H.R. 4978

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4978 Introduced in House (IH)]

<DOC>

118th CONGRESS
1st Session
H. R. 4978

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 27, 2023

Mr. Casar (for himself, Mr. Pocan, Ms. Adams, Ms. Barragan, Mr. Bowman, 
Ms. Budzinski, Ms. Bush, Mr. Carson, Ms. Crockett, Mr. Deluzio, Mr. 
Doggett, Mrs. Foushee, Mr. Frost, Mr. Garamendi, Mr. Robert Garcia of 
California, Ms. Garcia of Texas, Ms. Norton, Ms. Jackson Lee, Mr. 
Jackson of Illinois, Mr. Johnson of Georgia, Mr. McGovern, Ms. Ocasio-
Cortez, Ms. Sanchez, Mr. Thanedar, Ms. Tlaib, Mr. Vargas, Ms. 
Velazquez, Ms. Jayapal, and Ms. Clarke of New York) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
in addition to the Committees on Education and the Workforce, Financial 
Services, Oversight and Accountability, House Administration, and the 
Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

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

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Agricultural Worker Justice Act''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--FAIR USDA PROCUREMENT AND CONTRACTING

Sec. 101. Definitions.
Sec. 102. Food worker pay increase.
Sec. 103. Prohibition on stock buybacks while receiving USDA funds.
Sec. 104. Promotion of economic security and workplace accountability.
Sec. 105. Waiver to purchase foreign commodities or products.
Sec. 106. Authorization of local food purchase assistance cooperative 
agreement program.
Sec. 107. Report regarding grant recipients.
TITLE II--PROTECTING AMERICA'S MEATPACKING WORKERS

Sec. 201. Findings.
Sec. 202. Definitions.
Subtitle A--Reforms to Protect Meat and Poultry Processing Workers

PART I--Department of Agriculture

Sec. 211. Rule on increased line speeds at meat and poultry 
establishments.
PART II--Fair Attendance Policies

Sec. 221. Definitions.
Sec. 222. Requirements for employers relating to no fault attendance 
policies or attendance systems.
Sec. 223. Remedies and enforcement.
Sec. 224. Rulemaking.
Sec. 225. Relationship to other laws.
PART III--Occupational Safety and Health Administration Reforms

Sec. 231. Definitions.
Sec. 232. Ensuring compliance with employee rights to use toilet 
facilities at covered establishments.
Sec. 233. Occupational safety and health standards to protect employees 
in covered establishments.
Sec. 234. Permanent regional emphasis inspection program; expanding 
inspections.
Sec. 235. Representatives during physical inspections.
Sec. 236. Enhanced protections from retaliation.
Sec. 237. Regulations to restore a column on required records of work-
related musculoskeletal disorders.
Sec. 238. Funding for additional OSHA inspectors.
Sec. 239. OSHA reporting.
Sec. 240. Private right of action.
Sec. 241. Injunction proceedings.
PART IV--Savings Provision

Sec. 251. Savings provision.
Subtitle B--GAO Reports

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

TITLE I--FAIR USDA PROCUREMENT AND CONTRACTING

SEC. 101. DEFINITIONS.

In this title:
(1) Meat.--The term ``meat'' means meat (within the meaning 
of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(2) Meat food product.--The term ``meat food product'' has 
the meaning given the term in section 1 of the Federal Meat 
Inspection Act (21 U.S.C. 601).
(3) Poultry; poultry product.--The terms ``poultry'' and 
``poultry product'' have the meanings given those terms in 
section 4 of the Poultry Products Inspection Act (21 U.S.C. 
453).
(4) Processed food.--The term ``processed food'' has the 
meaning given the term in section 201 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321).

SEC. 102. FOOD WORKER PAY INCREASE.

(a) Prevailing Rate.--The Secretary of Agriculture may not purchase 
any meat, meat food product, poultry, poultry product, or processed 
food produced by workers in the United States who are compensated at a 
rate lower than the prevailing rate for wages and fringe benefits for 
such workers in their locality.
(b) Prevailing Rate Determination.--The Secretary of Labor shall 
determine the prevailing rates described in subsection (a) and, in 
determining such rates, shall take into account any applicable existing 
collective bargaining agreements in the locality.
(c) Collective Bargaining Agreement Supremacy.--A prevailing rate 
established pursuant to this section shall not supersede the wages and 
benefits of a worker agreed to in a collective bargaining agreement.

SEC. 103. PROHIBITION ON STOCK BUYBACKS WHILE RECEIVING USDA FUNDS.

(a) Definitions.--In this section:
(1) Equity security; exchange; issuer.--The terms ``equity 
security'', ``exchange'', and ``issuer'' have the meanings 
given the terms in section 3 of the Securities Exchange Act of 
1934 (15 U.S.C. 78c).
(2) National security exchange.--The term ``national 
securities exchange'' means an exchange registered under 
section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 
78f).
(b) Prohibitions.--Notwithstanding any other provision of law, 
during any period that an agricultural issuer has a contract or 
receives funding from the Department of Agriculture, the agricultural 
issuer may not--
(1) purchase an equity security of the issuer or any parent 
company of the issuer on a national securities exchange; or
(2) pay dividends or other capital distributions on an 
equity security of the issuer.

SEC. 104. PROMOTION OF ECONOMIC SECURITY AND WORKPLACE ACCOUNTABILITY.

(a) Required Disclosures.--The Secretary of Agriculture shall 
require any entity that enters into a contract with the Department of 
Agriculture on or after the date that is 2 years after the date of 
enactment of this Act to disclose to the Secretary of Labor, on an 
annual basis and to the best of the knowledge of the entity, whether, 
within the preceding 3-year period, any administrative merits 
determination, arbitral award or decision, or civil judgment, as 
defined in regulations issued by the Secretary of Labor, has been 
issued against the entity, or any subcontractor of the entity, for 
violations of any of the following (including, as applicable, any 
regulations issued under any of the following):
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.).
(2) The Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.).
(3) The National Labor Relations Act (29 U.S.C. 151 et 
seq.).
(4) Subchapter IV of chapter 31 of title 40, United States 
Code (commonly known as the ``Davis-Bacon Act'').
(5) Chapter 67 of title 41, United States Code (commonly 
known as the ``Service Contract Act'').
(6) Executive Order 11246 (42 U.S.C. 2000e note; relating 
to equal employment opportunity).
(7) Section 503 of the Rehabilitation Act of 1973 (29 
U.S.C. 793).
(8) Section 4212 of title 38, United States Code.
(9) The Family and Medical Leave Act of 1993 (29 U.S.C. 
2601 et seq.).
(10) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.).
(11) Title I of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12111 et seq.).
(12) The Age Discrimination in Employment Act of 1967 (29 
U.S.C. 621 et seq.).
(13) Executive Order 13658 (79 Fed. Reg. 9851; relating to 
establishing a minimum wage for contractors).
(14) The Railway Labor Act (45 U.S.C. 151 et seq.).
(15) The Pregnant Workers Fairness Act (division II of the 
Consolidated Appropriations Act, 2023 (Public Law 117-328)).
(16) Section 4714 of title 41, United States Code.
(17) Part 170 of title 40, Code of Federal Regulations 
(regarding the Worker Protection Standard).
(18) Section 218 of the Immigration and Nationality Act (8 
U.S.C. 1188) relating to protections for H-2A workers.
(19) Section 274B of such Act (8 U.S.C. 1324b).
(20) Migrant and Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1801 et seq.).
(21) Any applicable State or local labor or employment law, 
as defined in regulations issued by the Secretary of Labor.
(b) Consultation.--The Secretary of Labor shall be available, as 
appropriate and in coordination as described in subsection (e), for 
consultation with an entity described in subsection (a) to assist the 
entity in evaluating the information on labor compliance submitted to 
the entity by a subcontractor pursuant to such subsection.
(c) Corrective Measures.--On an annual basis, the Secretary of 
Labor--
(1) shall provide an entity that makes a disclosure 
pursuant to subsection (a) an opportunity to report any steps 
taken by the entity, or any subcontractor of the entity, to 
correct violations of or improve compliance with the laws, 
including Executive orders, listed in such subsection, 
including any agreements entered into with an enforcement 
agency; and
(2) may negotiate with such entity corrective measures that 
the entity or any subcontractor of the entity may take in order 
to avoid having the entity placed on the list under subsection 
(d).
(d) List of Ineligible Entities.--
(1) In general.--For each calendar year beginning with the 
first calendar year that begins after the date that is 2 years 
after the date of enactment of this Act, the Secretary of 
Labor, in coordination as described in subsection (e), shall 
prepare, and submit to the Secretary of Agriculture, a list of 
each entity that shall be ineligible for a contract with the 
Department of Agriculture for that year based on--
(A) serious, repeated, or pervasive violations of 
the laws, including Executive orders, listed under 
subsection (a) committed by the entity or any 
subcontractor of the entity; or
(B) the failure of such entity, or any 
subcontractor of such entity, to complete any 
corrective measure negotiated under subsection (c).
(2) Ineligibility.--The Secretary of Agriculture shall 
not--
(A) solicit a contract from any entity on the list 
under paragraph (1) that is in effect for a year for 
that year or any of the subsequent 4 years; and
(B) conduct an inspection pursuant to the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.) or the 
Poultry Products Inspection Act (21 U.S.C. 451 et 
seq.), as applicable, of any facility owned or 
controlled by an entity on the list under paragraph (1) 
that is in effect for a year for that year or for any 
of the subsequent 4 years.
(e) Coordination.--In providing the consultation described in 
subsection (b) and preparing the list under subsection (d), the 
Secretary of Labor shall coordinate, as appropriate, with the National 
Labor Relations Board, the Equal Employment Opportunity Commission, the 
Environmental Protection Agency, and any other relevant Federal agency 
as well as States, and local governments.
(f) Criminal Penalty for Failure To Report.--
(1) Offense.--It shall be unlawful for an entity to 
knowingly fail to make a disclosure required under subsection 
(a).
(2) Penalty.--
(A) In general.--A violation of paragraph (1) shall 
be treated as a violation of section 1031(a) of title 
18, United States Code.
(B) Gross loss to government; gross gain to 
defendant.--For purposes of applying section 1031 of 
title 18, United States Code, to a violation of 
paragraph (1) of this subsection, the amount that the 
Department of Agriculture pays an entity that violates 
such paragraph (1) under a contract described in 
subsection (a) of this section shall be treated as the 
gross loss to the Government or the gross gain to the 
defendant.
(g) Annual Reports to Congress.--For each calendar year beginning 
with the first calendar year that begins after the date that is 2 years 
after the date of enactment of this Act, the Secretary of Agriculture 
shall submit a report to the Committee on Agriculture, Nutrition, and 
Forestry of the Senate and the Committee on Agriculture of the House of 
Representatives that includes--
(1) the number of entities on the list under subsection (d) 
for the year of the report;
(2) the number of entities that agreed to take corrective 
measures under subsection (c) for such year;
(3) the amount of the applicable contracts for the entities 
described in paragraph (1) or (2); and
(4) performance indicators and measures, as determined by 
the Secretary of Agriculture, assessing the effectiveness of 
the implementation by the Secretary of Agriculture of this 
section for such year.

SEC. 105. WAIVER TO PURCHASE FOREIGN COMMODITIES OR PRODUCTS.

(a) In General.--Section 12(n)(2) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1760(n)(2)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)'' 
and inserting ``subparagraphs (B) and (C)'';
(2) in subparagraph (B)(ii), by striking ``for the school 
lunch program under this Act or the school breakfast program 
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
1773).'' and inserting the following: ``for--
``(I) the school lunch program 
under this Act, including any snacks 
served under that program;
``(II) the special milk program 
under section 3 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1772); or
``(III) the school breakfast 
program under section 4 of the Child 
Nutrition Act of 1966 (42 U.S.C. 
1773).''; and
(3) by adding at the end the following:
``(C) Waiver.--
``(i) Waiver request.--Except as provided 
in clause (ii), in order to purchase foreign 
commodities or products, a school food 
authority shall request from the Secretary a 
waiver of subparagraph (A).
``(ii) Exception.--A school food authority 
may purchase foreign commodities or products 
without a waiver under clause (i) if the 
commodities or products are not--
``(I) produced domestically; or
``(II) available domestically.
``(iii) Requirements.--The Secretary may 
not provide a waiver to purchase foreign 
commodities or products under clause (i) 
unless--
``(I) the commodities or products--
``(aa) are not produced 
domestically in sufficient 
amounts or of satisfactory 
quality; and
``(bb) if purchased 
domestically, would be 
significantly higher in price 
than such foreign commodities 
or products; and
``(II) the school enters into an 
agreement under clause (iv).
``(iv) Agreement.--The Secretary may not 
provide a waiver under clause (i) unless the 
school food authority requesting the waiver 
agrees--
``(I) not later than 30 days after 
receiving the waiver, to make the 
waiver publicly available on the 
website of the school food authority; 
and
``(II) not less than once each 
school year, to email a notification of 
all waivers to parents or guardians of 
students who will be served the foreign 
commodity or product purchased pursuant 
to any waivers.''.
(b) Definition of Foreign Commodity.--Section 12(n) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1760(n)) is amended by 
striking paragraph (1) and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Domestic commodity or product.--The term 
`domestic commodity or product' means--
``(i) an agricultural commodity that is 
produced in the United States; and
``(ii) a food product that is processed in 
the United States substantially using 
agricultural commodities that are produced in 
the United States.
``(B) Foreign commodity or product.--The term 
`foreign commodity or product' means a commodity or 
product other than a domestic commodity or product.''.
(c) Conforming Amendments.--Section 12(n) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1760(n)) is amended--
(1) in paragraph (3), by striking ``Paragraph (2)(A)'' and 
inserting ``Subparagraphs (A) and (C) of paragraph (2)''; and
(2) in paragraph (4), by striking ``Paragraph (2)(A)'' and 
inserting ``Subparagraphs (A) and (C) of paragraph (2)''.
(d) Rule of Construction.--Nothing in this section or the 
amendments made by this section affects the requirements under section 
4207 of the Agriculture Improvement Act of 2018 (42 U.S.C. 1760 note; 
Public Law 115-334).

SEC. 106. AUTHORIZATION OF LOCAL FOOD PURCHASE ASSISTANCE COOPERATIVE 
AGREEMENT PROGRAM.

There is authorized to be appropriated to carry out the local food 
purchase assistance cooperative agreement program established pursuant 
to section 1001 of the American Rescue Plan Act of 2021 (7 U.S.C. 7501 
note; Public Law 117-2) $400,000,000 for fiscal year 2024 and each 
fiscal year thereafter.

SEC. 107. REPORT REGARDING GRANT RECIPIENTS.

Not later than 180 days after the date of enactment of this Act and 
annually thereafter, the Secretary of Agriculture shall submit to 
Congress and make publicly available on the website of the Department 
of Agriculture an easily-navigable report that, with respect to the 
preceding year, specifies each organization, farm, individual, or other 
entity that received funding (including through a contract, 
subcontract, subsidy, loan, or grant) from the Secretary of Agriculture 
during that year.

TITLE II--PROTECTING AMERICA'S MEATPACKING WORKERS

SEC. 201. 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'', tendinitis, rotator cuff injuries, lower 
back injuries, and chronic pain and numbness, in numbers that 
can exceed 50 percent of workers;
(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; and
(5) 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'' and ``harder'';
(ii) use of sexualized language to harass 
women workers to work ``harder'' and 
``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 increased feelings of anger and stress by 
workers pressured to work faster and more aggressively 
to slaughter animals on killing lines.

SEC. 202. DEFINITIONS.

In this title:
(1) Covered establishment.--The term ``covered 
establishment'' means--
(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.); and
(B) an official establishment (as defined in 
section 381.1(b) 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) Employee; employer.--Unless otherwise specified, the 
terms ``employee'' and ``employer'' have the meanings given 
those terms in section 3 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 652).

Subtitle A--Reforms to Protect Meat and Poultry Processing Workers

PART I--DEPARTMENT OF AGRICULTURE

SEC. 211. RULE ON INCREASED LINE SPEEDS AT MEAT AND POULTRY 
ESTABLISHMENTS.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the 
Administrator of the Service.
(2) Assistant secretary.--The term ``Assistant Secretary'' 
means the Assistant Secretary of Labor for Occupational Safety 
and Health.
(3) Director.--The term ``Director'' means the Director of 
the National Institute for Occupational Safety and Health.
(4) Secretary.--The term ``Secretary'' means the Secretary 
of Agriculture.
(5) Service.--The term ``Service'' means the Food Safety 
Inspection 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 under those regulations relating to 
line speeds that would result in higher 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 the disorders referred to in 
subparagraph (B), 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 on or after the date of 
enactment of this Act 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 note; relating to 
improving regulation and regulatory review), which requires 
Federal agencies to provide timely online access to relevant 
scientific information in an open format that can easily be 
searched and downloaded during a proposed rulemaking.
(d) Evaluation of Rulemaking and Policies.--In evaluating the 
impact of any 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) Report on Implementation of Rules.--
(1) 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--
(A) line speeds at covered establishments;
(B) worker safety and health at covered 
establishments;
(C) ergonomic aspects of jobs at covered 
establishments; and
(D) staffing levels that will ensure worker safety 
at covered establishments.
(2) Requirement.--A report under paragraph (1) shall 
include--
(A) the results of a study carried out by an 
industrial engineer on every type of job at covered 
establishments impacted by the applicable rule;
(B) 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
(C) a job crewing report prepared by the industrial 
engineer.

PART II--FAIR ATTENDANCE POLICIES

SEC. 221. DEFINITIONS.

In this part:
(1) Covered entity.--The term ``covered entity''--
(A) has the meaning given the term ``respondent'' 
in section 701(n) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(n)); and
(B) includes--
(i) an employing office, as defined in 
section 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301);
(ii) an employing office, as defined in 
section 411(c) of title 3, United States Code;
(iii) an entity employing a State employee 
described in section 304(a) of the Government 
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a)); and
(iv) an entity to which section 717(a) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies.
(2) Employee.--The term ``employee'' means--
(A) an employee (including an applicant), as 
defined in section 701(f) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as 
defined in section 101 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as 
defined in section 411(c) of title 3, United States 
Code;
(D) a State employee (including an applicant) 
described in section 304(a) of the Government Employee 
Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or
(E) an employee (including an applicant) to which 
section 717(a) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e-16(a)) applies.
(3) Legally protected leave.--The term ``legally protected 
leave'', when used with respect to an employee, means leave 
that is protected under a Federal, State, or local law 
applicable to the employee.
(4) No fault attendance policy.--The term ``no fault 
attendance policy'' means a policy or pattern and practice 
maintained by a covered entity under which employees face 
consequences for any absence, tardy, or early departure through 
the assessment of points (also referred to as ``demerits'' or 
``occurrences'') or deductions from an allotted bank of time, 
and those points or deductions subject the employee to 
progressive disciplinary action, which may include failure to 
receive a promotion, loss of pay, or termination.
(5) Person.--The term ``person'' has the meaning given such 
term in section 701(a) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(a)).
(6) Secretary.--The term ``Secretary'' means the Secretary 
of Labor.

SEC. 222. 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 a covered entity to 
maintain a no fault attendance policy, unless the covered entity 
complies with the following:
(1) The no fault attendance policy shall be distributed in 
writing (and be made available in the primary language of such 
employee)--
(A) not later than 90 days after the date of 
enactment of this Act, to each employee employed by the 
covered entity as of that date of distribution; and
(B) with respect to each employee hired by the 
covered entity 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 covered entity shall provide employees with a means 
of accessing the no fault attendance policy at any physical 
workplace, and outside of a physical workplace, in an 
accessible location.
(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.), the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), and 
chapter 43 of title 38, United States Code.
(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 a covered entity 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.

SEC. 223. REMEDIES AND ENFORCEMENT.

(a) Civil Action.--The powers, remedies, and procedures provided in 
section 107 of the Family and Medical Leave Act of 1993 (29 U.S.C. 
2617) shall be the powers, remedies, and procedures this part provides 
to any person alleging an unlawful employment practice described in 
section 222.
(b) Penalties.--Any covered entity that commits an unlawful 
employment practice described in section 222 shall be subject to a 
civil penalty not to exceed the amounts under section 17(a) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 666(a)), as 
adjusted annually for inflation. The Secretary may bring any legal 
action necessary, including administrative action, to collect such 
penalties.

SEC. 224. RULEMAKING.

Not later than 2 years 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 
issue regulations in an accessible format in accordance with subchapter 
II of chapter 5 of title 5, United States Code, to carry out this part. 
Such regulations shall provide an example of a model no fault 
attendance policy that conforms to the requirements of this part.

SEC. 225. RELATIONSHIP TO OTHER LAWS.

Nothing in this part 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 legally protected leave.

PART III--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REFORMS

SEC. 231. DEFINITIONS.

In this part, the terms ``Secretary'' and ``State'' have the 
meanings given such terms in section 3 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 652).

SEC. 232. 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), the Secretary shall verify that the 
employer of employees working at such establishment is in compliance 
with the occupational safety and health standard set forth in section 
1910.141 of title 29, Code of Federal Regulations, as in effect on the 
day before the date of enactment of this Act, for employers to provide 
prompt access for employees to visit and use toilet facilities, 
including such standard as interpreted by the memorandum for regional 
administrators and State designees regarding ``Interpretation of 29 
CFR. 1910.141(c)(1)(i): Toilet Facilities'' issued by the Occupational 
Safety and Health Administration on April 6, 1998, and any successor 
regulation.
(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.

SEC. 233. 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), publish in the Federal Register a proposed 
standard for ergonomic program management for covered 
establishments. Such proposed standard shall include 
requirements for--
(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), publish in the Federal Register a final standard 
based on the proposed standard under paragraph (1).
(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), publish in the Federal Register a proposed 
standard requiring that all employers with employees working at 
a covered establishment who, in accordance with the standard 
promulgated under section 1910.151 of title 29, Code of Federal 
Regulations, as in effect on the day before the date of 
enactment of this Act, are required to have a person readily 
available at the establishment who is adequately trained to 
render first aid shall ensure that such person--
(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), publish in the Federal Register a final standard 
based on the proposed standard under paragraph (1).
(c) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for fiscal year 2024 to carry out this section.

SEC. 234. 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), implement a regional emphasis inspection program for 
covered establishments in every State in which a covered 
establishment is located. Such program shall cover--
(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) shall adopt in each region within the State in 
which a covered establishment is located a regional emphasis 
inspection program that is at least as effective as the program 
under paragraph (1).
(b) Expanding Inspections When Information Presents Possible 
Additional Dangers.--
(1) In general.--If 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 
described in 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.

SEC. 235. 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)), publish 
in the Federal Register a regulation providing that during a physical 
inspection of a covered establishment under such section--
(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).

SEC. 236. 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)) is amended--
(1) by striking ``discharge'' and all that follows through 
``because such'' and inserting the following: ``discharge or 
cause to be discharged, or in any other manner retaliate or 
discriminate against or cause to be retaliated or discriminated 
against, any employee because--
``(A) such'';
(2) by striking ``this Act or has'' and inserting the 
following: ``this Act;
``(B) such employee has'';
(3) by striking ``in any such proceeding or because of the 
exercise'' and inserting the following: ``before Congress or in 
any Federal or State proceeding related to safety or health;
``(C) such employee has refused to violate any provision of 
this Act; or
``(D) of this 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) is amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``discharged or otherwise 
discriminated against by any person in 
violation of this subsection'' and inserting 
``aggrieved by a violation of this 
subsection''; and
(ii) by striking ``such discrimination'' 
and inserting ``such violation''; and
(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 202 of the Agricultural 
Worker Justice 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' means a 
complainant who is a covered employee.
``(B) Covered employee.--The term `covered 
employee' means an employee of a covered employer.
``(C) Covered employer.--The term `covered 
employer' means an employer that is a covered 
establishment, as defined in section 202 of the 
Agricultural Worker Justice Act.
``(D) Respondent.--The term `respondent' means a 
respondent who is a covered employer.
``(2) Reasonable apprehension.--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--
``(A) 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; and
``(B) when practicable, the covered employee has 
communicated or attempted to communicate such 
reasonable apprehension to the covered employer and has 
not received from the covered employer a response 
reasonably calculated to allay such apprehension.
``(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 of title 5, United States Code. 
The commencement 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 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 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 240 of the Agricultural 
Worker Justice Act.
``(20) Definitions.--For purposes of this subsection 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 employee raises a concern about 
workplace health and safety practices or hazards; and
``(B) the term `family member', with respect to the 
family member of a covered employee, 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, 
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)) is amended by inserting before 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 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'' (75 Fed. Reg. 4728).

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 declared 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 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.--Not later than 1 year 
after the date of enactment of this Act, or 7 days 
following a declaration of a pandemic, whichever is 
sooner, the Secretary shall issue reporting procedures 
described in subparagraph (A), including forms for such 
procedures, for pandemics.
(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.

SEC. 240. 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.), 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 controversy and without 
regard to the citizenship of the parties, 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 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.

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 representative 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 exercises 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 PROCESSING.

(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 on racial and ethnic 
disparities in the meat and poultry processing sector.
(b) Inclusions.--The report under subsection (a) 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)) or as refugees 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 conditions of 
those individuals;
(C) exposure of those individuals to chemicals or 
other potential carcinogens and reproductive toxins; 
and
(D) any physical or mental abuse, including sexual 
harassment, of those individuals by coworkers or 
managers.
(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 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 
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)) or as refugees under 
section 207 of that Act (8 U.S.C. 1157) at covered 
establishments, including--
(A) the extent to which predatory practices, such 
as limiting the ability of those workers to choose and 
move between competing organizations, are utilized by 
covered establishments with respect to those workers;
(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 transparency 
about the nature of employment of those 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 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.
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