the complainant resided on the date of such al-
leged violation. To obtain such review, a party 
shall file a petition for review not later than 60 
days after the final decision and order was 
issued. Such review shall conform to chapter 7 
of title 5, United States Code. The commence-
ment of proceedings under this subparagraph 
shall not, unless ordered by the court, operate 
as a stay of the final decision and order. 
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order and decision with respect to 
which review may be obtained under subpara-
graph (A) shall not be subject to judicial review 
in any criminal or other civil proceeding. 
‘‘(12) ENFORCEMENT
OF
ORDER.—If a re-
spondent 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 ac-
tion 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 ap-
propriate relief described in paragraph (14). 
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‘‘(13) BURDENS OF PROOF.— 
‘‘(A) CRITERIA FOR DETERMINATION.—In 
making a determination or adjudicating a com-
plaint pursuant to this subsection, the Sec-
retary, administrative law judge, review board, 
or a court may determine that a violation of 
subsection (c)(1) or paragraph (2) of this sub-
section has occurred only if the complainant 
demonstrates that any conduct described in 
subsection (c)(1) or paragraph (2) of this sub-
section with respect to the complainant was a 
contributing factor in the adverse action alleged 
in the complaint. 
‘‘(B) PROHIBITION.—Notwithstanding sub-
paragraph (A), a decision or order that is favor-
able to the complainant shall not be issued in 
any administrative or judicial action pursuant 
to this subsection if the respondent dem-
onstrates by clear and convincing evidence that 
the respondent would have taken the same ad-
verse action in the absence of such conduct. 
‘‘(14) RELIEF.— 
‘‘(A) ORDER
FOR
RELIEF.—If the Sec-
retary, administrative law judge, review board, 
or a court determines that a covered employer 
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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 compen-
satory and exemplary damages, including— 
‘‘(i) affirmative action to abate the 
violation; 
‘‘(ii) reinstatement without loss of po-
sition or seniority, and restoration of the 
terms, rights, conditions, and privileges as-
sociated with the complainant’s employ-
ment, including opportunities for pro-
motions to positions with equivalent or bet-
ter compensation for which the complain-
ant is qualified; 
‘‘(iii) compensatory and consequential 
damages sufficient to make the complain-
ant whole (including back pay, prejudg-
ment 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 
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gave rise to the unfavorable personnel ac-
tion, 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, admin-
istrative law judge, review board, or court, re-
spectively, shall assess, at the request of the 
covered employee against the covered em-
ployer— 
‘‘(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 con-
nection 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 
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of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(16) SAVINGS.—Nothing in this subsection 
shall be construed to diminish the rights, privileges, 
or remedies of any covered employee under any Fed-
eral or State law or common law, or under any col-
lective 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 sub-
section 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 Sec-
retary shall not refer such complaint to a 
State plan administrator for resolution; or 
‘‘(ii) a State plan administrator re-
ceives a complaint pursuant to subpara-
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graph (A)(ii), the State plan administrator 
shall not refer such complaint to the Sec-
retary for resolution. 
‘‘(18) PRESUMPTION
OF
RETALIATION.—The 
Secretary shall apply an unrebuttable presumption 
of retaliation in any complaint initiated under para-
graph (5) in which the Secretary finds a covered em-
ployee suffers an adverse action within 90 days of 
the date on which the covered employee took any ac-
tion 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 supple-
ment, and do not supplant, the private right of ac-
tion under section 240 of the Agricultural Worker 
Justice Act. 
‘‘(20) DEFINITIONS.—For purposes of this sub-
section and subsection (c)— 
‘‘(A) the term ‘retaliate or discriminate 
against’ includes reporting, or threatening to 
report, to a Federal, State, or local authority 
the suspected citizenship or immigration status 
of a covered employee, or of a family member 
of a covered employee, because the covered em-
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ployee raises a concern about workplace health 
and safety practices or hazards; and 
‘‘(B) the term ‘family member’, with re-
spect to the family member of a covered em-
ployee, means an individual who— 
‘‘(i) is related to the covered employee 
by blood, adoption, marriage, or domestic 
partnership; and 
‘‘(ii) is a significant other, parent, sib-
ling, child, uncle, aunt, niece, nephew, 
cousin, grandparent, or grandchild of the 
covered employee.’’. 
(c) RELATION TO ENFORCEMENT.—Section 17(j) of 
such Act (29 U.S.C. 666(j)) is amended by inserting be-
fore the period the following: ‘‘, including the history of 
violations under subsection (c) or (d) of section 11’’. 
SEC. 237. REGULATIONS TO RESTORE A COLUMN ON RE-
QUIRED RECORDS OF WORK-RELATED MUS-
CULOSKELETAL 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 Sec-
retary on January 29, 2010, entitled ‘‘Occupational Injury 
and Illness Recording and Reporting Requirements’’ (75 
Fed. Reg. 4728). 
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SEC. 238. FUNDING FOR ADDITIONAL OSHA INSPECTORS. 
Out of any amounts in the Treasury not otherwise 
appropriated, there is appropriated $60,000,000 to the 
Secretary for each of fiscal years 2024 through 2029, to 
remain available until expended for— 
(1) the hiring of additional inspectors to carry 
out inspections under section 8 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 657); and 
(2) carrying out sections 6, 8, and 11 of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 655; 657; and 660), as amended by this Act. 
SEC. 239. OSHA REPORTING. 
(a) DEFINITION OF PANDEMIC.—In this section, the 
term ‘‘pandemic’’ means a public health emergency de-
clared under section 319 of the Public Health Service Act 
(42 U.S.C. 247d) with respect to a pandemic. 
(b) REPORTING DURING A PANDEMIC.— 
(1) STANDARDIZED REPORTING.— 
(A) IN GENERAL.—The Secretary shall es-
tablish a standardized process for covered es-
tablishments to report, on a weekly basis during 
a pandemic, to the Secretary information re-
garding infections and deaths related to the 
pandemic. Such information shall include— 
(i) the number of employees on a 
weekly and cumulative basis that have con-
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tracted the disease resulting in the pan-
demic; 
(ii) racial demographics of such em-
ployees; and 
(iii) the employment status of such 
employees. 
(B) FORM AND PROCEDURES.—Not later 
than 1 year after the date of enactment of this 
Act, or 7 days following a declaration of a pan-
demic, whichever is sooner, the Secretary shall 
issue reporting procedures described in sub-
paragraph (A), including forms for such proce-
dures, for pandemics. 
(2) 
PUBLIC
AVAILABILITY.—The 
Secretary 
shall make the information reported under para-
graph (1) available to the public in a manner that 
facilitates public participation, including by making 
such information available on its website in a man-
ner that maximizes public participation. 
(3) PRIVACY.—A covered establishment, in re-
porting information to the Secretary under para-
graph (1), may not claim confidential business infor-
mation or patient privacy, except that such an estab-
lishment may withhold the names of workers, as a 
basis to withhold information. 
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(c) DISCLOSURES TO EMPLOYEES.—A covered estab-
lishment shall disclose to each employee or individual pro-
viding work for the employer, including any individual pro-
viding such work through a contract or subcontract, all 
chemicals used at the worksite where the employee or indi-
vidual provides such work. Such disclosure shall be pro-
vided to the employee or individual in the native language 
of the employee or individual. 
SEC. 240. PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Any person aggrieved by the fail-
ure of a covered establishment to comply with the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.), including any regulation promulgated pursuant to 
such Act, or to comply with this subtitle may file suit in 
any district court of the United States having jurisdiction 
of the parties, without respect to the amount in con-
troversy and without regard to the citizenship of the par-
ties, or in any other court of competent jurisdiction. 
(b) RIGHT OF RECOVERY.—In an action brought by 
any aggrieved person pursuant to this section, the person 
may recover equitable and legal relief (including compen-
satory and punitive damages), attorney’s fees (including 
expert fees), and costs of the action. 
(c) ACTION BY THE SECRETARY.—Any administra-
tive enforcement by the Secretary shall not preclude the 
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relief afforded by this section or otherwise deprive a court 
of jurisdiction. 
SEC. 241. INJUNCTION PROCEEDINGS. 
Section 13(a) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 662(a)) is amended by adding at 
the end the following: ‘‘Any employee (or the representa-
tive of such employee) at a place of employment subject 
to enforcement under this subsection may unconditionally 
intervene as a matter of right.’’. 
PART IV—SAVINGS PROVISION 
SEC. 251. SAVINGS PROVISION. 
Nothing in this subtitle shall be construed to diminish 
the rights, privileges, or remedies of any employee who ex-
ercises rights under any Federal or State law or common 
law, or under any collective bargaining agreement. 
Subtitle B—GAO Reports 
SEC. 261. REVIEW AND REPORT ON RACIAL AND ETHNIC 
DISPARITIES IN MEAT AND POULTRY PROC-
ESSING. 
(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 Con-
gress, a report on racial and ethnic disparities in the meat 
and poultry processing sector. 
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(b) INCLUSIONS.—The report under subsection (a) 
shall contain a review of each of the following: 
(1) The impacts of working in covered estab-
lishments to individuals working at such establish-
ments who are employees, temporary workers, incar-
cerated workers, noncitizen workers admitted to the 
United States as nonimmigrants described in section 
101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as ref-
ugees under section 207 of that Act (8 U.S.C. 
1157), or noncitizen workers who are not lawfully 
present in the United States, including— 
(A) workplace injuries, including repetitive 
musculoskeletal injuries, of those individuals; 
(B) psychological and mental health condi-
tions of those individuals; 
(C) exposure of those individuals to chemi-
cals or other potential carcinogens and repro-
ductive toxins; and 
(D) any physical or mental abuse, includ-
ing sexual harassment, of those individuals by 
coworkers or managers. 
(2) The racial demographics and use of tem-
porary workers to outsource the responsibility of 
covered establishments to provide a safe workplace. 
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(3) The racial demographics and use of incar-
cerated workers in covered establishments, includ-
ing— 
(A) the extent to which those workers have 
a choice in working at covered establishments; 
(B) the use of those workers to outsource 
the responsibility of covered establishments to 
provide a safe workplace; 
(C) the use of those workers to outsource 
the responsibility of covered establishments to 
provide fair compensation; and 
(D) the use of those workers by covered es-
tablishments to externalize employee cost. 
(4) The racial demographics and use of noncit-
izen workers admitted to the United States as non-
immigrants described in section 101(a)(15)(H)(ii)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)) or as refugees under section 
207 of that Act (8 U.S.C. 1157) at covered estab-
lishments, including— 
(A) the extent to which predatory prac-
tices, such as limiting the ability of those work-
ers to choose and move between competing or-
ganizations, are utilized by covered establish-
ments with respect to those workers; 
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(B) the extent to which those workers are 
unable to speak out for fear of retaliation; and 
(C) the extent to which there is full trans-
parency about the nature of employment of 
those workers prior to being hired. 
(5) The racial demographics and use of noncit-
izen workers who are not lawfully present in the 
United States at covered establishments, including— 
(A) the extent to which those workers are 
unable to speak out for fear of retaliation; and 
(B) whether any collusion between Federal 
immigration offices and covered establishments 
have the effect of intimidating and silencing 
those workers. 
Æ 
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