Protecting America’s Meatpacking Workers Act of 2021

To improve protections for meatpacking workers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting America’s Meatpacking Workers Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Reforms to protect meat and poultry processing workers Subtitle A—Department of Agriculture Sec. 101. Rule on increased line speeds at meat and poultry establishments. Subtitle B—Fair attendance policies Sec. 111. Definitions. Sec. 112. Requirements for employers relating to no fault attendance policies or attendance systems. Sec. 113. Enforcement authority. Sec. 114. Regulations. Sec. 115. Relationship to other laws. Sec. 116. Waiver of State immunity. Sec. 117. Severability. Subtitle C—Occupational Safety and Health Administration Reforms Sec. 121. Definitions. Sec. 122. Ensuring compliance with employee rights to use toilet facilities at covered establishments. Sec. 123. Occupational safety and health standards to protect employees in covered establishments. Sec. 124. Permanent regional emphasis inspection program; expanding inspections. Sec. 125. Representatives during physical inspections. Sec. 126. Enhanced protections from retaliation. Sec. 127. Regulations to restore a column on required records of work-related musculoskeletal disorders. Sec. 128. Funding for additional OSHA inspectors. Sec. 129. OSHA reporting. Sec. 130. Private right of action. Sec. 131. Injunction proceedings. Subtitle D—Savings provision Sec. 136. Savings provision. TITLE II—Farm system reforms Sec. 201. Expanded meat and poultry processing grants. Sec. 202. Local Agriculture Market Program. Sec. 203. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products. Sec. 204. Definitions in Packers and Stockyards Act, 1921. Sec. 205. Unlawful practices. Sec. 206. Spot market purchases of livestock by packers. Sec. 207. Investigation of live poultry dealers. Sec. 208. Award of attorney fees. Sec. 209. Technical amendments. TITLE III—GAO reports Sec. 301. Review and report on fragility and national security in the food system. Sec. 302. Review and report on racial and ethnic disparities in meat and poultry processing. Sec. 303. GAO report on line speeds. 2. Findings Congress finds that— (1) meat and poultry slaughter and processing is a particularly dangerous occupation, with meat and poultry processing workers suffering injuries at measurably higher rates than workers in other private sector industries; (2) meat and poultry processing workers face double the rate of amputations as the average worker in private industry, and injuries such as sprains, lacerations, and contusions are common among poultry workers; (3) meat and poultry processing workers suffer from musculoskeletal injuries, such as carpal tunnel syndrome, trigger finger (4) higher line speeds in meat and poultry processing facilities is a recognized risk factor that leads to increased risk of both laceration and musculoskeletal injuries; (5) meat and poultry processing work was and continues to be particularly dangerous during the Coronavirus Disease 2019 (COVID–19) pandemic due to, among other factors— (A) the easily transmissible nature of the virus via aerosol and droplet; (B) the close proximity of meat processing workers; (C) cold conditions inside meat processing facilities; and (D) the pace and physical rigor of meat and poultry processing work; (6) during the COVID–19 pandemic, covered establishments have implemented policies and procedures that have— (A) increased workers’ risk of exposure to SARS–CoV–2; (B) prioritized processing rates over worker health and welfare; and (C) caused a disparate adverse impact on Asian, Black, and Latino workers in the meat and poultry processing industry; (7) enforcement of requirements of the Occupational Safety and Health Administration in the meat and poultry processing industry has been fundamentally inadequate, especially during the COVID–19 pandemic; and (8) meat and poultry processing workers are subjected to exploitative conditions and abusive behavior by employers— (A) including— (i) use of abusive and humiliating shouting by supervisors accusing workers of not working fast enough and harassing them to work faster harder (ii) use of sexualized language to harass women workers to work harder faster (iii) patterns of direct sexual harassment and incidents of sexual assault; and (iv) little or no accountability or redress for emotional, sexualized, or psychological abuse due to— (I) weak enforcement of, and noncompliance with, discrimination protections; and (II) meat and poultry processing workers not reporting the abuse due to fear of receiving more abuse, having their employment terminated, or being reported to immigration enforcement; and (B) that lead to long-term psychological impacts, including— (i) increased feelings of anger and stress by workers pressured to work faster and more aggressively to slaughter animals on killing lines; and (ii) episodes of panic and fear by workers who were required to continue working during COVID–19 outbreaks. 3. Definitions In this Act: (1) Covered establishment The term covered establishment (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. (2) Covered period The term covered period (3) COVID–19 emergency The term COVID–19 emergency 42 U.S.C. 247d (4) Employee; employer Unless otherwise specified, the terms employee employer 29 U.S.C. 652 I Reforms to protect meat and poultry processing workers A Department of Agriculture 101. Rule on increased line speeds at meat and poultry establishments (a) Definitions In this section: (1) Administrator The term Administrator (2) Assistant Secretary The term Assistant Secretary (3) Director The term Director (4) Secretary The term Secretary (5) Service The term Service (b) Rule on waivers (1) In general Notwithstanding any other provision of law (including regulations, including sections 303.1(h) and 381.3(b) of title 9, Code of Federal Regulations (or successor regulations)), the Secretary, acting through the Administrator, shall not issue a waiver relating to line speeds at a covered establishment or inspection staffing requirements for a covered establishment unless the covered establishment— (A) agrees to an inspection conducted by the Assistant Secretary or the Director for the purposes of the waiver; and (B) the Assistant Secretary or the Director certifies to the Secretary that any increases in line speed at the covered establishment would not have an adverse impact on worker safety. (2) Inspections An inspection conducted by the Assistant Secretary or the Director under paragraph (1)(A) shall include— (A) an ergonomic analysis of all jobs in the applicable covered establishment that may experience an increased work pace due to increasing the number of animals being slaughtered— (i) per minute; and (ii) per hour; (B) an assessment of the current rates of musculoskeletal disorders in the covered establishment; (C) a review of current efforts at the covered establishment to mitigate those disorders, including a review of how medical personnel at the covered establishment manage those disorders; and (D) a review of the impact of any proposed line speed increases on the pace of work for workers on the slaughter and production lines of the covered establishment (including the workers that package the meat). (3) Limitation on authority over line speeds None of the funds made available to the Secretary during the covered period may be used to develop, propose, finalize, issue, amend, or implement any policy, regulation, directive, constituent update, or any other agency program that would increase line speeds at covered establishments. (4) Effect on state law (A) In general This subsection shall not preempt or limit any law or regulation of a State or a political subdivision of a State that— (i) imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection; or (ii) creates penalties for conduct regulated by this subsection. (B) Other laws The requirements of this subsection are in addition to, and not in lieu of, any other laws protecting worker safety and animal welfare. (c) Transparency in rulemaking With respect to each rulemaking proceeding initiated by the Administrator on or after the date of enactment of this Act, the Administrator shall comply with— (1) the data quality guidelines of the Service, which state that the Service and the offices of the Service are held to a standard of transparency to ensure that the information shared by the Service is presented in an accurate, reliable, and unbiased manner; and (2) Executive Order 13563 ( 5 U.S.C. 601 (d) Evaluation of rulemaking and policies In evaluating the impact of any future rulemaking or policy, the Secretary shall request that the Director conduct an evaluation of the rulemaking or policy that includes a review of— (1) current safety conditions and injuries and illnesses at the applicable covered establishments, including medical exams and medical histories; (2) whether the policy proposals will increase the pace of work for any employee at the applicable covered establishments; and (3) whether, and the extent to which, the policy proposals will impact worker safety. (e) Reports (1) Report to Congress Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall each submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Agriculture and the Committee on Education and Labor of the House of Representatives, a report that— (A) describes the actions taken by that Secretary to ensure worker, animal, and food safety during the COVID–19 emergency; and (B) includes an analysis of the issues described in paragraphs (1) through (12) of section 303(b). (2) Reports on implementation of rules (A) In general Not later than 1 year after the implementation of any rule relating to line speeds at covered establishments, the Secretary shall submit to Congress a report on the impact of the rule on— (i) line speeds at covered establishments; (ii) worker safety and health at covered establishments; (iii) ergonomic aspects of jobs at covered establishments; and (iv) staffing levels that will ensure worker safety at covered establishments. (B) Requirement A report under subparagraph (A) shall include— (i) the results of a study carried out by an industrial engineer on every type of job at covered establishments impacted by the applicable rule; (ii) a determination of the industrial engineer of the number of workers needed— (I) to do each job safely; and (II) to operate the covered establishment at different line speeds; and (iii) a job crewing report prepared by the industrial engineer. B Fair attendance policies 111. Definitions In this subtitle: (1) Employee The term employee (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 (2) Employer (A) In general The term employer (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce industry or activity affecting commerce 29 U.S.C. 142 (II) Employee The term employee 29 U.S.C. 203(e) (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (3) Legally protected leave The term legally protected leave (4) No fault attendance policy The term no fault attendance policy demerits occurrences (5) Person The term person 42 U.S.C. 2000e(a) (6) Secretary The term Secretary 112. Requirements for employers relating to no fault attendance policies or attendance systems (a) Requirements for no fault attendance policy It shall be considered an unlawful employment practice for an employer to maintain a no fault attendance policy, unless the employer complies with the following: (1) The no fault attendance policy shall be distributed in writing— (A) not later than 90 days after the date of enactment of this Act, to all employees employed by the employer as of that date of distribution; and (B) with respect to each employee hired by the employer after such date of enactment, upon the commencement of the employee's employment. (2) If any changes are made to the no fault attendance policy, the no fault attendance policy shall be distributed in writing to all employees by not later than 30 days after the date of the changes. (3) The employer shall provide employees with a means of accessing the no fault attendance policy at any physical workplace and outside of a physical workplace. (4) The no fault attendance policy shall explicitly state that employees will not face disciplinary action or other adverse consequences, which may include the assessment of points or a deduction from an allotted bank of time, for legally protected leave. (5) The no fault attendance policy shall specifically reference and provide a reasonable amount of detail about all Federal, State, and local laws applicable to the employees that provide legally protected leave, including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 2601 et seq. chapter 43 (6) The no fault attendance policy shall identify a process for employees to complete each of the following: (A) Report that an absence is for legally protected leave. (B) Provide medical documentation, if it is required under the no fault attendance policy in order to avoid disciplinary action or other adverse consequences for legally protected leave. (C) Seek removal of points that an employee believes were wrongly assessed, or the restoration of time that an employee believes was wrongly deducted for legally protected leave. (D) Delay the reporting of an absence in unforeseen or emergency circumstances without incurring additional points or discipline. (b) Requirements for attendance systems It shall be an unlawful employment practice for an employer to maintain any attendance system policy, or pattern and practice, that discourages employees from exercising, or attempting to exercise, any right to legally protected leave. (c) Additional prohibitions (1) Interference with rights (A) Exercise of rights It shall be an unlawful employment practice for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this subtitle, including— (i) discharging or discriminating against (including retaliating against) any individual for exercising, or attempting to exercise, any right provided under this subtitle; or (ii) using the taking of legally protected leave as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action. (B) Discrimination It shall be an unlawful employment practice for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual for opposing any practice made unlawful by this subtitle. (2) Interference with proceedings or inquiries It shall be unlawful employment practice for any person to discharge or in any other manner discriminate against (including retaliating against) any individual because such individual— (A) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this subtitle; (B) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle. 113. Enforcement authority (a) In general (1) Definition In this subsection— (A) the term employee (B) the term employer (2) Investigative authority (A) In general To ensure compliance with the provisions of this subtitle, or any regulation or order issued under this subtitle, the Secretary shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) (B) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 (3) Civil action by employees or individuals (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of— (i) the employees or individuals; or (ii) the employees or individuals and others similarly situated. (B) Liability Any employer who violates section 112 shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs The court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the Secretary (A) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 112 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation In the case of an action brought for a willful violation of section 112, such action may be brought not later than 3 years after of the last event constituting the alleged violation for which such action is brought. (C) Commencement In determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of section 112, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this subtitle; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1312(a)(1) (c) Employees covered by chapter 5 3 The powers, remedies, and procedures provided in chapter 5 (d) Employees covered by chapter 63 5, The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this subtitle provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against an employee described in section 111(1)(E). 114. Regulations (a) In general (1) Authority Except as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Equal Employment Opportunity Commission and the heads of other relevant Federal agencies, shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in subparagraph (A) or (B) of section 111(1) and other individuals affected by employers described in subclause (I) or (II) of section 111(2)(A)(i). (2) Government Accountability Office; Library of Congress The Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by Congressional Accountability Act of 1995 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 3 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(D) and other individuals affected by employers described in section 111(2)(A)(i)(IV). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 5 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(E) and other individuals affected by employers described in section 111(2)(A)(i)(V). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (e) Requirements for all regulations All regulations prescribed under this section shall— (1) be issued in an accessible format in accordance with subchapter II of chapter 5 (2) provide an example of a model no fault attendance policy that conforms to the requirements of this subtitle. 115. Relationship to other laws Nothing in this subtitle shall be construed to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provide leave rights, whether paid or unpaid (such as sick time, family or medical leave, and time off as an accommodation). 116. Waiver of State immunity A State shall not be immune under the 11th Amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this subtitle. In any action against a State for a violation of this subtitle, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. 117. Severability If any provision of this subtitle or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this subtitle and the application of that provision to other persons or circumstances shall not be affected. C Occupational Safety and Health Administration Reforms 121. Definitions In this title, the terms Secretary State 29 U.S.C. 652 122. Ensuring compliance with employee rights to use toilet facilities at covered establishments (a) In general During any inspection of a covered establishment conducted pursuant to section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 Interpretation of 29 CFR. 1910.141(c)(1): Toilet Facilities (b) Requirements In carrying out subsection (a), the Secretary shall verify that the employer described in such subsection— (1) allows employees to leave their work locations to use a toilet facility when needed and without punishment; (2) provides an adequate number of toilet facilities for the size of the workforce to prevent long lines; (3) avoids imposing unreasonable restrictions including waiting lists on the use of toilet facilities; (4) ensures that restrictions, such as locking doors or requiring employees to sign out a key, do not cause extended delays in access to toilet facilities; and (5) compensates each employee for breaks for using toilet facilities at the regular rate of pay of the employee in accordance with section 785.18 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, and any other applicable Federal, State, or local law. 123. Occupational safety and health standards to protect employees in covered establishments (a) Standard for protecting employees from occupational risk factors causing musculoskeletal disorders (1) Proposed standard Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (A) hazard identification and ergonomic job evaluations, including requirements for employee and authorized employee representative participation in such identification; (B) hazard control, which such requirements rely on the principles of the hierarchy of controls and which may include measures such as rest breaks, equipment and workstation redesign, work pace reductions, or job rotation to less forceful or repetitive jobs; (C) training for employees regarding employer activities, occupational risk factors, and training on controls and recognition of symptoms of musculoskeletal disorders; and (D) medical management that includes— (i) encouraging early reporting of musculoskeletal disorder symptoms; (ii) first aid delivered by those operating under State licensing requirements; and (iii) systematic evaluation and early referral for medical attention. (2) Final standard Not later than 30 months after the date of enactment this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (b) Standard for protecting employees from delays in medical treatment referrals following injuries or illnesses (1) Proposed standard Not later than 3 months after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (A) without delay, refers any such employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional of the employee’s choice for such treatment; (B) provides for occupational medicine consultation services through a physician who is board certified in occupational medicine, which services shall include— (i) regular review of any health and safety program, medical management program, or ergonomics program of the employer; (ii) review of any work-related injury or illness of an employee; (iii) providing onsite health services for treatment of such injury or illness; and (iv) consultation referral to a local health care provider for treating such injury or illness; and (C) complies with the licensing requirements for licensed practical nurses or registered nurses in the State in which the establishment is located. (2) Final standard Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (c) Standard for protecting employees from airborne contagions (1) Emergency temporary standard for COVID–19 In consideration of the grave danger presented by COVID–19 and the need to strengthen protections for workers at covered establishments, notwithstanding the provisions of law and the Executive orders listed in paragraph (4), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary standard to protect all employees, contractors, and temporary workers at covered establishments from occupational exposure to SARS–CoV–2. (2) Extension of standard Notwithstanding paragraphs (2) and (3) of section 6(c) of the Occupational Safety and Health Act of 1970 (29 8 U.S.C. 655(c) (3) State plan adoption With respect to a State with a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 (4) Inapplicable provisions of law and executive order The provisions of law and the Executive orders listed in this paragraph are as follows: (A) The requirements of chapter 6 Regulatory Flexibility Act (B) Subchapter I of chapter 35 Paperwork Reduction Act (C) The Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq. (D) Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended. (E) Executive Order 13771 (82 Fed. Reg. 9339, relating to reducing regulation and controlling regulatory costs). (5) Final standard Not later than 24 months after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act ( 29 U.S.C. 655 (A) to protect employees, contractors, and temporary workers at covered establishments from occupational exposure to infectious pathogens, including airborne and novel pathogens; and (B) that shall be effective and enforceable in the same manner and to the same extent as a standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) (6) Consultation In developing the standards under this subsection, the Secretary shall consult with— (A) the Director of the Centers for Disease Control and Prevention; (B) the Director of the National Institute for Occupational Safety and Health; and (C) the professional associations and representatives of the employees, contractors, and temporary workers at covered establishments. (7) Requirements Each standard promulgated under this subsection shall include— (A) a requirement that the covered establishments— (i) develop and implement a comprehensive infectious disease exposure control plan, with the input and involvement of employees or, where applicable, the representatives of employees, as appropriate, to address the risk of occupational exposure; (ii) record and report each work-related COVID–19 infection and death, as set forth in part 1904 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act), and section 129 of this Act; and (iii) reduce meat and poultry processing rates to achieve social distancing and implement applicable requirements sufficient to protect worker health with an adequate margin of safety; (B) no less protection for novel pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 (C) the incorporation, as appropriate, of— (i) guidelines issued by the Centers for Disease Control and Prevention, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration, which are designed to prevent the transmission of infectious agents in health care or other occupational settings; and (ii) relevant scientific research on airborne and novel pathogens. (8) Enforcement This subsection shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) 124. Permanent regional emphasis inspection program; expanding inspections (a) Regional emphasis inspection program (1) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall, pursuant to section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 (A) amputation hazards; (B) ergonomics; (C) hazards related to line speeds; (D) bathroom breaks; (E) use of chemicals such as peracetic acid (antimicrobials); and (F) working conditions in high and low temperatures. (2) State plans Not later than 30 days after the date of enactment of this Act, a State with a State plan that has been approved by the Secretary under section 18 of such Act ( 29 U.S.C. 667 (b) Expanding inspections when information presents possible additional dangers (1) In general In the case the Secretary conducts a physical inspection of a covered establishment pursuant to section 8 of such Act in response to a referral, complaint, or fatality, and the Secretary, during such inspection makes a determination under paragraph (2), the Secretary shall expand such inspection to all areas of the establishment. (2) Determination A determination described in this paragraph is either of the following: (A) A determination, following a review of records of work-related injuries and illnesses maintained in accordance with such section 8, that a work-related injury or illness may be related to a workplace danger that may threaten physical harm. (B) A determination, upon interviews with employees, that a workplace danger may threaten physical harm. 125. Representatives during physical inspections (a) Proposed rule Not later than 1 year after the date of enactment of this Act, the Secretary shall, under section 8(e) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657(e) (1) the representative authorized by employees to be given the opportunity to accompany the Secretary during the inspection as described in such section shall not be required to be an employee of the employer; (2) where there is no representative authorized by employees as described in paragraph (1), the employees may designate a person affiliated with a worker-based community organization to serve as such representative; and (3) the inspector may arrange for interviews with employees off-site upon the request of the representative or designated person. (b) Final rule Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register a final rule for the proposed rule under subsection (a). 126. Enhanced protections from retaliation (a) Employee actions Section 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) (1) by striking discharge because such (A) such ; (2) by striking this Act or has (B) such employee has ; (3) by striking in any such proceeding or because of the exercise (C) such employee has refused to violate any provision of this Act; or (D) of the exercise ; and (4) by inserting before the period at the end the following: , including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved (b) Prohibition of retaliation; procedure Section 11 of such Act ( 29 U.S.C. 660 (1) in subsection (c)— (A) in paragraph (2)— (i) by striking discharged or otherwise discriminated against by any person in violation of this subsection aggrieved by a violation of this subsection (ii) by striking such discrimination such violation (B) by adding at the end the following: (4) Exception for meat and poultry establishments Paragraphs (2) and (3) shall not apply with respect to a complaint filed by an employee of an employer that is a covered establishment, as defined in section 3 of the Protecting America's Meatpacking Workers Act ; and (2) by adding at the end the following: (d) Meat and poultry establishments (1) Definitions In this subsection: (A) Complainant The term complainant (B) Covered employee The term covered employee (C) Covered employer The term covered employer Protecting America's Meatpacking Workers Act (D) Respondent The term respondent (2) Reasonable apprehension (A) In general No person shall discharge, or cause to be discharged, or in any other manner retaliate or discriminate against, or cause to be retaliated or discriminated against, a covered employee for refusing to perform the covered employee’s duties if the covered employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the covered employee or other covered employees. (B) Circumstances For purposes of subparagraph (A), the circumstances causing the covered employee’s reasonable apprehension described in such subparagraph shall be of such a nature that a reasonable person, under the circumstances confronting the covered employee, would conclude that performing the duties described in such subparagraph would have the result described in such subparagraph. (C) Communication In order to qualify for protection under this paragraph, the covered employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the covered employer and have not received from the covered employer a response reasonably calculated to allay such concern. (3) Complaint Any covered employee who believes that the covered employee has been discharged, disciplined, or otherwise retaliated or discriminated against by any person in violation of subsection (c)(1) or paragraph (2) of this subsection may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). (4) Statute of limitations (A) In general A covered employee may take the action permitted by paragraph (3) not later than 180 days after the later of— (i) the date on which an alleged violation of subsection (c)(1) or paragraph (2) of this subsection occurs; or (ii) the date on which the covered employee knows or should reasonably have known that such alleged violation occurred. (B) Repeat violation Except in cases when the covered employee has been discharged, a violation of subsection (c)(1) or paragraph (2) of this subsection shall be considered to have occurred on the last date an alleged repeat violation occurred. (5) Investigation (A) In general A covered employee may, within the time period required under paragraph (4)(A), file a complaint with the Secretary alleging a violation of subsection (c)(1) or paragraph (2) of this subsection. If the complaint alleges a prima facie case, the Secretary shall conduct an investigation of the allegations in the complaint, which— (i) shall include— (I) interviewing the complainant; (II) providing the respondent an opportunity to— (aa) submit to the Secretary a written response to the complaint; and (bb) meet with the Secretary to present statements from witnesses or provide evidence; and (III) providing the complainant an opportunity to— (aa) receive any statements or evidence provided to the Secretary; (bb) meet with the Secretary; and (cc) rebut any statements or evidence; and (ii) may include issuing subpoenas for the purposes of such investigation. (B) Decision Not later than 90 days after the filing of the complaint under this paragraph, the Secretary shall— (i) determine whether reasonable cause exists to believe that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred; and (ii) issue a decision granting or denying relief. (6) Preliminary order following investigation If, after completion of an investigation under paragraph (5)(A), the Secretary finds reasonable cause to believe that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the Secretary shall issue a preliminary order providing relief authorized under paragraph (14) at the same time the Secretary issues a decision under paragraph (5)(B). If a de novo hearing is not requested within the time period required under paragraph (7)(A)(i), such preliminary order shall be deemed a final order of the Secretary and is not subject to judicial review. (7) Hearing (A) Request for hearing (i) In general A de novo hearing on the record before an administrative law judge may be requested— (I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5)(B) or a preliminary order under paragraph (6), respectively; (II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5)(A); or (III) by the complainant within 120 days after the date of filing the complaint under paragraph (5), if the Secretary has not issued a decision under paragraph (5)(B). (ii) Reinstatement order The request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6). (B) Procedures (i) In general A hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. (ii) Subpoenas; production of evidence In conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. (iii) Decision The administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the judge shall issue an order for relief under paragraph (14). If review under paragraph (8) is not timely requested, such order shall be deemed a final order of the Secretary that is not subject to judicial review. (8) Administrative appeal (A) In general Not later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7), the complainant or respondent may file, with objections, an administrative appeal with an administrative review body designated by the Secretary (referred to in this paragraph as the review board (B) Standard of review In reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. (C) Decisions If the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the administrative process (A) In general At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations Neither the Secretary, an administrative law judge, nor the review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific covered employers named in a complaint. (10) Inaction by the review board or administrative law judge (A) In general The complainant may bring a de novo action described in subparagraph (B) if— (i) an administrative law judge has not issued a decision and order within the 90-day time period required under paragraph (7)(B)(iii); or (ii) the review board has not issued a decision and order within the 90-day time period required under paragraph (8)(C). (B) De novo action Such de novo action may be brought at law or equity in the United States district court for the district where a violation of subsection (c)(1) or paragraph (2) of this subsection allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. (11) Judicial review (A) Timely appeal to the court of appeals Any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 (B) Limitation on collateral attack An order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (12) Enforcement of order If a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). (13) Burdens of proof (A) Criteria for determination In making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred only if the complainant demonstrates that any conduct described in subsection (c)(1) or paragraph (2) of this subsection with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. (B) Prohibition Notwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (14) Relief (A) Order for relief If the Secretary, administrative law judge, review board, or a court determines that a covered employer has violated subsection (c)(1) or paragraph (2) of this subsection, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, and compensatory and exemplary damages, including— (i) affirmative action to abate the violation; (ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; (iii) compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and (iv) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (B) Attorneys’ fees and costs If the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the covered employee against the covered employer— (i) reasonable attorneys’ fees; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) Procedural rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (16) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any covered employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue (A) In general A covered employee of a covered employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of subsection (c)(1) or paragraph (2) of this subsection by such employer with— (i) the Secretary under paragraph (5); or (ii) a State plan administrator in such State. (B) Referrals If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. (18) Presumption of retaliation The Secretary shall apply an unrebuttable presumption of retaliation in any complaint initiated under paragraph (5) in which the Secretary finds a covered employee suffers an adverse action within 90 days of the date on which the covered employee took any action protected under subsection (c)(1) or raised any reasonable apprehension under paragraph (2) of this subsection. (19) Supplement and not supplant The remedies provided for under this subsection supplement, and do not supplant, the private right of action under section 130 of the Protecting America's Meatpacking Workers Act (20) Definitions For purposes of this subsection and subsection (c)— (A) the term retaliate or discriminate against (B) the term family member (i) is related to the covered employee by blood, adoption, marriage, or domestic partnership; and (ii) is a significant other, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild of the covered employee. . (c) Relation to enforcement Section 17(j) of such Act ( 29 U.S.C. 666(j) , including the history of violations under subsection (c) or (d) of section 11 127. Regulations to restore a column on required records of work-related musculoskeletal disorders Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule regarding matters pertaining to the proposed rule issued by the Secretary on January 29, 2010, entitled Occupational Injury and Illness Recording and Reporting Requirements 128. Funding for additional OSHA inspectors Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $60,000,000 to the Secretary for each of fiscal years 2022 through 2027, to remain available until expended for— (1) the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 (2) carrying out sections 6, 8, and 11 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 129. OSHA reporting (a) Definition of pandemic In this section, the term pandemic 42 U.S.C. 247d (b) Reporting during a pandemic (1) Standardized reporting (A) In general The Secretary shall establish a standardized process for covered establishments to report, on a weekly basis during a pandemic, to the Secretary information regarding infections and deaths related to the pandemic. Such information shall include— (i) the number of employees on a weekly and cumulative basis that have contracted the disease resulting in the pandemic; (ii) racial demographics of such employees; and (iii) the employment status of such employees. (B) Form and procedures (i) COVID– 19 Not later than 7 days after the date of enactment of this Act, the Secretary shall issue reporting procedures described in subparagraph (A), including forms for such procedures, for reporting the information described in such subparagraph during the pandemic with respect to COVID–19. (ii) Future pandemics Not later than 1 year after the date of enactment of this Act, or 7 days following a declaration of a pandemic other than COVID–19, whichever is sooner, the Secretary shall issue reporting procedures described in subparagraph (A), including forms for such procedures, for pandemics other than COVID–19. (2) Public availability The Secretary shall make the information reported under paragraph (1) available to the public in a manner that facilitates public participation, including by making such information available on its website in a manner that maximizes public participation. (3) Privacy A covered establishment, in reporting information to the Secretary under paragraph (1), may not claim confidential business information or patient privacy, except that such an establishment may withhold the names of workers, as a basis to withhold information. (c) Disclosures to employees A covered establishment shall disclose to each employee or individual providing work for the employer, including any individual providing such work through a contract or subcontract, all chemicals used at the worksite where the employee or individual provides such work. Such disclosure shall be provided to the employee or individual in the native language of the employee or individual. 130. Private right of action (a) In general Any person aggrieved by the failure of a covered establishment to comply with the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. (b) Right of recovery In an action brought by any aggrieved person pursuant to this section, the person may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs of the action. (c) Action by the Secretary Any administrative enforcement by the Secretary shall not preclude the relief afforded by this section or otherwise deprive a court of jurisdiction. 131. Injunction proceedings Section 13 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 662 (1) in subsection (a), by adding at the end the following: Any employee (or the representative of such employee) at a place of employment subject to enforcement under this subsection may unconditionally intervene as a matter of right. (2) in subsection (d), by adding at the end the following: The right to judicial review provided in this subsection shall extend to, and the district court shall have jurisdiction to adjudicate, any action, inaction, or failure to act by the Secretary with respect to an imminent danger regardless of whether the Secretary, an inspector, or any other individual determines the existence or absence of an imminent danger. D Savings provision 136. Savings provision Nothing in title shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. II Farm system reforms 201. Expanded meat and poultry processing grants Section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 (1) in subsection (b)— (A) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking To be eligible (1) In general To be eligible ; (D) in paragraph (1) (as so designated)— (i) in the matter preceding subparagraph (A) (as so redesignated), by striking shall be— shall— (ii) in subparagraph (A) (as so redesignated)— (I) by inserting be in operation (II) by striking and (iii) in subparagraph (B) (as so redesignated)— (I) in the matter preceding clause (i) (as so redesignated), by striking seeking seek (II) in clause (ii) (as so redesignated), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (C) have a labor peace agreement in place. ; and (E) by adding at the end the following: (2) Definition of labor peace agreement In this subsection, the term labor peace agreement (A) between an employer and a labor organization that represents, or is actively seeking to represent, the employees of the employer; and (B) under which such employer and labor organization agree that— (i) the employer will not— (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization agrees to refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer provides the labor organization with employee contact information, and facilitates or permits labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer shall, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. ; (2) in subsection (d)(2)— (A) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking recipient shall agree recipient— (A) shall agree ; (D) in subparagraph (A) (as so designated), in clause (ii) (as so redesignated), by striking the period at the end and inserting ; and (E) by adding at the end the following: (B) shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. ; and (3) in subsection (f)— (A) by striking Of the funds (1) In general Of the funds ; and (B) by adding at the end the following: (2) Additional funding In addition to amounts made available under paragraph (1), of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $100,000,000 for the period of fiscal years 2022 through 2031. . 202. Local Agriculture Market Program Section 210A(i)(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c(i)(1) fiscal year 2019 each of fiscal years 2019 and 2020, and $500,000,000 for fiscal year 2021 203. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products (a) Definitions Section 281 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 (1) by redesignating paragraphs (1), (2) through (5), (6), and (7) as paragraphs (2), (4) through (7), (9), and (10), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Beef The term beef ; (3) in paragraph (2) (as so redesignated)— (A) in subparagraph (A)— (i) in clause (i), by striking lamb beef, lamb, pork, (ii) in clause (ii), by striking ground lamb ground beef, ground lamb, ground pork, (iii) in clause (x), by striking and (iv) in clause (xi), by striking the period at the end and inserting ; and (v) by adding at the end the following: (xii) dairy products. ; and (B) in subparagraph (B), by inserting (other than clause (xii) of that subparagraph) subparagraph (A) (4) by inserting after paragraph (2) (as so redesignated) the following: (3) Dairy product The term dairy product (A) fluid milk; (B) cheese, including cottage cheese and cream cheese; (C) yogurt; (D) ice cream; (E) butter; and (F) any other dairy product. ; and (5) by inserting after paragraph (7) (as so redesignated) the following: (8) Pork The term pork . (b) Notice of country of origin Section 282(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(a) (5) Designation of country of origin for dairy products (A) In general A retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as— (i) each country in which or from which the 1 or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and (ii) each country in which the covered commodity was processed. (B) State, region, locality of the united states With respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin. . 204. Definitions in Packers and Stockyards Act, 1921 Section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) (1) in paragraph (8), by striking for slaughter of such poultry under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person (2) in paragraph (9), by striking and cares for live poultry for delivery, in accord with another’s instructions, for slaughter or cares for live poultry in accordance with the instructions of another person (3) in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period; (4) in paragraph (10)— (A) by striking for the purpose of either slaughtering it or selling it for slaughter by another (B) by striking ; and (5) by adding at the end the following: (15) Formula price (A) In general The term formula price (B) Exclusion The term formula price (i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or (ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. (16) Forward contract The term forward contract (A) a specified lot of livestock; or (B) a specified number of livestock over a certain period of time. . 205. Unlawful practices (a) In general Section 202 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (1) by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately; (2) by striking the section designation and all that follows through It shall be 202. Unlawful acts (a) In general It shall be ; (3) in subsection (a)— (A) in the matter preceding paragraph (1) (as so redesignated), by striking to: to do any of the following: (B) in each of paragraphs (1) through (6) (as so redesignated), by striking ; or (C) in paragraph (6) (as so redesignated)— (i) by striking (1) (A) (ii) by striking (2) (B) (iii) by striking (3) (C) (D) by inserting after paragraph (6) the following: (7) Use, in effectuating any sale of livestock, a forward contract that— (A) does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into; (B) is not offered for bid in an open, public manner under which— (i) buyers and sellers have the opportunity to participate in the bid; (ii) more than 1 blind bid is solicited; and (iii) buyers and sellers may witness bids that are made and accepted; (C) is based on a formula price; or (D) provides for the sale of livestock in a quantity in excess of— (i) in the case of cattle, 40 cattle; (ii) in the case of swine, 30 swine; and (iii) in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary. (8) Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to— (A) an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; (B) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that— (i) own, feed, or control the livestock; and (ii) provide the livestock to the cooperative for slaughter; (C) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a (D) a packer that owns only 1 livestock processing plant. (9) Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action. ; and (E) in paragraph (10) (as so redesignated), by striking subdivision (a), (b), (c), (d), or (e) paragraphs (1) through (9) (4) by adding at the end the following: (b) Unfair, discriminatory, and deceptive practices and devices Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following: (1) Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including— (A) feed conversion rates by house, lot, or pen; (B) feed analysis; (C) breeder history; (D) quality grade; (E) yield grade; and (F) delivery volume for any certified branding program (such as programs for Angus beef or certified grassfed or Berkshire pork). (2) Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right— (A) to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract; (B) to pursue all damages available under applicable law; and (C) to seek an award of attorneys’ fees, if available under applicable law. (3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. (4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. (c) Undue or unreasonable preferences, advantages, prejudices, and disadvantages (1) In general Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following: (A) A retaliatory action (including coercion or intimidation) or the threat of retaliatory action— (i) in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and (ii) in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower. (B) Use of the tournament system for poultry as described in paragraph (3). (2) Lawful communication described A lawful communication referred to in paragraph (1)(A)(ii) includes— (A) a communication with officials of a Federal agency or Members of Congress; (B) any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and (C) any other communication that assists in carrying out the purposes of this Act. (3) Use of tournament system for poultry (A) In general Subject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer. (B) Exception Under subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group. (C) Inputs and services described The inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group— (i) the quantity, breed, sex, and age of chicks delivered to each poultry grower; (ii) the breed and age of the breeder flock from which chicks are drawn for each poultry grower; (iii) the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower; (iv) the quality of and access to medications for the birds of each poultry grower; (v) the number of birds in a flock delivered to each poultry grower; (vi) the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower; (vii) the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower; (viii) condemnations of parts of birds due to actions in processing for each poultry grower; (ix) condemnations of whole birds due to the fault of the poultry grower; (x) the death loss of birds due to the fault of the poultry grower; (xi) the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x); (xii) the type and classification of each poultry grower; and (xiii) any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower. (d) Harm to competition not required In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required. . (b) Effective date (1) In general Subject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (2) Transition rules In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B) in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary. 206. Spot market purchases of livestock by packers The Packers and Stockyards Act, 1921, is amended by inserting after section 202 ( 7 U.S.C. 192 202A. Spot market purchases of livestock by packers (a) Definitions In this section: (1) Covered packer (A) In general The term covered packer 7 U.S.C. 1635 et seq. (B) Exclusion The term covered packer (2) Nonaffiliated producer The term nonaffiliated producer (A) that sells livestock to a packer; (B) that has less than 1 percent equity interest in the packer; (C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; (D) that has no fiduciary responsibility to the packer; and (E) in which the packer has no equity interest. (3) Spot market sale (A) In general The term spot market sale (i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; (ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and (iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. (B) Reasonable competitive bidding opportunity For the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if— (i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and (ii) no circumstance, custom, or practice exists that— (I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and (II) precludes the producer from soliciting or receiving bids from other packers. (b) General rule Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. (c) Applicable percentages (1) In general Except as provided in paragraph (2), the applicable percentage shall be 50 percent. (2) Exceptions In the case of a covered packer that reported to the Secretary in the 2018 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of— (A) the difference between the percentage of committed procurement so reported and 100 percent; and (B) (i) during each of calendar years 2020 and 2021, 20 percent; (ii) during each of calendar years 2022 and 2023, 30 percent; and (iii) during calendar year 2024 and each calendar year thereafter, 50 percent. (d) Nonpreemption This section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section. . 207. Investigation of live poultry dealers (a) Administrative enforcement authority over live poultry dealers Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 , live poultry dealer, packer (b) Authority To request temporary injunction or restraining order Section 408(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228a(a) or poultry care on account of poultry (c) Violations by live poultry dealers Section 411 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228b–2 (1) in subsection (a), in the first sentence, by striking any provision of section 207 or section 410 of (2) in subsection (b), in the first sentence, by striking any provisions of section 207 or section 410 any provision 208. Award of attorney fees Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 (i) Attorney’s fee The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section. . 209. Technical amendments (a) Section 203 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 (1) in subsection (a), in the first sentence— (A) by striking he shall cause the Secretary shall cause (B) by striking his charges the charges (2) in subsection (b), in the first sentence, by striking he shall make a report in writing in which he shall state his findings the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary (3) in subsection (c), by striking he the Secretary (b) Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 (1) in subsection (a), by striking he has his the packer, live poultry dealer, or swine contractor has the (2) in subsection (c), by striking his officers, directors, agents, and employees the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer (3) in subsection (f), in the second sentence— (A) by striking his findings the findings of the Secretary (B) by striking he the Secretary (4) in subsection (g), by striking his officers, directors, agents, and employees the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer III GAO reports 301. Review and report on fragility and national security in the food system (a) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress a report containing, a review of the fragility of the food system in the United States with respect to meat and poultry. (b) Requirements The report under subsection (a) shall include information on, and an analysis of— (1) the reach of corporate consolidation and corporate control of the meat and poultry supply chain, including animal feed, inputs for animal feed, processing, and distribution; (2) the effects of corporate consolidation and corporate control of the meat and poultry supply chain on— (A) consumers, farmers, rural communities, and meat and poultry processing workers; (B) greenhouse gas emissions, climate change, and costs borne by communities to adapt to climate change; (C) water quality, soil quality, air quality, and biodiversity; and (D) politics and political lobbying; (3) (A) the extent to which Department of Agriculture rules and regulations designed for large covered establishments are applied to small- and medium-sized covered establishments; and (B) the need for the Secretary of Agriculture to adapt rules and regulations to benefit small- and medium-sized covered establishments; (4) the effects of the COVID–19 pandemic on meat and poultry exports, meat and poultry cold storage inventories, processing rates of meat and poultry, and the net profits earned by owners of covered establishments; (5) the effect of the COVID–19 pandemic on meat and poultry prices paid— (A) to farmers; and (B) by consumers; (6) Federal support for the corporations that control the largest percentage of the meat and poultry industry through contracts, procurement, subsidies, and other mechanisms; (7) the risk of disruption caused by corporate consolidation among covered establishments, including an analysis of food supply chain issues resulting from the COVID–19 pandemic; and (8) the extent to which breaking up the meat packing oligopoly would increase food system resiliency for the next pandemic. 302. Review and report on racial and ethnic disparities in meat and poultry processing Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress, a report on racial and ethnic disparities in the meat and poultry processing sector. Such report shall contain a review of each of the following: (1) The impacts of working in covered establishments to individuals working at such establishments who are employees, temporary workers, incarcerated workers, noncitizen workers admitted to the United States as nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) 8 U.S.C. 1157 (A) workplace injuries, including repetitive musculoskeletal injuries, of such individuals; (B) psychological and mental health conditions of such individuals; (C) exposure of such individuals to chemicals or other potential carcinogens and reproductive toxins; (D) any physical or mental abuse, including sexual harassment, of such individuals by co-workers or managers; (E) the risk of exposure to SARS–CoV–2 for such individuals; (F) the extent to which such individuals are unable to seek appropriate relief for workplace injuries, abuse, and protection from exposure to SARS–CoV–2 during the COVID–19 emergency for fear of retaliation; and (G) COVID–19 deaths and illnesses of such individuals, including the short- and long-term effects of COVID–19 for such individuals. (2) The racial demographics and use of temporary workers to outsource the responsibility of covered establishments to provide a safe workplace. (3) The racial demographics and use of incarcerated workers in covered establishments, including— (A) the extent to which such workers have a choice in working at covered establishments; (B) the use of such workers to outsource the responsibility of covered establishments to provide a safe workplace; (C) the use of such workers to outsource the responsibility of covered establishments to provide fair compensation; and (D) the use of such workers by covered establishments to externalize employee cost. (4) The racial demographics and use of noncitizen workers admitted to the United States as nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) 8 U.S.C. 1157 (A) the extent to which predatory practices, such as limiting the ability of such workers to choose and move between competing organizations, are utilized by covered establishments with respect to such workers; (B) the extent to which such workers are unable to speak out for fear of retaliation; and (C) the extent to which there is full transparency about the nature of employment of such workers prior to being hired. (5) The racial demographics and use of noncitizen workers who are not lawfully present in the United States at covered establishments, including— (A) the extent to which such workers are unable to speak out for fear of retaliation; and (B) whether any collusion between Federal immigration offices and covered establishments have the effect of intimidating and silencing such workers. 303. GAO report on line speeds (a) In general Not later than 90 days after the end of the covered period, the Comptroller General of the United States shall carry out, and submit to Congress a report containing, a review of the actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services in response to the COVID–19 pandemic to determine the effectiveness of those actions in protecting animal, food, and worker safety. (b) Contents The review carried out under subsection (a) shall include information on, and an analysis of, with respect to covered establishments— (1) all policies and regulations relating to inspection of those establishments that have been implemented by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services during the COVID–19 emergency and the covered period; (2) the pandemic emergency preparedness plans of those establishments; (3) the extent to which those establishments have implemented guidance and recommendations to space workers 6 feet apart on production lines and in break rooms, locker rooms, and all other workspaces; (4) the extent to which those establishments maintain policies and procedures that discourage workers from reporting exposure, seeking treatment, or remaining in isolation, including— (A) bonus or work incentive programs; and (B) sick leave that does not cover the full pay of a worker; (5) the extent to which those establishments provide communications and training about COVID–19 in a language and at a literacy level workers understand; (6) (A) the quantity and quality of face masks and personal protective equipment, such as face shields and respirators, made available to workers at those establishments; (B) whether the face masks and personal protective equipment are provided to the workers free of charge; and (C) usage of the face masks and personal protective equipment by the workers; (7) any guidance provided to inspectors of those establishments by the Secretary, the Secretary of Labor, or the Secretary of Health and Human Services during the COVID–19 emergency; (8) actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services to protect workers, animals, and food at establishments that have reported cases of COVID–19; (9) all humane handling reports issued, and enforcement actions taken, by the Secretary during the COVID–19 emergency pursuant to— (A) Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 7 U.S.C. 1901 et seq. (B) good commercial practices regulations promulgated under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. (10) the impact of faster line speeds on the ability of those establishments to maintain protections for workers; (11) any instance of interference by a Federal agency with the contents of any report of findings based on a review of a covered establishment experiencing an outbreak of COVID–19 conducted by personnel of the Centers for Disease Control and Prevention; and (12) any instance of interference by a Federal agency with the recommended actions of a State or local health department to close a covered facility experiencing COVID–19-related deaths and disease.

Summary: Protecting America's Meatpacking Workers Act of 2021 This bill addresses workplace conditions and safety with a particular focus on meat and poultry processing establishments and makes other changes to agricultural programs and activities. Generally, the bill provides funding through FY2027 for hiring additional Occupational Safety and Health Administration (OSHA) inspectors and related activities. It also restricts an employer's use of certain attendance policies under which a worker is assessed points for absences with progressive discipline imposed as points accumulate. Additionally, the bill expands protections for workers who exercise their rights under occupational safety and health laws and regulations. This includes specific protections and procedures for workers of meat and poultry processing establishments. The bill expands workplace safety and health requirements that apply to meat and poultry processing establishments, including by prohibiting waivers (subject to limited exceptions) related to line speeds and inspections. Additionally, OSHA must issue standards for these establishments that address, for example, ergonomic program management and preventing occupational exposure to COVID-19. OSHA must also (1) establish, within seven days, a process for establishments to report COVID-19 information; and (2) publish certain regulations regarding a workers' representative accompanying an OSHA inspector during inspections of an establishment. The bill provides funding through FY2031 for, and imposes additional conditions on recipients of, grants to improve meat and poultry processing facilities. Further, the bill increases funding for a program that supports regional and local food systems. It also requires country-of-origin labeling of beef, pork, and dairy products.