2 dress for emotional, sexualized, or psycho3 logical abuse due to— 

4 (I) weak enforcement of, and 

5 noncompliance with, discrimination 

6 protections; and 

7 (II) meat and poultry processing 

8 workers not reporting the abuse due 

9 to fear of receiving more abuse, hav10 ing their employment terminated, or 

11 being reported to immigration en12 forcement; and 

13 (B) that lead to long-term psychological 

14 impacts, including increased feelings of anger 

15 and stress by workers pressured to work faster 

16 and more aggressively to slaughter animals on 

17 killing lines. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

20 (1) COVERED ESTABLISHMENT.—The term 

21 ‘‘covered establishment’’ means— 

22 (A) an official establishment (as defined in 

23 section 301.2 of title 9, Code of Federal Regu24 lations (or successor regulations)) that is subVerDate Sep 11 2014 00:35 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4978.IH H4978

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1 ject to inspection under the Federal Meat In2 spection Act (21 U.S.C. 601 et seq.); and 

3 (B) an official establishment (as defined in 

4 section 381.1(b) of title 9, Code of Federal 

5 Regulations (or successor regulations)) that is 

6 subject to inspection under the Poultry Prod7 ucts Inspection Act (21 U.S.C. 451 et seq.). 

8 (2) EMPLOYEE; EMPLOYER.—Unless otherwise 

9 specified, the terms ‘‘employee’’ and ‘‘employer’’ 

10 have the meanings given those terms in section 3 of 

11 the Occupational Safety and Health Act of 1970 (29 

12 U.S.C. 652). 

13 Subtitle A—Reforms to Protect 

14 Meat and Poultry Processing 

15 Workers 

16 PART I—DEPARTMENT OF AGRICULTURE 

17 SEC. 211. RULE ON INCREASED LINE SPEEDS AT MEAT AND 

18 POULTRY ESTABLISHMENTS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Service. 

22 (2) ASSISTANT SECRETARY.—The term ‘‘Assist23 ant Secretary’’ means the Assistant Secretary of 

24 Labor for Occupational Safety and Health. 


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

2 the Director of the National Institute for Occupa3 tional Safety and Health. 

4 (4) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Agriculture. 

6 (5) SERVICE.—The term ‘‘Service’’ means the 

7 Food Safety Inspection Service. 

8 (b) RULE ON WAIVERS.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law (including regulations, including 

11 sections 303.1(h) and 381.3(b) of title 9, Code of 

12 Federal Regulations (or successor regulations)), the 

13 Secretary, acting through the Administrator, shall 

14 not issue a waiver under those regulations relating 

15 to line speeds that would result in higher line speeds 

16 at a covered establishment or inspection staffing re17 quirements for a covered establishment unless the 

18 covered establishment— 

19 (A) agrees to an inspection conducted by 

20 the Assistant Secretary or the Director for the 

21 purposes of the waiver; and 

22 (B) the Assistant Secretary or the Director 

23 certifies to the Secretary that any increases in 

24 line speed at the covered establishment would 

25 not have an adverse impact on worker safety. 


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1 (2) INSPECTIONS.—An inspection conducted by 

2 the Assistant Secretary or the Director under para3 graph (1)(A) shall include— 

4 (A) an ergonomic analysis of all jobs in the 

5 applicable covered establishment that may expe6 rience an increased work pace due to increasing 

7 the number of animals being slaughtered— 

8 (i) per minute; and 

9 (ii) per hour; 

10 (B) an assessment of the current rates of 

11 musculoskeletal disorders in the covered estab12 lishment; 

13 (C) a review of current efforts at the cov14 ered establishment to mitigate the disorders re15 ferred to in subparagraph (B), including a re16 view of how medical personnel at the covered 

17 establishment manage those disorders; and 

18 (D) a review of the impact of any proposed 

19 line speed increases on the pace of work for 

20 workers on the slaughter and production lines 

21 of the covered establishment (including the 

22 workers that package the meat). 

23 (3) LIMITATION ON AUTHORITY OVER LINE

24 SPEEDS.—None of the funds made available to the 

25 Secretary on or after the date of enactment of this 


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1 Act may be used to develop, propose, finalize, issue, 

2 amend, or implement any policy, regulation, direc3 tive, constituent update, or any other agency pro4 gram that would increase line speeds at covered es5 tablishments. 

6 (4) EFFECT ON STATE LAW.— 

7 (A) IN GENERAL.—This subsection shall 

8 not preempt or limit any law or regulation of a 

9 State or a political subdivision of a State that— 

10 (i) imposes requirements that are 

11 more protective of worker safety or animal 

12 welfare than the requirements of this sub13 section; or 

14 (ii) creates penalties for conduct regu15 lated by this subsection. 

16 (B) OTHER LAWS.—The requirements of 

17 this subsection are in addition to, and not in 

18 lieu of, any other laws protecting worker safety 

19 and animal welfare. 

20 (c) TRANSPARENCY IN RULEMAKING.—With respect 

21 to each rulemaking proceeding initiated by the Adminis22 trator on or after the date of enactment of this Act, the 

23 Administrator shall comply with— 

24 (1) the data quality guidelines of the Service, 

25 which state that the Service and the offices of the 


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1 Service are held to a standard of transparency to en2 sure that the information shared by the Service is 

3 presented in an accurate, reliable, and unbiased 

4 manner; and 

5 (2) Executive Order 13563 (5 U.S.C. 601 note; 

6 relating to improving regulation and regulatory re7 view), which requires Federal agencies to provide 

8 timely online access to relevant scientific information 

9 in an open format that can easily be searched and 

10 downloaded during a proposed rulemaking. 

11 (d) EVALUATION OF RULEMAKING AND POLICIES.— 

12 In evaluating the impact of any rulemaking or policy, the 

13 Secretary shall request that the Director conduct an eval14 uation of the rulemaking or policy that includes a review 

15 of— 

16 (1) current safety conditions and injuries and 

17 illnesses at the applicable covered establishments, in18 cluding medical exams and medical histories; 

19 (2) whether the policy proposals will increase 

20 the pace of work for any employee at the applicable 

21 covered establishments; and 

22 (3) whether, and the extent to which, the policy 

23 proposals will impact worker safety. 

24 (e) REPORT ON IMPLEMENTATION OF RULES.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the implementation of any rule relating to line 

3 speeds at covered establishments, the Secretary shall 

4 submit to Congress a report on the impact of the 

5 rule on— 

6 (A) line speeds at covered establishments; 

7 (B) worker safety and health at covered es8 tablishments; 

9 (C) ergonomic aspects of jobs at covered 

10 establishments; and 

11 (D) staffing levels that will ensure worker 

12 safety at covered establishments. 

13 (2) REQUIREMENT.—A report under paragraph 

14 (1) shall include— 

15 (A) the results of a study carried out by an 

16 industrial engineer on every type of job at cov17 ered establishments impacted by the applicable 

18 rule; 

19 (B) a determination of the industrial engi20 neer of the number of workers needed— 

21 (i) to do each job safely; and 

22 (ii) to operate the covered establish23 ment at different line speeds; and 

24 (C) a job crewing report prepared by the 

25 industrial engineer. 


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1 PART II—FAIR ATTENDANCE POLICIES 

2 SEC. 221. DEFINITIONS. 

3 In this part: 

4 (1) COVERED ENTITY.—The term ‘‘covered en5 tity’’— 

6 (A) has the meaning given the term ‘‘re7 spondent’’ in section 701(n) of the Civil Rights 

8 Act of 1964 (42 U.S.C. 2000e(n)); and 

9 (B) includes— 

10 (i) an employing office, as defined in 

11 section 101 of the Congressional Account12 ability Act of 1995 (2 U.S.C. 1301); 

13 (ii) an employing office, as defined in 

14 section 411(c) of title 3, United States 

15 Code; 

16 (iii) an entity employing a State em17 ployee described in section 304(a) of the 

18 Government Employee Rights Act of 1991 

19 (42 U.S.C. 2000e–16c(a)); and 

20 (iv) an entity to which section 717(a) 

21 of the Civil Rights Act of 1964 (42 U.S.C. 

22 2000e–16(a)) applies. 

23 (2) EMPLOYEE.—The term ‘‘employee’’ 

24 means— 


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1 (A) an employee (including an applicant), 

2 as defined in section 701(f) of the Civil Rights 

3 Act of 1964 (42 U.S.C. 2000e(f)); 

4 (B) a covered employee (including an ap5 plicant), as defined in section 101 of the Con6 gressional Accountability Act of 1995 (2 U.S.C. 

7 1301); 

8 (C) a covered employee (including an appli9 cant), as defined in section 411(c) of title 3, 

10 United States Code; 

11 (D) a State employee (including an appli12 cant) described in section 304(a) of the Govern13 ment Employee Rights Act of 1991 (42 U.S.C. 

14 2000e–16c(a)); or 

15 (E) an employee (including an applicant) 

16 to which section 717(a) of the Civil Rights Act 

17 of 1964 (42 U.S.C. 2000e–16(a)) applies. 

18 (3) LEGALLY PROTECTED LEAVE.—The term 

19 ‘‘legally protected leave’’, when used with respect to 

20 an employee, means leave that is protected under a 

21 Federal, State, or local law applicable to the em22 ployee. 

23 (4) NO FAULT ATTENDANCE POLICY.—The 

24 term ‘‘no fault attendance policy’’ means a policy or 

25 pattern and practice maintained by a covered entity 


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1 under which employees face consequences for any 

2 absence, tardy, or early departure through the as3 sessment of points (also referred to as ‘‘demerits’’ or 

4 ‘‘occurrences’’) or deductions from an allotted bank 

5 of time, and those points or deductions subject the 

6 employee to progressive disciplinary action, which 

7 may include failure to receive a promotion, loss of 

8 pay, or termination. 

9 (5) PERSON.—The term ‘‘person’’ has the 

10 meaning given such term in section 701(a) of the 

11 Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Labor. 

14 SEC. 222. REQUIREMENTS FOR EMPLOYERS RELATING TO 

15 NO FAULT ATTENDANCE POLICIES OR AT16 TENDANCE SYSTEMS. 

17 (a) REQUIREMENTS FOR NO FAULT ATTENDANCE

18 POLICY.—It shall be considered an unlawful employment 

19 practice for a covered entity to maintain a no fault attend20 ance policy, unless the covered entity complies with the 

21 following: 

22 (1) The no fault attendance policy shall be dis23 tributed in writing (and be made available in the pri24 mary language of such employee)— 


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1 (A) not later than 90 days after the date 

2 of enactment of this Act, to each employee em3 ployed by the covered entity as of that date of 

4 distribution; and 

5 (B) with respect to each employee hired by 

6 the covered entity after such date of enactment, 

7 upon the commencement of the employee’s em8 ployment. 

9 (2) If any changes are made to the no fault at10 tendance policy, the no fault attendance policy shall 

11 be distributed in writing to all employees by not 

12 later than 30 days after the date of the changes. 

13 (3) The covered entity shall provide employees 

14 with a means of accessing the no fault attendance 

15 policy at any physical workplace, and outside of a 

16 physical workplace, in an accessible location. 

17 (4) The no fault attendance policy shall explic18 itly state that employees will not face disciplinary 

19 action or other adverse consequences, which may in20 clude the assessment of points or a deduction from 

21 an allotted bank of time, for legally protected leave. 

22 (5) The no fault attendance policy shall specifi23 cally reference and provide a reasonable amount of 

24 detail about all Federal, State, and local laws appli25 cable to the employees that provide legally protected 


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1 leave, including the Americans with Disabilities Act 

2 of 1990 (42 U.S.C. 12101 et seq.), the Family and 

3 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), 

4 and chapter 43 of title 38, United States Code. 

5 (6) The no fault attendance policy shall identify 

6 a process for employees to complete each of the fol7 lowing: 

8 (A) Report that an absence is for legally 

9 protected leave. 

10 (B) Provide medical documentation, if it is 

11 required under the no fault attendance policy in 

12 order to avoid disciplinary action or other ad13 verse consequences for legally protected leave. 

14 (C) Seek removal of points that an em15 ployee believes were wrongly assessed, or the 

16 restoration of time that an employee believes 

17 was wrongly deducted for legally protected 

18 leave. 

19 (D) Delay the reporting of an absence in 

20 unforeseen or emergency circumstances without 

21 incurring additional points or discipline. 

22 (b) REQUIREMENTS FOR ATTENDANCE SYSTEMS.— 

23 It shall be an unlawful employment practice for a covered 

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1 cising, or attempting to exercise, any right to legally pro2 tected leave. 

3 SEC. 223. REMEDIES AND ENFORCEMENT. 

4 (a) CIVIL ACTION.—The powers, remedies, and pro5 cedures provided in section 107 of the Family and Medical 

6 Leave Act of 1993 (29 U.S.C. 2617) shall be the powers, 

7 remedies, and procedures this part provides to any person 

8 alleging an unlawful employment practice described in sec9 tion 222. 

10 (b) PENALTIES.—Any covered entity that commits an 

11 unlawful employment practice described in section 222 

12 shall be subject to a civil penalty not to exceed the 

13 amounts under section 17(a) of the Occupational Safety 

14 and Health Act of 1970 (29 U.S.C. 666(a)), as adjusted 

15 annually for inflation. The Secretary may bring any legal 

16 action necessary, including administrative action, to collect 

17 such penalties. 

18 SEC. 224. RULEMAKING. 

19 Not later than 2 years after the date of enactment 

20 of this Act, the Secretary, in coordination with the Equal 

21 Employment Opportunity Commission and the heads of 

22 other relevant Federal agencies, shall issue regulations in 

23 an accessible format in accordance with subchapter II of 

24 chapter 5 of title 5, United States Code, to carry out this 

25 part. Such regulations shall provide an example of a model 


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1 no fault attendance policy that conforms to the require2 ments of this part. 

3 SEC. 225. RELATIONSHIP TO OTHER LAWS. 

4 Nothing in this part shall be construed to invalidate 

5 or limit the powers, remedies, and procedures under any 

6 Federal law or law of any State or political subdivision 

7 of any State or jurisdiction that provide legally protected 

8 leave. 

9 PART III—OCCUPATIONAL SAFETY AND HEALTH 

10 ADMINISTRATION REFORMS 

11 SEC. 231. DEFINITIONS. 

12 In this part, the terms ‘‘Secretary’’ and ‘‘State’’ have 

13 the meanings given such terms in section 3 of the Occupa14 tional Safety and Health Act of 1970 (29 U.S.C. 652). 

15 SEC. 232. ENSURING COMPLIANCE WITH EMPLOYEE 

16 RIGHTS TO USE TOILET FACILITIES AT COV17 ERED ESTABLISHMENTS. 

18 (a) IN GENERAL.—During any inspection of a cov19 ered establishment conducted pursuant to section 8 of the 

20 Occupational Safety and Health Act of 1970 (29 U.S.C. 

21 657), the Secretary shall verify that the employer of em22 ployees working at such establishment is in compliance 

23 with the occupational safety and health standard set forth 

24 in section 1910.141 of title 29, Code of Federal Regula25 tions, as in effect on the day before the date of enactment 


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1 of this Act, for employers to provide prompt access for 

2 employees to visit and use toilet facilities, including such 

3 standard as interpreted by the memorandum for regional 

4 administrators and State designees regarding ‘‘Interpreta5 tion of 29 CFR. 1910.141(c)(1)(i): Toilet Facilities’’ 

6 issued by the Occupational Safety and Health Administra7 tion on April 6, 1998, and any successor regulation. 

8 (b) REQUIREMENTS.—In carrying out subsection (a), 

9 the Secretary shall verify that the employer described in 

10 such subsection— 

11 (1) allows employees to leave their work loca12 tions to use a toilet facility when needed and without 

13 punishment; 

14 (2) provides an adequate number of toilet facili15 ties for the size of the workforce to prevent long 

16 lines; 

17 (3) avoids imposing unreasonable restrictions 

18 including waiting lists on the use of toilet facilities; 

19 (4) ensures that restrictions, such as locking 

20 doors or requiring employees to sign out a key, do 

21 not cause extended delays in access to toilet facili22 ties; and 

23 (5) compensates each employee for breaks for 

24 using toilet facilities at the regular rate of pay of the 

25 employee in accordance with section 785.18 of title 


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1 29, Code of Federal Regulations, as in effect on the 

2 day before the date of enactment of this Act, and 

3 any other applicable Federal, State, or local law. 

4 SEC. 233. OCCUPATIONAL SAFETY AND HEALTH STAND5 ARDS TO PROTECT EMPLOYEES IN COVERED 

6 ESTABLISHMENTS. 

7 (a) STANDARD FOR PROTECTING EMPLOYEES FROM

8 OCCUPATIONAL RISK FACTORS CAUSING MUSCULO9 SKELETAL DISORDERS.— 

10 (1) PROPOSED STANDARD.—Not later than 1 

11 year after the date of enactment of this Act, the 

12 Secretary shall, pursuant to section 6 of the Occupa13 tional Safety and Health Act of 1970 (29 U.S.C. 

14 655), publish in the Federal Register a proposed 

15 standard for ergonomic program management for 

16 covered establishments. Such proposed standard 

17 shall include requirements for— 

18 (A) hazard identification and ergonomic 

19 job evaluations, including requirements for em20 ployee and authorized employee representative 

21 participation in such identification; 

22 (B) hazard control, which such require23 ments rely on the principles of the hierarchy of 

24 controls and which may include measures such 

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1 sign, work pace reductions, or job rotation to 

2 less forceful or repetitive jobs; 

3 (C) training for employees regarding em4 ployer activities, occupational risk factors, and 

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

7 (D) medical management that includes— 

8 (i) encouraging early reporting of 

9 musculoskeletal disorder symptoms; 

10 (ii) first aid delivered by those oper11 ating under State licensing requirements; 

12 and 

13 (iii) systematic evaluation and early 

14 referral for medical attention. 

15 (2) FINAL STANDARD.—Not later than 30 

16 months after the date of enactment this Act, the 

17 Secretary shall, pursuant to section 6 of the Occupa18 tional Safety and Health Act of 1970 (29 U.S.C. 

19 655), publish in the Federal Register a final stand20 ard based on the proposed standard under para21 graph (1). 

22 (b) STANDARD FOR PROTECTING EMPLOYEES FROM

23 DELAYS IN MEDICAL TREATMENT REFERRALS FOL24 LOWING INJURIES OR ILLNESSES.— 


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1 (1) PROPOSED STANDARD.—Not later than 3 

2 months after the date of enactment of this Act, the 

3 Secretary shall, pursuant to section 6 of the Occupa4 tional Safety and Health Act of 1970 (29 U.S.C. 

5 655), publish in the Federal Register a proposed 

6 standard requiring that all employers with employees 

7 working at a covered establishment who, in accord8 ance with the standard promulgated under section 

9 1910.151 of title 29, Code of Federal Regulations, 

10 as in effect on the day before the date of enactment 

11 of this Act, are required to have a person readily 

12 available at the establishment who is adequately 

13 trained to render first aid shall ensure that such 

14 person— 

15 (A) without delay, refers any such em16 ployee who reports an injury or illness that re17 quires further medical treatment to an appro18 priate medical professional of the employee’s 

19 choice for such treatment; 

20 (B) provides for occupational medicine con21 sultation services through a physician who is 

22 board certified in occupational medicine, which 

23 services shall include— 

24 (i) regular review of any health and 

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1 gram, or ergonomics program of the em2 ployer; 

3 (ii) review of any work-related injury 

4 or illness of an employee; 

5 (iii) providing onsite health services 

6 for treatment of such injury or illness; and 

7 (iv) consultation referral to a local 

8 health care provider for treating such in9 jury or illness; and 

10 (C) complies with the licensing require11 ments for licensed practical nurses or registered 

12 nurses in the State in which the establishment 

13 is located. 

14 (2) FINAL STANDARD.—Not later than 1 year 

15 after the date of enactment of this Act, the Sec16 retary shall, pursuant to section 6 of the Occupa17 tional Safety and Health Act of 1970 (29 U.S.C. 

18 655), publish in the Federal Register a final stand19 ard based on the proposed standard under para20 graph (1). 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $2,000,000 for fiscal 

23 year 2024 to carry out this section. 


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1 SEC. 234. PERMANENT REGIONAL EMPHASIS INSPECTION 

2 PROGRAM; EXPANDING INSPECTIONS. 

3 (a) REGIONAL EMPHASIS INSPECTION PROGRAM.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the date of enactment of this Act, the Secretary 

6 shall, pursuant to section 8 of the Occupational 

7 Safety and Health Act of 1970 (29 U.S.C. 657), im8 plement a regional emphasis inspection program for 

9 covered establishments in every State in which a cov10 ered establishment is located. Such program shall 

11 cover— 

12 (A) amputation hazards; 

13 (B) ergonomics; 

14 (C) hazards related to line speeds; 

15 (D) bathroom breaks; 

16 (E) use of chemicals such as peracetic acid 

17 (antimicrobials); and 

18 (F) working conditions in high and low 

19 temperatures. 

20 (2) STATE PLANS.—Not later than 30 days 

21 after the date of enactment of this Act, a State with 

22 a State plan that has been approved by the Sec23 retary under section 18 of such Act (29 U.S.C. 667) 

24 shall adopt in each region within the State in which 

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1 sis inspection program that is at least as effective as 

2 the program under paragraph (1). 

3 (b) EXPANDING INSPECTIONS WHEN INFORMATION

4 PRESENTS POSSIBLE ADDITIONAL DANGERS.— 

5 (1) IN GENERAL.—If the Secretary conducts a 

6 physical inspection of a covered establishment pursu7 ant to section 8 of such Act in response to a refer8 ral, complaint, or fatality, and the Secretary, during 

9 such inspection makes a determination described in 

10 paragraph (2), the Secretary shall expand such in11 spection to all areas of the establishment. 

12 (2) DETERMINATION.—A determination de13 scribed in this paragraph is either of the following: 

14 (A) A determination, following a review of 

15 records of work-related injuries and illnesses 

16 maintained in accordance with such section 8, 

17 that a work-related injury or illness may be re18 lated to a workplace danger that may threaten 

19 physical harm. 

20 (B) A determination, upon interviews with 

21 employees, that a workplace danger may threat22 en physical harm. 


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1 SEC. 235. REPRESENTATIVES DURING PHYSICAL INSPEC2 TIONS. 

3 (a) PROPOSED RULE.—Not later than 1 year after 

4 the date of enactment of this Act, the Secretary shall, 

5 under section 8(e) of the Occupational Safety and Health 

6 Act of 1970 (29 U.S.C. 657(e)), publish in the Federal 

7 Register a regulation providing that during a physical in8 spection of a covered establishment under such section— 

9 (1) the representative authorized by employees 

10 to be given the opportunity to accompany the Sec11 retary during the inspection as described in such 

12 section shall not be required to be an employee of 

13 the employer; 

14 (2) where there is no representative authorized 

15 by employees as described in paragraph (1), the em16 ployees may designate a person affiliated with a 

17 worker-based community organization to serve as 

18 such representative; and 

19 (3) the inspector may arrange for interviews 

20 with employees off-site upon the request of the rep21 resentative or designated person. 

22 (b) FINAL RULE.—Not later than 2 years after the 

23 date of enactment of this Act, the Secretary shall publish 

24 in the Federal Register a final rule for the proposed rule 

25 under subsection (a). 


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1 SEC. 236. ENHANCED PROTECTIONS FROM RETALIATION. 

2 (a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the 

3 Occupational Safety and Health Act of 1970 (29 U.S.C. 

4 660(c)(1)) is amended— 

5 (1) by striking ‘‘discharge’’ and all that follows 

6 through ‘‘because such’’ and inserting the following: 

7 ‘‘discharge or cause to be discharged, or in any 

8 other manner retaliate or discriminate against or 

9 cause to be retaliated or discriminated against, any 

10 employee because— 

11 ‘‘(A) such’’; 

12 (2) by striking ‘‘this Act or has’’ and inserting 

13 the following: ‘‘this Act; 

14 ‘‘(B) such employee has’’; 

15 (3) by striking ‘‘in any such proceeding or be16 cause of the exercise’’ and inserting the following: 

17 ‘‘before Congress or in any Federal or State pro18 ceeding related to safety or health; 

19 ‘‘(C) such employee has refused to violate any 

20 provision of this Act; or 

21 ‘‘(D) of this exercise’’; and 

22 (4) by inserting before the period at the end the 

23 following: ‘‘, including the reporting of any injury, 

24 illness, or unsafe condition to the employer, agent of 

25 the employer, safety and health committee involved, 


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1 or employee safety and health representative in2 volved’’. 

3 (b) PROHIBITION OF RETALIATION; PROCEDURE.— 

4 Section 11 of such Act (29 U.S.C. 660) is amended— 

5 (1) in subsection (c)— 

6 (A) in paragraph (2)— 

7 (i) by striking ‘‘discharged or other8 wise discriminated against by any person 

9 in violation of this subsection’’ and insert10 ing ‘‘aggrieved by a violation of this sub11 section’’; and 

12 (ii) by striking ‘‘such discrimination’’ 

13 and inserting ‘‘such violation’’; and 

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

15 ‘‘(4) EXCEPTION FOR MEAT AND POULTRY ES16 TABLISHMENTS.—Paragraphs (2) and (3) shall not 

17 apply with respect to a complaint filed by an em18 ployee of an employer that is a covered establish19 ment, as defined in section 202 of the Agricultural 

20 Worker Justice Act.’’; and 

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

22 ‘‘(d) MEAT AND POULTRY ESTABLISHMENTS.— 

23 ‘‘(1) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) COMPLAINANT.—The term ‘complain2 ant’ means a complainant who is a covered em3 ployee. 

4 ‘‘(B) COVERED EMPLOYEE.—The term 

5 ‘covered employee’ means an employee of a cov6 ered employer. 

7 ‘‘(C) COVERED EMPLOYER.—The term 

8 ‘covered employer’ means an employer that is a 

9 covered establishment, as defined in section 202 

10 of the Agricultural Worker Justice Act. 

11 ‘‘(D) RESPONDENT.—The term ‘respond12 ent’ means a respondent who is a covered em13 ployer. 

14 ‘‘(2) REASONABLE APPREHENSION.—No person 

15 shall discharge, or cause to be discharged, or in any 

16 other manner retaliate or discriminate against, or 

17 cause to be retaliated or discriminated against, a 

18 covered employee for refusing to perform the covered 

19 employee’s duties if— 

20 ‘‘(A) the covered employee has a reason21 able apprehension that performing such duties 

22 would result in serious injury to, or serious im23 pairment of the health of, the covered employee 

24 or other covered employees; and 


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1 ‘‘(B) when practicable, the covered em2 ployee has communicated or attempted to com3 municate such reasonable apprehension to the 

4 covered employer and has not received from the 

5 covered employer a response reasonably cal6 culated to allay such apprehension. 

7 ‘‘(3) COMPLAINT.—Any covered employee who 

8 believes that the covered employee has been dis9 charged, disciplined, or otherwise retaliated or dis10 criminated against by any person in violation of sub11 section (c)(1) or paragraph (2) of this subsection 

12 may seek relief for such violation by filing a com13 plaint with the Secretary under paragraph (5). 

14 ‘‘(4) STATUTE OF LIMITATIONS.— 

15 ‘‘(A) IN GENERAL.—A covered employee 

16 may take the action permitted by paragraph (3) 

17 not later than 180 days after the later of— 

18 ‘‘(i) the date on which an alleged vio19 lation of subsection (c)(1) or paragraph (2) 

20 of this subsection occurs; or 

21 ‘‘(ii) the date on which the covered 

22 employee knows or should reasonably have 

23 known that such alleged violation occurred. 

24 ‘‘(B) REPEAT VIOLATION.—Except in 

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1 charged, a violation of subsection (c)(1) or 

2 paragraph (2) of this subsection shall be consid3 ered to have occurred on the last date an al4 leged repeat violation occurred. 

5 ‘‘(5) INVESTIGATION.— 

6 ‘‘(A) IN GENERAL.—A covered employee 

7 may, within the time period required under 

8 paragraph (4)(A), file a complaint with the Sec9 retary alleging a violation of subsection (c)(1) 

10 or paragraph (2) of this subsection. If the com11 plaint alleges a prima facie case, the Secretary 

12 shall conduct an investigation of the allegations 

13 in the complaint, which— 

14 ‘‘(i) shall include— 

15 ‘‘(I) interviewing the complain16 ant; 

17 ‘‘(II) providing the respondent an 

18 opportunity to— 

19 ‘‘(aa) submit to the Sec20 retary a written response to the 

21 complaint; and 

22 ‘‘(bb) meet with the Sec23 retary to present statements from 

24 witnesses or provide evidence; 

25 and 


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1 ‘‘(III) providing the complainant 

2 an opportunity to— 

3 ‘‘(aa) receive any statements 

4 or evidence provided to the Sec5 retary; 

6 ‘‘(bb) meet with the Sec7 retary; and 

8 ‘‘(cc) rebut any statements 

9 or evidence; and 

10 ‘‘(ii) may include issuing subpoenas 

11 for the purposes of such investigation. 

12 ‘‘(B) DECISION.—Not later than 90 days 

13 after the filing of the complaint under this 

14 paragraph, the Secretary shall— 

15 ‘‘(i) determine whether reasonable 

16 cause exists to believe that a violation of 

17 subsection (c)(1) or paragraph (2) of this 

18 subsection has occurred; and 

19 ‘‘(ii) issue a decision granting or de20 nying relief. 

21 ‘‘(6) PRELIMINARY ORDER FOLLOWING INVES22 TIGATION.—If, after completion of an investigation 

23 under paragraph (5)(A), the Secretary finds reason24 able cause to believe that a violation of subsection 

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1 curred, the Secretary shall issue a preliminary order 

2 providing relief authorized under paragraph (14) at 

3 the same time the Secretary issues a decision under 

4 paragraph (5)(B). If a de novo hearing is not re5 quested within the time period required under para6 graph (7)(A)(i), such preliminary order shall be 

7 deemed a final order of the Secretary and is not 

8 subject to judicial review. 

9 ‘‘(7) HEARING.— 

10 ‘‘(A) REQUEST FOR HEARING.— 

11 ‘‘(i) IN GENERAL.—A de novo hearing 

12 on the record before an administrative law 

13 judge may be requested— 

14 ‘‘(I) by the complainant or re15 spondent within 30 days after receiv16 ing notification of a decision granting 

17 or denying relief issued under para18 graph (5)(B) or a preliminary order 

19 under paragraph (6), respectively; 

20 ‘‘(II) by the complainant within 

21 30 days after the date the complaint 

22 is dismissed without investigation by 

23 the Secretary under paragraph (5)(A); 

24 or 


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1 ‘‘(III) by the complainant within 

2 120 days after the date of filing the 

3 complaint under paragraph (5), if the 

4 Secretary has not issued a decision 

5 under paragraph (5)(B). 

6 ‘‘(ii) REINSTATEMENT ORDER.—The 

7 request for a hearing shall not operate to 

8 stay any preliminary reinstatement order 

9 issued under paragraph (6). 

10 ‘‘(B) PROCEDURES.— 

11 ‘‘(i) IN GENERAL.—A hearing re12 quested under this paragraph shall be con13 ducted expeditiously and in accordance 

14 with rules established by the Secretary for 

15 hearings conducted by administrative law 

16 judges. 

17 ‘‘(ii) SUBPOENAS; PRODUCTION OF

18 EVIDENCE.—In conducting any such hear19 ing, the administrative law judge may issue 

20 subpoenas. The respondent or complainant 

21 may request the issuance of subpoenas 

22 that require the deposition of, or the at23 tendance and testimony of, witnesses and 

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1 ings) relating to the matter under consid2 eration. 

3 ‘‘(iii) DECISION.—The administrative 

4 law judge shall issue a decision not later 

5 than 90 days after the date on which a 

6 hearing was requested under this para7 graph and promptly notify, in writing, the 

8 parties and the Secretary of such decision, 

9 including the findings of fact and conclu10 sions of law. If the administrative law 

11 judge finds that a violation of subsection 

12 (c)(1) or paragraph (2) of this subsection 

13 has occurred, the judge shall issue an 

14 order for relief under paragraph (14). If 

15 review under paragraph (8) is not timely 

16 requested, such order shall be deemed a 

17 final order of the Secretary that is not sub18 ject to judicial review. 

19 ‘‘(8) ADMINISTRATIVE APPEAL.— 

20 ‘‘(A) IN GENERAL.—Not later than 30 

21 days after the date of notification of a decision 

22 and order issued by an administrative law judge 

23 under paragraph (7), the complainant or re24 spondent may file, with objections, an adminis25 trative appeal with an administrative review 


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1 body designated by the Secretary (referred to in 

2 this paragraph as the ‘review board’). 

3 ‘‘(B) STANDARD OF REVIEW.—In review4 ing the decision and order of the administrative 

5 law judge, the review board shall affirm the de6 cision and order if it is determined that the fac7 tual findings set forth therein are supported by 

8 substantial evidence and the decision and order 

9 are made in accordance with applicable law. 

10 ‘‘(C) DECISIONS.—If the review board 

11 grants an administrative appeal, the review 

12 board shall issue a final decision and order af13 firming or reversing, in whole or in part, the 

14 decision under review by not later than 90 days 

15 after receipt of the administrative appeal. If it 

16 is determined that a violation of subsection 

17 (c)(1) or paragraph (2) of this subsection has 

18 occurred, the review board shall issue a final 

19 decision and order providing relief authorized 

20 under paragraph (14). Such decision and order 

21 shall constitute final agency action with respect 

22 to the matter appealed. 

23 ‘‘(9) SETTLEMENT IN THE ADMINISTRATIVE

24 PROCESS.— 


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1 ‘‘(A) IN GENERAL.—At any time before 

2 issuance of a final order, an investigation or 

3 proceeding under this subsection may be termi4 nated on the basis of a settlement agreement 

5 entered into by the parties. 

6 ‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 

7 Neither the Secretary, an administrative law 

8 judge, nor the review board conducting a hear9 ing under this subsection shall accept a settle10 ment that contains conditions conflicting with 

11 the rights protected under this Act or that are 

12 contrary to public policy, including a restriction 

13 on a complainant’s right to future employment 

14 with employers other than the specific covered 

15 employers named in a complaint. 

16 ‘‘(10) INACTION BY THE REVIEW BOARD OR AD17 MINISTRATIVE LAW JUDGE.— 

18 ‘‘(A) IN GENERAL.—The complainant may 

19 bring a de novo action described in subpara20 graph (B) if— 

21 ‘‘(i) an administrative law judge has 

22 not issued a decision and order within the 

23 90-day time period required under para24 graph (7)(B)(iii); or 


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1 ‘‘(ii) the review board has not issued 

2 a decision and order within the 90-day 

3 time period required under paragraph 

4 (8)(C). 

5 ‘‘(B) DE NOVO ACTION.—Such de novo ac6 tion may be brought at law or equity in the 

7 United States district court for the district 

8 where a violation of subsection (c)(1) or para9 graph (2) of this subsection allegedly occurred 

10 or where the complainant resided on the date of 

11 such alleged violation. The court shall have ju12 risdiction over such action without regard to the 

13 amount in controversy and to order appropriate 

14 relief under paragraph (14). Such action shall, 

15 at the request of either party to such action, be 

16 tried by the court with a jury. 

17 ‘‘(11) JUDICIAL REVIEW.— 

18 ‘‘(A) TIMELY APPEAL TO THE COURT OF

19 APPEALS.—Any party adversely affected or ag20 grieved by a final decision and order issued 

21 under this subsection may obtain review of such 

22 decision and order in the United States Court 

23 of Appeals for the circuit where the violation, 

24 with respect to which such final decision and 

25 order was issued, allegedly occurred or where 


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1 the complainant resided on the date of such al2 leged violation. To obtain such review, a party 

3 shall file a petition for review not later than 60 

4 days after the final decision and order was 

5 issued. Such review shall conform to chapter 7 

6 of title 5, United States Code. The commence7 ment of proceedings under this subparagraph 

8 shall not, unless ordered by the court, operate 

9 as a stay of the final decision and order. 

10 ‘‘(B) LIMITATION ON COLLATERAL AT11 TACK.—An order and decision with respect to 

12 which review may be obtained under subpara13 graph (A) shall not be subject to judicial review 

14 in any criminal or other civil proceeding. 

15 ‘‘(12) ENFORCEMENT OF ORDER.—If a re16 spondent fails to comply with an order issued under 

17 this subsection, the Secretary or the complainant on 

18 whose behalf the order was issued may file a civil ac19 tion for enforcement in the United States district 

20 court for the district in which the violation was 

21 found to occur to enforce such order. If both the 

22 Secretary and the complainant file such action, the 

23 action of the Secretary shall take precedence. The 

24 district court shall have jurisdiction to grant all ap25 propriate relief described in paragraph (14). 


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1 ‘‘(13) BURDENS OF PROOF.— 

2 ‘‘(A) CRITERIA FOR DETERMINATION.—In 

3 making a determination or adjudicating a com4 plaint pursuant to this subsection, the Sec5 retary, administrative law judge, review board, 

6 or a court may determine that a violation of 

7 subsection (c)(1) or paragraph (2) of this sub8 section has occurred only if the complainant 

9 demonstrates that any conduct described in 

10 subsection (c)(1) or paragraph (2) of this sub11 section with respect to the complainant was a 

12 contributing factor in the adverse action alleged 

13 in the complaint. 

14 ‘‘(B) PROHIBITION.—Notwithstanding sub15 paragraph (A), a decision or order that is favor16 able to the complainant shall not be issued in 

17 any administrative or judicial action pursuant 

18 to this subsection if the respondent dem19 onstrates by clear and convincing evidence that 

20 the respondent would have taken the same ad21 verse action in the absence of such conduct. 

22 ‘‘(14) RELIEF.— 

23 ‘‘(A) ORDER FOR RELIEF.—If the Sec24 retary, administrative law judge, review board, 

25 or a court determines that a covered employer 


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1 has violated subsection (c)(1) or paragraph (2) 

2 of this subsection, the Secretary, administrative 

3 law judge, review board, or court, respectively, 

4 shall have jurisdiction to order all appropriate 

5 relief, including injunctive relief, and compen6 satory and exemplary damages, including— 

7 ‘‘(i) affirmative action to abate the 

8 violation; 

9 ‘‘(ii) reinstatement without loss of po10 sition or seniority, and restoration of the 

11 terms, rights, conditions, and privileges as12 sociated with the complainant’s employ13 ment, including opportunities for pro14 motions to positions with equivalent or bet15 ter compensation for which the complain16 ant is qualified; 

17 ‘‘(iii) compensatory and consequential 

18 damages sufficient to make the complain19 ant whole (including back pay, prejudg20 ment interest, and other damages); and 

21 ‘‘(iv) expungement of all warnings, 

22 reprimands, or derogatory references that 

23 have been placed in paper or electronic 

24 records or databases of any type relating 

25 to the actions by the complainant that 


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1 gave rise to the unfavorable personnel ac2 tion, and, at the complainant’s direction, 

3 transmission of a copy of the decision on 

4 the complaint to any person whom the 

5 complainant reasonably believes may have 

6 received such unfavorable information. 

7 ‘‘(B) ATTORNEYS’ FEES AND COSTS.—If 

8 the Secretary or an administrative law judge, 

9 review board, or court grants an order for relief 

10 under subparagraph (A), the Secretary, admin11 istrative law judge, review board, or court, re12 spectively, shall assess, at the request of the 

13 covered employee against the covered em14 ployer— 

15 ‘‘(i) reasonable attorneys’ fees; and 

16 ‘‘(ii) costs (including expert witness 

17 fees) reasonably incurred, as determined 

18 by the Secretary, administrative law judge, 

19 review board, or court, respectively, in con20 nection with bringing the complaint upon 

21 which the order was issued. 

22 ‘‘(15) PROCEDURAL RIGHTS.—The rights and 

23 remedies provided for in this subsection may not be 

24 waived by any agreement, policy, form, or condition 


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1 of employment, including by any pre-dispute arbitra2 tion agreement or collective bargaining agreement. 

3 ‘‘(16) SAVINGS.—Nothing in this subsection 

4 shall be construed to diminish the rights, privileges, 

5 or remedies of any covered employee under any Fed6 eral or State law or common law, or under any col7 lective bargaining agreement. 

8 ‘‘(17) ELECTION OF VENUE.— 

9 ‘‘(A) IN GENERAL.—A covered employee of 

10 a covered employer who is located in a State 

11 that has a State plan approved under section 

12 18 may file a complaint alleging a violation of 

13 subsection (c)(1) or paragraph (2) of this sub14 section by such employer with— 

15 ‘‘(i) the Secretary under paragraph 

16 (5); or 

17 ‘‘(ii) a State plan administrator in 

18 such State. 

19 ‘‘(B) REFERRALS.—If— 

20 ‘‘(i) the Secretary receives a complaint 

21 pursuant to subparagraph (A)(i), the Sec22 retary shall not refer such complaint to a 

23 State plan administrator for resolution; or 

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1 graph (A)(ii), the State plan administrator 

2 shall not refer such complaint to the Sec3 retary for resolution. 

4 ‘‘(18) PRESUMPTION OF RETALIATION.—The 

5 Secretary shall apply an unrebuttable presumption 

6 of retaliation in any complaint initiated under para7 graph (5) in which the Secretary finds a covered em8 ployee suffers an adverse action within 90 days of 

9 the date on which the covered employee took any ac10 tion protected under subsection (c)(1) or raised any 

11 reasonable apprehension under paragraph (2) of this 

12 subsection. 

13 ‘‘(19) SUPPLEMENT AND NOT SUPPLANT.—The 

14 remedies provided for under this subsection supple15 ment, and do not supplant, the private right of ac16 tion under section 240 of the Agricultural Worker 

17 Justice Act. 

18 ‘‘(20) DEFINITIONS.—For purposes of this sub19 section and subsection (c)— 

20 ‘‘(A) the term ‘retaliate or discriminate 

21 against’ includes reporting, or threatening to 

22 report, to a Federal, State, or local authority 

23 the suspected citizenship or immigration status 

24 of a covered employee, or of a family member 

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1 ployee raises a concern about workplace health 

2 and safety practices or hazards; and 

3 ‘‘(B) the term ‘family member’, with re4 spect to the family member of a covered em5 ployee, means an individual who— 

6 ‘‘(i) is related to the covered employee 

7 by blood, adoption, marriage, or domestic 

8 partnership; and 

9 ‘‘(ii) is a significant other, parent, sib10 ling, child, uncle, aunt, niece, nephew, 

11 cousin, grandparent, or grandchild of the 

12 covered employee.’’. 

13 (c) RELATION TO ENFORCEMENT.—Section 17(j) of 

14 such Act (29 U.S.C. 666(j)) is amended by inserting be15 fore the period the following: ‘‘, including the history of 

16 violations under subsection (c) or (d) of section 11’’. 

17 SEC. 237. REGULATIONS TO RESTORE A COLUMN ON RE18 QUIRED RECORDS OF WORK-RELATED MUS19 CULOSKELETAL DISORDERS. 

20 Not later than 1 year after the date of enactment 

21 of this Act, the Secretary shall issue a final rule regarding 

22 matters pertaining to the proposed rule issued by the Sec23 retary on January 29, 2010, entitled ‘‘Occupational Injury 

24 and Illness Recording and Reporting Requirements’’ (75 

25 Fed. Reg. 4728). 


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1 SEC. 238. FUNDING FOR ADDITIONAL OSHA INSPECTORS. 

2 Out of any amounts in the Treasury not otherwise 

3 appropriated, there is appropriated $60,000,000 to the 

4 Secretary for each of fiscal years 2024 through 2029, to 

5 remain available until expended for— 

6 (1) the hiring of additional inspectors to carry 

7 out inspections under section 8 of the Occupational 

8 Safety and Health Act of 1970 (29 U.S.C. 657); and 

9 (2) carrying out sections 6, 8, and 11 of the 

10 Occupational Safety and Health Act of 1970 (29 

11 U.S.C. 655; 657; and 660), as amended by this Act. 

12 SEC. 239. OSHA REPORTING. 

13 (a) DEFINITION OF PANDEMIC.—In this section, the 

14 term ‘‘pandemic’’ means a public health emergency de15 clared under section 319 of the Public Health Service Act 

16 (42 U.S.C. 247d) with respect to a pandemic. 

17 (b) REPORTING DURING A PANDEMIC.— 

18 (1) STANDARDIZED REPORTING.— 

19 (A) IN GENERAL.—The Secretary shall es20 tablish a standardized process for covered es21 tablishments to report, on a weekly basis during 

22 a pandemic, to the Secretary information re23 garding infections and deaths related to the 

24 pandemic. Such information shall include— 

25 (i) the number of employees on a 

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1 tracted the disease resulting in the pan2 demic; 

3 (ii) racial demographics of such em4 ployees; and 

5 (iii) the employment status of such 

6 employees. 

7 (B) FORM AND PROCEDURES.—Not later 

8 than 1 year after the date of enactment of this 

9 Act, or 7 days following a declaration of a pan10 demic, whichever is sooner, the Secretary shall 

11 issue reporting procedures described in sub12 paragraph (A), including forms for such proce13 dures, for pandemics. 

14 (2) PUBLIC AVAILABILITY.—The Secretary 

15 shall make the information reported under para16 graph (1) available to the public in a manner that 

17 facilitates public participation, including by making 

18 such information available on its website in a man19 ner that maximizes public participation. 

20 (3) PRIVACY.—A covered establishment, in re21 porting information to the Secretary under para22 graph (1), may not claim confidential business infor23 mation or patient privacy, except that such an estab24 lishment may withhold the names of workers, as a 

25 basis to withhold information. 


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1 (c) DISCLOSURES TO EMPLOYEES.—A covered estab2 lishment shall disclose to each employee or individual pro3 viding work for the employer, including any individual pro4 viding such work through a contract or subcontract, all 

5 chemicals used at the worksite where the employee or indi6 vidual provides such work. Such disclosure shall be pro7 vided to the employee or individual in the native language 

8 of the employee or individual. 

9 SEC. 240. PRIVATE RIGHT OF ACTION. 

10 (a) IN GENERAL.—Any person aggrieved by the fail11 ure of a covered establishment to comply with the Occupa12 tional Safety and Health Act of 1970 (29 U.S.C. 651 et 

13 seq.), including any regulation promulgated pursuant to 

14 such Act, or to comply with this subtitle may file suit in 

15 any district court of the United States having jurisdiction 

16 of the parties, without respect to the amount in con17 troversy and without regard to the citizenship of the par18 ties, or in any other court of competent jurisdiction. 

19 (b) RIGHT OF RECOVERY.—In an action brought by 

20 any aggrieved person pursuant to this section, the person 

21 may recover equitable and legal relief (including compen22 satory and punitive damages), attorney’s fees (including 

23 expert fees), and costs of the action. 

24 (c) ACTION BY THE SECRETARY.—Any administra25 tive enforcement by the Secretary shall not preclude the 


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1 relief afforded by this section or otherwise deprive a court 

2 of jurisdiction. 

3 SEC. 241. INJUNCTION PROCEEDINGS. 

4 Section 13(a) of the Occupational Safety and Health 

5 Act of 1970 (29 U.S.C. 662(a)) is amended by adding at 

6 the end the following: ‘‘Any employee (or the representa7 tive of such employee) at a place of employment subject 

8 to enforcement under this subsection may unconditionally 

9 intervene as a matter of right.’’. 

10 PART IV—SAVINGS PROVISION 

11 SEC. 251. SAVINGS PROVISION. 

12 Nothing in this subtitle shall be construed to diminish 

13 the rights, privileges, or remedies of any employee who ex14 ercises rights under any Federal or State law or common 

15 law, or under any collective bargaining agreement. 

16 Subtitle B—GAO Reports 

17 SEC. 261. REVIEW AND REPORT ON RACIAL AND ETHNIC 

18 DISPARITIES IN MEAT AND POULTRY PROC19 ESSING. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the Comptroller General 

22 of the United States shall carry out, and submit to Con23 gress, a report on racial and ethnic disparities in the meat 

24 and poultry processing sector. 


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1 (b) INCLUSIONS.—The report under subsection (a) 

2 shall contain a review of each of the following: 

3 (1) The impacts of working in covered estab4 lishments to individuals working at such establish5 ments who are employees, temporary workers, incar6 cerated workers, noncitizen workers admitted to the 

7 United States as nonimmigrants described in section 

8 101(a)(15)(H)(ii)(b) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as ref10 ugees under section 207 of that Act (8 U.S.C. 

11 1157), or noncitizen workers who are not lawfully 

12 present in the United States, including— 

13 (A) workplace injuries, including repetitive 

14 musculoskeletal injuries, of those individuals; 

15 (B) psychological and mental health condi16 tions of those individuals; 

17 (C) exposure of those individuals to chemi18 cals or other potential carcinogens and repro19 ductive toxins; and 

20 (D) any physical or mental abuse, includ21 ing sexual harassment, of those individuals by 

22 coworkers or managers. 

23 (2) The racial demographics and use of tem24 porary workers to outsource the responsibility of 

25 covered establishments to provide a safe workplace. 


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1 (3) The racial demographics and use of incar2 cerated workers in covered establishments, includ3 ing— 

4 (A) the extent to which those workers have 

5 a choice in working at covered establishments; 

6 (B) the use of those workers to outsource 

7 the responsibility of covered establishments to 

8 provide a safe workplace; 

9 (C) the use of those workers to outsource 

10 the responsibility of covered establishments to 

11 provide fair compensation; and 

12 (D) the use of those workers by covered es13 tablishments to externalize employee cost. 

14 (4) The racial demographics and use of noncit15 izen workers admitted to the United States as non16 immigrants described in section 101(a)(15)(H)(ii)(b) 

17 of the Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(15)(H)(ii)(b)) or as refugees under section 

19 207 of that Act (8 U.S.C. 1157) at covered estab20 lishments, including— 

21 (A) the extent to which predatory prac22 tices, such as limiting the ability of those work23 ers to choose and move between competing or24 ganizations, are utilized by covered establish25 ments with respect to those workers; 


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1 (B) the extent to which those workers are 

2 unable to speak out for fear of retaliation; and 

3 (C) the extent to which there is full trans4 parency about the nature of employment of 

5 those workers prior to being hired. 

6 (5) The racial demographics and use of noncit7 izen workers who are not lawfully present in the 

8 United States at covered establishments, including— 

9 (A) the extent to which those workers are 

10 unable to speak out for fear of retaliation; and 

11 (B) whether any collusion between Federal 

12 immigration offices and covered establishments 

13 have the effect of intimidating and silencing 

14 those workers. 

Æ 


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