Agricultural Worker Justice Act of 2026

Reproduced from the official legislative record. Confirm the current text and status at the official source.

II 119TH CONGRESS 2D SESSION S. 4995 To provide for the protection of agricultural workers, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 15, 2026 Mr. WELCH (for himself, Mr. BOOKER, Mr. FETTERMAN, Mr. WYDEN, and Mr. SANDERS) introduced the following bill; which was read twice and re- ferred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the protection of agricultural workers, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled,2 SECTION 1. SHORT TITLE.3 This Act may be cited as the ‘‘Agricultural Worker4 Justice Act of 2026’’.5 SEC. 2. TABLE OF CONTENTS.6 The table of contents for this Act is as follows:7 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. VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 4995 IS 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 cov- ered establishments. Sec. 234. Permanent regional emphasis inspection program; expanding inspec- tions.

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 poul- try processing. VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 4995 IS TITLE I—FAIR USDA PROCURE-1 MENT AND CONTRACTING2 SEC. 101. DEFINITIONS.3 In this title:4 (1) MEAT.—The term ‘‘meat’’ means meat5 (within the meaning of the Federal Meat Inspection6 Act (21 U.S.C. 601 et seq.)).7 (2) MEAT FOOD PRODUCT.—The term ‘‘meat8 food product’’ has the meaning given the term in9 section 1 of the Federal Meat Inspection Act (2110 U.S.C. 601).11 (3) POULTRY; POULTRY PRODUCT.—The terms12 ‘‘poultry’’ and ‘‘poultry product’’ have the meanings13 given those terms in section 4 of the Poultry Prod-14 ucts Inspection Act (21 U.S.C. 453).15 (4) PROCESSED FOOD.—The term ‘‘processed16 food’’ has the meaning given the term in section 20117 of the Federal Food, Drug, and Cosmetic Act (2118 U.S.C. 321).19 SEC. 102. FOOD WORKER PAY INCREASE.20 (a) PREVAILING RATE.—The Secretary of Agri-21 culture may not purchase any meat, meat food product,22 poultry, poultry product, or processed food produced by23 workers in the United States who are compensated at a24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 4995 IS rate lower than the prevailing rate for wages and fringe1 benefits for such workers in their locality.2 (b) PREVAILING RATE DETERMINATION.—The Sec-3 retary of Labor shall determine the prevailing rates de-4 scribed in subsection (a) and, in determining such rates,5 shall take into account any applicable existing collective6 bargaining agreements in the locality.7 (c) COLLECTIVE BARGAINING AGREEMENT SUPREM-8 ACY.—A prevailing rate established pursuant to this sec-9 tion shall not supersede the wages and benefits of a worker10 agreed to in a collective bargaining agreement.11 SEC. 103. PROHIBITION ON STOCK BUYBACKS WHILE RE-12 CEIVING USDA FUNDS.13 (a) DEFINITIONS.—In this section:14 (1) EQUITY SECURITY; EXCHANGE; ISSUER.—15 The terms ‘‘equity security’’, ‘‘exchange’’, and16 ‘‘issuer’’ have the meanings given the terms in sec-17 tion 3 of the Securities Exchange Act of 1934 (1518 U.S.C. 78c).19 (2) NATIONAL SECURITY EXCHANGE.—The20 term ‘‘national securities exchange’’ means an ex-21 change registered under section 6 of the Securities22 Exchange Act of 1934 (15 U.S.C. 78f).23 (b) PROHIBITIONS.—Notwithstanding any other pro-24 vision of law, during any period that an agricultural issuer25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 4995 IS has a contract or receives funding from the Department1 of Agriculture, the agricultural issuer may not—2 (1) purchase an equity security of the issuer or3 any parent company of the issuer on a national se-4 curities exchange; or5 (2) pay dividends or other capital distributions6 on an equity security of the issuer.7 SEC. 104. PROMOTION OF ECONOMIC SECURITY AND WORK-8 PLACE ACCOUNTABILITY.9 (a) REQUIRED DISCLOSURES.—The Secretary of Ag-10 riculture shall require any entity that enters into a con-11 tract with the Department of Agriculture on or after the12 date that is 2 years after the date of enactment of this13 Act to disclose to the Secretary of Labor, on an annual14 basis and to the best of the knowledge of the entity, wheth-15 er, within the preceding 3-year period, any administrative16 merits determination, arbitral award or decision, or civil17 judgment, as defined in regulations issued by the Sec-18 retary of Labor, has been issued against the entity, or any19 subcontractor of the entity, for violations of any of the20 following (including, as applicable, any regulations issued21 under any of the following):22 (1) The Fair Labor Standards Act of 1938 (2923 U.S.C. 201 et seq.).24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 4995 IS (2) The Occupational Safety and Health Act of1 1970 (29 U.S.C. 651 et seq.).2 (3) The National Labor Relations Act (293 U.S.C. 151 et seq.).4 (4) Subchapter IV of chapter 31 of title 40,5 United States Code (commonly known as the6 ‘‘Davis-Bacon Act’’).7 (5) Chapter 67 of title 41, United States Code8 (commonly known as the ‘‘Service Contract Act’’).9 (6) Executive Order 11246 (42 U.S.C. 2000e10 note; relating to equal employment opportunity), as11 in effect on January 19, 2025.12 (7) Section 503 of the Rehabilitation Act of13 1973 (29 U.S.C. 793).14 (8) Section 4212 of title 38, United States15 Code.16 (9) The Family and Medical Leave Act of 199317 (29 U.S.C. 2601 et seq.).18 (10) Title VII of the Civil Rights Act of 196419 (42 U.S.C. 2000e et seq.).20 (11) Title I of the Americans with Disabilities21 Act of 1990 (42 U.S.C. 12111 et seq.).22 (12) The Age Discrimination in Employment23 Act of 1967 (29 U.S.C. 621 et seq.).24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 4995 IS (13) Executive Order 13658 (79 Fed. Reg.1 9851; relating to establishing a minimum wage for2 contractors).3 (14) The Railway Labor Act (45 U.S.C. 151 et4 seq.).5 (15) The Pregnant Workers Fairness Act (426 U.S.C. 2000gg et seq.).7 (16) Section 4714 of title 41, United States8 Code.9 (17) Part 170 of title 40, Code of Federal Reg-10 ulations (regarding the Worker Protection Stand-11 ard), as in effect on January 19, 2025.12 (18) Section 218 of the Immigration and Na-13 tionality Act (8 U.S.C. 1188) relating to protections14 for H–2A workers.15 (19) Section 274B of such Act (8 U.S.C.16 1324b).17 (20) The Migrant and Seasonal Agricultural18 Worker Protection Act (29 U.S.C. 1801 et seq.).19 (21) Any applicable State or local labor or em-20 ployment law, as defined in regulations issued by the21 Secretary of Labor.22 (b) CONSULTATION.—The Secretary of Labor shall23 be available, as appropriate and in coordination as de-24 scribed in subsection (e), for consultation with an entity25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 4995 IS described in subsection (a) to assist the entity in evalu-1 ating the information on labor compliance submitted to2 the entity by a subcontractor pursuant to such subsection.3 (c) CORRECTIVE MEASURES.—On an annual basis,4 the Secretary of Labor—5 (1) shall provide an entity that makes a disclo-6 sure pursuant to subsection (a) an opportunity to re-7 port any steps taken by the entity, or any subcon-8 tractor of the entity, to correct violations of or im-9 prove compliance with the laws, including Executive10 orders, listed in such subsection, including any11 agreements entered into with an enforcement agen-12 cy; and13 (2) may negotiate with such entity corrective14 measures that the entity or any subcontractor of the15 entity may take in order to avoid having the entity16 placed on the list under subsection (d).17 (d) LIST OF INELIGIBLE ENTITIES.—18 (1) IN GENERAL.—For each calendar year be-19 ginning with the first calendar year that begins after20 the date that is 2 years after the date of enactment21 of this Act, the Secretary of Labor, in coordination22 as described in subsection (e), shall prepare, and23 submit to the Secretary of Agriculture, a list of each24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 4995 IS entity that shall be ineligible for a contract with the1 Department of Agriculture for that year based on—2 (A) serious, repeated, or pervasive viola-3 tions of the laws, including Executive orders,4 listed under subsection (a) committed by the5 entity or any subcontractor of the entity; or6 (B) the failure of such entity, or any sub-7 contractor of such entity, to complete any cor-8 rective measure negotiated under subsection (c).9 (2) INELIGIBILITY.—The Secretary of Agri-10 culture shall not—11 (A) solicit a contract from any entity on12 the list under paragraph (1) that is in effect for13 a year for that year or any of the subsequent14 4 years; and15 (B) conduct an inspection pursuant to the16 Federal Meat Inspection Act (21 U.S.C. 601 et17 seq.) or the Poultry Products Inspection Act18 (21 U.S.C. 451 et seq.), as applicable, of any19 facility owned or controlled by an entity on the20 list under paragraph (1) that is in effect for a21 year for that year or for any of the subsequent22 4 years.23 (e) COORDINATION.—In providing the consultation24 described in subsection (b) and preparing the list under25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 4995 IS subsection (d), the Secretary of Labor shall coordinate,1 as appropriate, with the National Labor Relations Board,2 the Equal Employment Opportunity Commission, the En-3 vironmental Protection Agency, and any other relevant4 Federal agency as well as States and local governments.5 (f) CRIMINAL PENALTY FOR FAILURE TO REPORT.—6 (1) OFFENSE.—It shall be unlawful for an enti-7 ty to knowingly fail to make a disclosure required8 under subsection (a).9 (2) PENALTY.—10 (A) IN GENERAL.—A violation of para-11 graph (1) shall be treated as a violation of sec-12 tion 1031(a) of title 18, United States Code.13 (B) GROSS LOSS TO GOVERNMENT; GROSS14 GAIN TO DEFENDANT.—For purposes of apply-15 ing section 1031 of title 18, United States16 Code, to a violation of paragraph (1) of this17 subsection, the amount that the Department of18 Agriculture pays an entity that violates such19 paragraph (1) under a contract described in20 subsection (a) of this section shall be treated as21 the gross loss to the Government or the gross22 gain to the defendant.23 (g) ANNUAL REPORTS TO CONGRESS.—For each cal-24 endar year beginning with the first calendar year that be-25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 4995 IS gins after the date that is 2 years after the date of enact-1 ment of this Act, the Secretary of Agriculture shall submit2 a report to the Committee on Agriculture, Nutrition, and3 Forestry of the Senate and the Committee on Agriculture4 of the House of Representatives that includes—5 (1) the number of entities on the list under sub-6 section (d) for the year of the report;7 (2) the number of entities that agreed to take8 corrective measures under subsection (c) for such9 year;10 (3) the amount of the applicable contracts for11 the entities described in paragraph (1) or (2); and12 (4) performance indicators and measures, as13 determined by the Secretary of Agriculture, assess-14 ing the effectiveness of the implementation by the15 Secretary of Agriculture of this section for such16 year.17 SEC. 105. WAIVER TO PURCHASE FOREIGN COMMODITIES18 OR PRODUCTS.19 (a) IN GENERAL.—Section 12(n)(2) of the Richard20 B. Russell National School Lunch Act (42 U.S.C.21 1760(n)(2)) is amended—22 (1) in subparagraph (A), by striking ‘‘subpara-23 graph (B)’’ and inserting ‘‘subparagraphs (B) and24 (C)’’;25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 4995 IS (2) in subparagraph (B)(ii), by striking ‘‘for the1 school lunch program under this Act or the school2 breakfast program under section 4 of the Child Nu-3 trition Act of 1966 (42 U.S.C. 1773).’’ and inserting4 the following: ‘‘for—5 ‘‘(I) the school lunch program6 under this Act, including any snacks7 served under that program;8 ‘‘(II) the special milk program9 under section 3 of the Child Nutrition10 Act of 1966 (42 U.S.C. 1772); or11 ‘‘(III) the school breakfast pro-12 gram under section 4 of the Child Nu-13 trition Act of 1966 (42 U.S.C.14 1773).’’; and15 (3) by adding at the end the following:16 ‘‘(C) WAIVER.—17 ‘‘(i) WAIVER REQUEST.—Except as18 provided in clause (ii), in order to purchase19 foreign commodities or products, a school20 food authority shall request from the Sec-21 retary a waiver of subparagraph (A).22 ‘‘(ii) EXCEPTION.—A school food au-23 thority may purchase foreign commodities24 or products without a waiver under clause25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •S 4995 IS (i) if the commodities or products are1 not—2 ‘‘(I) produced domestically; or3 ‘‘(II) available domestically.4 ‘‘(iii) REQUIREMENTS.—The Sec-5 retary may not provide a waiver to pur-6 chase foreign commodities or products7 under clause (i) unless—8 ‘‘(I) the commodities or prod-9 ucts—10 ‘‘(aa) are not produced do-11 mestically in sufficient amounts12 or of satisfactory quality; and13 ‘‘(bb) if purchased domesti-14 cally, would be significantly high-15 er in price than such foreign16 commodities or products; and17 ‘‘(II) the school enters into an18 agreement under clause (iv).19 ‘‘(iv) AGREEMENT.—The Secretary20 may not provide a waiver under clause (i)21 unless the school food authority requesting22 the waiver agrees—23 ‘‘(I) not later than 30 days after24 receiving the waiver, to make the25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 14 •S 4995 IS waiver publicly available on the1 website of the school food authority;2 and3 ‘‘(II) not less than once each4 school year, to email a notification of5 all waivers to parents or guardians of6 students who will be served the for-7 eign commodity or product purchased8 pursuant to any waivers.’’.9 (b) DEFINITION OF FOREIGN COMMODITY.—Section10 12(n) of the Richard B. Russell National School Lunch11 Act (42 U.S.C. 1760(n)) is amended by striking para-12 graph (1) and inserting the following:13 ‘‘(1) DEFINITIONS.—In this subsection:14 ‘‘(A) DOMESTIC COMMODITY OR PROD-15 UCT.—The term ‘domestic commodity or prod-16 uct’ means—17 ‘‘(i) an agricultural commodity that is18 produced in the United States; and19 ‘‘(ii) a food product that is processed20 in the United States substantially using21 agricultural commodities that are produced22 in the United States.23 ‘‘(B) FOREIGN COMMODITY OR PROD-24 UCT.—The term ‘foreign commodity or product’25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 15 •S 4995 IS means a commodity or product other than a do-1 mestic commodity or product.’’.2 (c) CONFORMING AMENDMENTS.—Section 12(n) of3 the Richard B. Russell National School Lunch Act (424 U.S.C. 1760(n)) is amended—5 (1) in paragraph (3), by striking ‘‘Paragraph6 (2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C)7 of paragraph (2)’’; and8 (2) in paragraph (4), by striking ‘‘Paragraph9 (2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C)10 of paragraph (2)’’.11 (d) RULE OF CONSTRUCTION.—Nothing in this sec-12 tion or the amendments made by this section affects the13 requirements under section 4207 of the Agriculture Im-14 provement Act of 2018 (42 U.S.C. 1760 note; Public Law15 115–334).16 SEC. 106. AUTHORIZATION OF LOCAL FOOD PURCHASE AS-17 SISTANCE COOPERATIVE AGREEMENT PRO-18 GRAM.19 There is authorized to be appropriated to carry out20 the local food purchase assistance cooperative agreement21 program established pursuant to section 1001 of the22 American Rescue Plan Act of 2021 (7 U.S.C. 7501 note;23 Public Law 117–2) $400,000,000 for fiscal year 2026 and24 each fiscal year thereafter.25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 16 •S 4995 IS SEC. 107. REPORT REGARDING GRANT RECIPIENTS.1 Not later than 180 days after the date of enactment2 of this Act and annually thereafter, the Secretary of Agri-3 culture shall submit to Congress and make publicly avail-4 able on the website of the Department of Agriculture an5 easily navigable report that, with respect to the preceding6 year, specifies each organization, farm, individual, or other7 entity that received funding (including through a contract,8 subcontract, subsidy, loan, or grant) from the Secretary9 of Agriculture during that year.10 TITLE II—PROTECTING AMER-11 ICA’S MEATPACKING WORK-12 ERS13 SEC. 201. FINDINGS.14 Congress finds that—15 (1) meat and poultry slaughter and processing16 is a particularly dangerous occupation, with meat17 and poultry processing workers suffering injuries at18 measurably higher rates than workers in other pri-19 vate sector industries;20 (2) meat and poultry processing workers face21 double the rate of amputations as the average work-22 er in private industry, and injuries such as sprains,23 lacerations, and contusions are common among poul-24 try workers;25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 17 •S 4995 IS (3) meat and poultry processing workers suffer1 from musculoskeletal injuries, such as carpal tunnel2 syndrome, ‘‘trigger finger’’, tendinitis, rotator cuff3 injuries, lower back injuries, and chronic pain and4 numbness, in numbers that can exceed 50 percent of5 workers;6 (4) higher line speeds in meat and poultry proc-7 essing facilities is a recognized risk factor that leads8 to increased risk of both laceration and musculo-9 skeletal injuries; and10 (5) meat and poultry processing workers are11 subjected to exploitative conditions and abusive be-12 havior by employers—13 (A) including—14 (i) use of abusive and humiliating15 shouting by supervisors accusing workers16 of not working fast enough and harassing17 them to work ‘‘faster’’ and ‘‘harder’’;18 (ii) use of sexualized language to har-19 ass women workers to work ‘‘harder’’ and20 ‘‘faster’’;21 (iii) patterns of direct sexual harass-22 ment and incidents of sexual assault; and23 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 18 •S 4995 IS (iv) little or no accountability or re-1 dress for emotional, sexualized, or psycho-2 logical abuse due to—3 (I) weak enforcement of, and4 noncompliance with, discrimination5 protections; and6 (II) meat and poultry processing7 workers not reporting the abuse due8 to fear of receiving more abuse, hav-9 ing their employment terminated, or10 being reported to immigration en-11 forcement; and12 (B) that lead to long-term psychological13 impacts, including increased feelings of anger14 and stress by workers pressured to work faster15 and more aggressively to slaughter animals on16 killing lines.17 SEC. 202. DEFINITIONS.18 In this title:19 (1) COVERED ESTABLISHMENT.—The term20 ‘‘covered establishment’’ means—21 (A) an official establishment (as defined in22 section 301.2 of title 9, Code of Federal Regu-23 lations (or successor regulations)) that is sub-24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 19 •S 4995 IS ject to inspection under the Federal Meat In-1 spection Act (21 U.S.C. 601 et seq.); and2 (B) an official establishment (as defined in3 section 381.1(b) of title 9, Code of Federal4 Regulations (or successor regulations)) that is5 subject to inspection under the Poultry Prod-6 ucts Inspection Act (21 U.S.C. 451 et seq.).7 (2) EMPLOYEE; EMPLOYER.—Unless otherwise8 specified, the terms ‘‘employee’’ and ‘‘employer’’9 have the meanings given those terms in section 3 of10 the Occupational Safety and Health Act of 1970 (2911 U.S.C. 652).12 Subtitle A—Reforms to Protect13 Meat and Poultry Processing14 Workers15 PART I—DEPARTMENT OF AGRICULTURE16 SEC. 211. RULE ON INCREASED LINE SPEEDS AT MEAT AND17 POULTRY ESTABLISHMENTS.18 (a) DEFINITIONS.—In this section:19 (1) ADMINISTRATOR.—The term ‘‘Adminis-20 trator’’ means the Administrator of the Service.21 (2) ASSISTANT SECRETARY.—The term ‘‘Assist-22 ant Secretary’’ means the Assistant Secretary of23 Labor for Occupational Safety and Health.24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 20 •S 4995 IS (3) DIRECTOR.—The term ‘‘Director’’ means1 the Director of the National Institute for Occupa-2 tional Safety and Health.3 (4) SECRETARY.—The term ‘‘Secretary’’ means4 the Secretary of Agriculture.5 (5) SERVICE.—The term ‘‘Service’’ means the6 Food Safety Inspection Service.7 (b) RULE ON WAIVERS.—8 (1) IN GENERAL.—Notwithstanding any other9 provision of law (including regulations, including10 sections 303.1(h) and 381.3(b) of title 9, Code of11 Federal Regulations (or successor regulations)), the12 Secretary, acting through the Administrator, shall13 not issue a waiver under those regulations relating14 to line speeds that would result in higher line speeds15 at a covered establishment or inspection staffing re-16 quirements for a covered establishment unless the17 covered establishment—18 (A) agrees to an inspection conducted by19 the Assistant Secretary or the Director for the20 purposes of the waiver; and21 (B) the Assistant Secretary or the Director22 certifies to the Secretary that any increases in23 line speed at the covered establishment would24 not have an adverse impact on worker safety.25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 21 •S 4995 IS (2) INSPECTIONS.—An inspection conducted by1 the Assistant Secretary or the Director under para-2 graph (1)(A) shall include—3 (A) an ergonomic analysis of all jobs in the4 applicable covered establishment that may expe-5 rience an increased work pace due to increasing6 the number of animals being slaughtered—7 (i) per minute; and8 (ii) per hour;9 (B) an assessment of the current rates of10 musculoskeletal disorders in the covered estab-11 lishment;12 (C) a review of current efforts at the cov-13 ered establishment to mitigate the disorders re-14 ferred to in subparagraph (B), including a re-15 view of how medical personnel at the covered16 establishment manage those disorders; and17 (D) a review of the impact of any proposed18 line speed increases on the pace of work for19 workers on the slaughter and production lines20 of the covered establishment (including the21 workers that package the meat).22 (3) LIMITATION ON AUTHORITY OVER LINE23 SPEEDS.—None of the funds made available to the24 Secretary on or after the date of enactment of this25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 22 •S 4995 IS Act may be used to develop, propose, finalize, issue,1 amend, or implement any policy, regulation, direc-2 tive, constituent update, or any other agency pro-3 gram that would increase line speeds at covered es-4 tablishments.5 (4) EFFECT ON STATE LAW.—6 (A) IN GENERAL.—This subsection shall7 not preempt or limit any law or regulation of a8 State or a political subdivision of a State that—9 (i) imposes requirements that are10 more protective of worker safety or animal11 welfare than the requirements of this sub-12 section; or13 (ii) creates penalties for conduct regu-14 lated by this subsection.15 (B) OTHER LAWS.—The requirements of16 this subsection are in addition to, and not in17 lieu of, any other laws protecting worker safety18 and animal welfare.19 (c) TRANSPARENCY IN RULEMAKING.—With respect20 to each rulemaking proceeding initiated by the Adminis-21 trator on or after the date of enactment of this Act, the22 Administrator shall comply with—23 (1) the data quality guidelines of the Service,24 which state that the Service and the offices of the25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 23 •S 4995 IS Service are held to a standard of transparency to en-1 sure that the information shared by the Service is2 presented in an accurate, reliable, and unbiased3 manner; and4 (2) Executive Order 13563 (5 U.S.C. 601 note;5 relating to improving regulation and regulatory re-6 view), which requires Federal agencies to provide7 timely online access to relevant scientific information8 in an open format that can easily be searched and9 downloaded during a proposed rulemaking.10 (d) EVALUATION OF RULEMAKING AND POLICIES.—11 In evaluating the impact of any rulemaking or policy, the12 Secretary shall request that the Director conduct an eval-13 uation of the rulemaking or policy that includes a review14 of—15 (1) current safety conditions and injuries and16 illnesses at the applicable covered establishments, in-17 cluding medical exams and medical histories;18 (2) whether the policy proposals will increase19 the pace of work for any employee at the applicable20 covered establishments; and21 (3) whether, and the extent to which, the policy22 proposals will impact worker safety.23 (e) REPORT ON IMPLEMENTATION OF RULES.—24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 24 •S 4995 IS (1) IN GENERAL.—Not later than 1 year after1 the implementation of any rule relating to line2 speeds at covered establishments, the Secretary shall3 submit to Congress a report on the impact of the4 rule on—5 (A) line speeds at covered establishments;6 (B) worker safety and health at covered es-7 tablishments;8 (C) ergonomic aspects of jobs at covered9 establishments; and10 (D) staffing levels that will ensure worker11 safety at covered establishments.12 (2) REQUIREMENT.—A report under paragraph13 (1) shall include—14 (A) the results of a study carried out by an15 industrial engineer on every type of job at cov-16 ered establishments impacted by the applicable17 rule;18 (B) a determination of the industrial engi-19 neer of the number of workers needed—20 (i) to do each job safely; and21 (ii) to operate the covered establish-22 ment at different line speeds; and23 (C) a job crewing report prepared by the24 industrial engineer.25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 25 •S 4995 IS PART II—FAIR ATTENDANCE POLICIES1 SEC. 221. DEFINITIONS.2 In this part:3 (1) COVERED ENTITY.—The term ‘‘covered en-4 tity’’—5 (A) means a respondent, as defined in sec-6 tion 701(n) of the Civil Rights Act of 1964 (427 U.S.C. 2000e(n)); and8 (B) notwithstanding subparagraph (A) in-9 cludes—10 (i) an employing office, as defined in11 section 101 of the Congressional Account-12 ability Act of 1995 (2 U.S.C. 1301);13 (ii) an employing office, as defined in14 section 411(c) of title 3, United States15 Code;16 (iii) an entity employing a State em-17 ployee described in section 304(a) of the18 Government Employee Rights Act of 199119 (42 U.S.C. 2000e–16c(a)); and20 (iv) an entity to which section 717(a)21 of the Civil Rights Act of 1964 (42 U.S.C.22 2000e–16(a)) applies.23 (2) EMPLOYEE.—The term ‘‘employee’’24 means—25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 26 •S 4995 IS (A) an employee (including an applicant),1 as defined in section 701(f) of the Civil Rights2 Act of 1964 (42 U.S.C. 2000e(f));3 (B) a covered employee (including an ap-4 plicant), as defined in section 101 of the Con-5 gressional Accountability Act of 1995 (2 U.S.C.6 1301);7 (C) a covered employee (including an appli-8 cant), as defined in section 411(c) of title 3,9 United States Code;10 (D) a State employee (including an appli-11 cant) described in section 304(a) of the Govern-12 ment Employee Rights Act of 1991 (42 U.S.C.13 2000e–16c(a)); or14 (E) an employee (including an applicant)15 to which section 717(a) of the Civil Rights Act16 of 1964 (42 U.S.C. 2000e–16(a)) applies.17 (3) LEGALLY PROTECTED LEAVE.—The term18 ‘‘legally protected leave’’, when used with respect to19 an employee, means leave that is protected under a20 Federal, State, or local law applicable to the em-21 ployee.22 (4) NO FAULT ATTENDANCE POLICY.—The23 term ‘‘no fault attendance policy’’ means a policy (or24 pattern and practice) maintained by a covered entity25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 27 •S 4995 IS under which employees face consequences for any1 absence, tardy, or early departure through the as-2 sessment of points (also referred to as ‘‘demerits’’ or3 ‘‘occurrences’’) or deductions from an allotted bank4 of time, and those points or deductions subject the5 employee to progressive disciplinary action, which6 may include failure to receive a promotion, loss of7 pay, or termination.8 (5) PERSON.—The term ‘‘person’’ has the9 meaning given such term in section 701(a) of the10 Civil Rights Act of 1964 (42 U.S.C. 2000e(a)).11 (6) SECRETARY.—The term ‘‘Secretary’’ means12 the Secretary of Labor.13 SEC. 222. REQUIREMENTS FOR EMPLOYERS RELATING TO14 NO FAULT ATTENDANCE POLICIES OR AT-15 TENDANCE SYSTEMS.16 (a) REQUIREMENTS FOR NO FAULT ATTENDANCE17 POLICY.—It shall be considered an unlawful employment18 practice for a covered entity to maintain a no fault attend-19 ance policy, unless the covered entity complies with the20 following:21 (1) The no fault attendance policy shall be dis-22 tributed in writing (and be made available in the pri-23 mary language of the employee receiving the pol-24 icy)—25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 28 •S 4995 IS (A) not later than 90 days after the date1 of enactment of this Act, to each employee em-2 ployed by the covered entity as of that date of3 distribution; and4 (B) with respect to each employee hired by5 the covered entity after such date of enactment,6 upon the commencement of the employee’s em-7 ployment.8 (2) If any changes are made to the no fault at-9 tendance policy, the no fault attendance policy shall10 be distributed to all employees in writing (and be11 made available in the primary language of the em-12 ployees), by not later than 30 days after the date of13 the changes.14 (3) The covered entity shall provide employees15 with a means of accessing the no fault attendance16 policy at any physical workplace, and outside of a17 physical workplace, in an accessible location.18 (4) The no fault attendance policy shall explic-19 itly state that employees will not face disciplinary20 action or other adverse consequences, which may in-21 clude the assessment of points or a deduction from22 an allotted bank of time, for legally protected leave.23 (5) The no fault attendance policy shall specifi-24 cally reference and provide a reasonable amount of25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 29 •S 4995 IS detail about all Federal, State, and local laws appli-1 cable to the employees that provide legally protected2 leave, including the Americans with Disabilities Act3 of 1990 (42 U.S.C. 12101 et seq.), the Family and4 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.),5 and chapter 43 of title 38, United States Code.6 (6) The no fault attendance policy shall identify7 a process for employees to complete each of the fol-8 lowing:9 (A) Report that an absence is for legally10 protected leave.11 (B) Provide medical documentation, if it is12 required under the no fault attendance policy in13 order to avoid disciplinary action or other ad-14 verse consequences for legally protected leave.15 (C) Seek removal of points that an em-16 ployee believes were wrongly assessed, or the17 restoration of time that an employee believes18 was wrongly deducted for legally protected19 leave.20 (D) Delay the reporting of an absence in21 unforeseen or emergency circumstances without22 incurring additional points or discipline.23 (b) REQUIREMENTS FOR ATTENDANCE SYSTEMS.—24 It shall be an unlawful employment practice for a covered25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 30 •S 4995 IS entity to maintain any attendance system policy, or pat-1 tern and practice, that discourages employees from exer-2 cising, or attempting to exercise, any right to legally pro-3 tected leave.4 SEC. 223. REMEDIES AND ENFORCEMENT.5 (a) CIVIL ACTION.—The powers, remedies, and pro-6 cedures provided in section 107 of the Family and Medical7 Leave Act of 1993 (29 U.S.C. 2617) shall be the powers,8 remedies, and procedures this part provides to any person9 alleging an unlawful employment practice described in sec-10 tion 222.11 (b) PENALTIES.—Any covered entity that commits an12 unlawful employment practice described in section 22213 shall be subject to a civil penalty not to exceed the14 amounts under section 17(a) of the Occupational Safety15 and Health Act of 1970 (29 U.S.C. 666(a)), as adjusted16 annually for inflation. The Secretary may bring any legal17 action necessary, including administrative action, to collect18 such penalties.19 SEC. 224. RULEMAKING.20 Not later than 2 years after the date of enactment21 of this Act, the Secretary, in coordination with the Equal22 Employment Opportunity Commission and the heads of23 other relevant Federal agencies, shall issue regulations in24 an accessible format in accordance with subchapter II of25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 31 •S 4995 IS chapter 5 of title 5, United States Code, to carry out this1 part. Such regulations shall provide an example of a model2 no fault attendance policy that conforms to the require-3 ments of this part.4 SEC. 225. RELATIONSHIP TO OTHER LAWS.5 Nothing in this part shall be construed to invalidate6 or limit the powers, remedies, and procedures under any7 Federal law or law of any State or political subdivision8 of any State or jurisdiction that provide legally protected9 leave.10 PART III—OCCUPATIONAL SAFETY AND HEALTH11 ADMINISTRATION REFORMS12 SEC. 231. DEFINITIONS.13 In this part, the terms ‘‘Secretary’’ and ‘‘State’’ have14 the meanings given such terms in section 3 of the Occupa-15 tional Safety and Health Act of 1970 (29 U.S.C. 652).16 SEC. 232. ENSURING COMPLIANCE WITH EMPLOYEE17 RIGHTS TO USE TOILET FACILITIES AT COV-18 ERED ESTABLISHMENTS.19 (a) IN GENERAL.—During any inspection of a cov-20 ered establishment conducted pursuant to section 8 of the21 Occupational Safety and Health Act of 1970 (29 U.S.C.22 657), the Secretary shall verify that the employer of em-23 ployees working at such establishment is in compliance24 with the occupational safety and health standard set forth25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 32 •S 4995 IS in section 1910.141 of title 29, Code of Federal Regula-1 tions, as in effect on the day before the date of enactment2 of this Act, for employers to provide prompt access for3 employees to visit and use toilet facilities, including such4 standard as interpreted by the memorandum for regional5 administrators and State designees regarding ‘‘Interpreta-6 tion of 29 CFR. 1910.141(c)(1)(i): Toilet Facilities’’7 issued by the Occupational Safety and Health Administra-8 tion on April 6, 1998, and any successor regulation.9 (b) REQUIREMENTS.—In carrying out subsection (a),10 the Secretary shall verify that the employer described in11 such subsection—12 (1) allows employees to leave their work loca-13 tions to use a toilet facility when needed and without14 punishment;15 (2) provides an adequate number of toilet facili-16 ties for the size of the workforce to prevent long17 lines;18 (3) avoids imposing unreasonable restrictions19 including waiting lists on the use of toilet facilities;20 (4) ensures that restrictions, such as locking21 doors or requiring employees to sign out a key, do22 not cause extended delays in access to toilet facili-23 ties; and24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 33 •S 4995 IS (5) compensates each employee for breaks for1 using toilet facilities at the regular rate of pay of the2 employee in accordance with section 785.18 of title3 29, Code of Federal Regulations, as in effect on the4 day before the date of enactment of this Act, and5 any other applicable Federal, State, or local law.6 SEC. 233. OCCUPATIONAL SAFETY AND HEALTH STAND-7 ARDS TO PROTECT EMPLOYEES IN COVERED8 ESTABLISHMENTS.9 (a) STANDARD FOR PROTECTING EMPLOYEES FROM10 OCCUPATIONAL RISK FACTORS CAUSING MUSCULO-11 SKELETAL DISORDERS.—12 (1) PROPOSED STANDARD.—Not later than 113 year after the date of enactment of this Act, the14 Secretary shall, pursuant to section 6 of the Occupa-15 tional Safety and Health Act of 1970 (29 U.S.C.16 655), publish in the Federal Register a proposed17 standard for ergonomic program management for18 covered establishments. Such proposed standard19 shall include requirements for—20 (A) hazard identification and ergonomic21 job evaluations, including requirements for em-22 ployee and authorized employee representative23 participation in such identification;24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 34 •S 4995 IS (B) hazard control, which such require-1 ments rely on the principles of the hierarchy of2 controls and which may include measures such3 as rest breaks, equipment and workstation rede-4 sign, work pace reductions, or job rotation to5 less forceful or repetitive jobs;6 (C) training for employees regarding em-7 ployer activities, occupational risk factors, and8 training on controls and recognition of symp-9 toms of musculoskeletal disorders; and10 (D) medical management that includes—11 (i) encouraging early reporting of12 musculoskeletal disorder symptoms;13 (ii) first aid delivered by those oper-14 ating under State licensing requirements;15 and16 (iii) systematic evaluation and early17 referral for medical attention.18 (2) FINAL STANDARD.—Not later than 3019 months after the date of enactment this Act, the20 Secretary shall, pursuant to section 6 of the Occupa-21 tional Safety and Health Act of 1970 (29 U.S.C.22 655), publish in the Federal Register a final stand-23 ard based on the proposed standard under para-24 graph (1).25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 35 •S 4995 IS (b) STANDARD FOR PROTECTING EMPLOYEES FROM1 DELAYS IN MEDICAL TREATMENT REFERRALS FOL-2 LOWING INJURIES OR ILLNESSES.—3 (1) PROPOSED STANDARD.—Not later than 34 months after the date of enactment of this Act, the5 Secretary shall, pursuant to section 6 of the Occupa-6 tional Safety and Health Act of 1970 (29 U.S.C.7 655), publish in the Federal Register a proposed8 standard requiring that all employers with employees9 working at a covered establishment who, in accord-10 ance with the standard promulgated under section11 1910.151 of title 29, Code of Federal Regulations,12 as in effect on the day before the date of enactment13 of this Act, are required to have a person readily14 available at the establishment who is adequately15 trained to render first aid shall ensure that such16 person—17 (A) without delay, refers any such em-18 ployee who reports an injury or illness that re-19 quires further medical treatment to an appro-20 priate medical professional of the employee’s21 choice for such treatment;22 (B) provides for occupational medicine con-23 sultation services through a physician who is24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 36 •S 4995 IS board certified in occupational medicine, which1 services shall include—2 (i) regular review of any health and3 safety program, medical management pro-4 gram, or ergonomics program of the em-5 ployer;6 (ii) review of any work-related injury7 or illness of an employee;8 (iii) providing onsite health services9 for treatment of such injury or illness; and10 (iv) consultation referral to a local11 health care provider for treating such in-12 jury or illness; and13 (C) complies with the licensing require-14 ments for licensed practical nurses or registered15 nurses in the State in which the establishment16 is located.17 (2) FINAL STANDARD.—Not later than 1 year18 after the date of enactment of this Act, the Sec-19 retary shall, pursuant to section 6 of the Occupa-20 tional Safety and Health Act of 1970 (29 U.S.C.21 655), publish in the Federal Register a final stand-22 ard based on the proposed standard under para-23 graph (1).24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 37 •S 4995 IS (c) AUTHORIZATION OF APPROPRIATIONS.—There1 are authorized to be appropriated $2,000,000 for fiscal2 year 2026 to carry out this section.3 SEC. 234. PERMANENT REGIONAL EMPHASIS INSPECTION4 PROGRAM; EXPANDING INSPECTIONS.5 (a) REGIONAL EMPHASIS INSPECTION PROGRAM.—6 (1) IN GENERAL.—Not later than 30 days after7 the date of enactment of this Act, the Secretary8 shall, pursuant to section 8 of the Occupational9 Safety and Health Act of 1970 (29 U.S.C. 657), im-10 plement a regional emphasis inspection program for11 covered establishments in every State in which a cov-12 ered establishment is located. Such program shall13 cover—14 (A) amputation hazards;15 (B) ergonomics;16 (C) hazards related to line speeds;17 (D) bathroom breaks;18 (E) use of chemicals such as peracetic acid19 (antimicrobials); and20 (F) working conditions in high and low21 temperatures.22 (2) STATE PLANS.—Not later than 30 days23 after the date of enactment of this Act, a State with24 a State plan that has been approved by the Sec-25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 38 •S 4995 IS retary under section 18 of such Act (29 U.S.C. 667)1 shall adopt in each region within the State in which2 a covered establishment is located a regional empha-3 sis inspection program that is at least as effective as4 the program under paragraph (1).5 (b) EXPANDING INSPECTIONS WHEN INFORMATION6 PRESENTS POSSIBLE ADDITIONAL DANGERS.—7 (1) IN GENERAL.—If the Secretary conducts a8 physical inspection of a covered establishment pursu-9 ant to section 8 of such Act in response to a refer-10 ral, complaint, or fatality, and the Secretary, during11 such inspection makes a determination described in12 paragraph (2), the Secretary shall expand such in-13 spection to all areas of the establishment.14 (2) DETERMINATION.—A determination de-15 scribed in this paragraph is either of the following:16 (A) A determination, following a review of17 records of work-related injuries and illnesses18 maintained in accordance with such section 8,19 that a work-related injury or illness may be re-20 lated to a workplace danger that may threaten21 physical harm.22 (B) A determination, upon interviews with23 employees, that a workplace danger may threat-24 en physical harm.25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 39 •S 4995 IS SEC. 235. REPRESENTATIVES DURING PHYSICAL INSPEC-1 TIONS.2 (a) PROPOSED RULE.—Not later than 1 year after3 the date of enactment of this Act, the Secretary shall,4 under section 8(e) of the Occupational Safety and Health5 Act of 1970 (29 U.S.C. 657(e)), publish in the Federal6 Register a regulation providing that during a physical in-7 spection of a covered establishment under such section—8 (1) the representative authorized by employees9 to be given the opportunity to accompany the Sec-10 retary during the inspection as described in such11 section shall not be required to be an employee of12 the employer;13 (2) where there is no representative authorized14 by employees as described in paragraph (1), the em-15 ployees may designate a person affiliated with a16 worker-based community organization to serve as17 such representative; and18 (3) the inspector may arrange for interviews19 with employees off-site upon the request of the rep-20 resentative or designated person.21 (b) FINAL RULE.—Not later than 2 years after the22 date of enactment of this Act, the Secretary shall publish23 in the Federal Register a final rule for the proposed rule24 under subsection (a).25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 40 •S 4995 IS SEC. 236. ENHANCED PROTECTIONS FROM RETALIATION.1 (a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the2 Occupational Safety and Health Act of 1970 (29 U.S.C.3 660(c)(1)) is amended—4 (1) by striking ‘‘discharge’’ and all that follows5 through ‘‘because such’’ and inserting the following:6 ‘‘discharge or cause to be discharged, or in any7 other manner retaliate or discriminate against or8 cause to be retaliated or discriminated against, any9 employee because—10 ‘‘(A) such’’;11 (2) by striking ‘‘this Act or has’’ and inserting12 the following: ‘‘this Act;13 ‘‘(B) such employee has’’;14 (3) by striking ‘‘in any such proceeding or be-15 cause of the exercise’’ and inserting the following:16 ‘‘before Congress or in any Federal or State pro-17 ceeding related to safety or health;18 ‘‘(C) such employee has refused to violate19 any provision of this Act; or20 ‘‘(D) of the exercise’’; and21 (4) by inserting before the period at the end the22 following: ‘‘, including the reporting of any injury,23 illness, or unsafe condition to the employer, agent of24 the employer, safety and health committee involved,25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 41 •S 4995 IS or employee safety and health representative in-1 volved’’.2 (b) PROHIBITION OF RETALIATION; PROCEDURE.—3 Section 11 of such Act (29 U.S.C. 660) is amended—4 (1) in subsection (c)—5 (A) in paragraph (2)—6 (i) by striking ‘‘discharged or other-7 wise discriminated against by any person8 in violation of this subsection’’ and insert-9 ing ‘‘aggrieved by a violation of this sub-10 section’’; and11 (ii) by striking ‘‘such discrimination’’12 and inserting ‘‘such violation’’; and13 (B) by adding at the end the following:14 ‘‘(4) EXCEPTION FOR MEAT AND POULTRY ES-15 TABLISHMENTS.—Paragraphs (2) and (3) shall not16 apply with respect to a complaint filed by an em-17 ployee of an employer that is a covered establish-18 ment, as defined in section 202 of the Agricultural19 Worker Justice Act.’’; and20 (2) by adding at the end the following:21 ‘‘(d) MEAT AND POULTRY ESTABLISHMENTS.—22 ‘‘(1) DEFINITIONS.—In this subsection:23 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 42 •S 4995 IS ‘‘(A) COMPLAINANT.—The term ‘complain-1 ant’ means a complainant who is a covered em-2 ployee.3 ‘‘(B) COVERED EMPLOYEE.—The term4 ‘covered employee’ means an employee of a cov-5 ered employer.6 ‘‘(C) COVERED EMPLOYER.—The term7 ‘covered employer’ means an employer that is a8 covered establishment, as defined in section 2029 of the Agricultural Worker Justice Act.10 ‘‘(D) RESPONDENT.—The term ‘respond-11 ent’ means a respondent who is a covered em-12 ployer.13 ‘‘(2) REASONABLE APPREHENSION.—No person14 shall discharge, or cause to be discharged, or in any15 other manner retaliate or discriminate against, or16 cause to be retaliated or discriminated against, a17 covered employee for refusing to perform the covered18 employee’s duties if—19 ‘‘(A) the covered employee has a reason-20 able apprehension that performing such duties21 would result in serious injury to, or serious im-22 pairment of the health of, the covered employee23 or other covered employees; and24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 43 •S 4995 IS ‘‘(B) when practicable, the covered em-1 ployee has communicated or attempted to com-2 municate such reasonable apprehension to the3 covered employer and has not received from the4 covered employer a response reasonably cal-5 culated to allay such apprehension.6 ‘‘(3) COMPLAINT.—Any covered employee who7 believes that the covered employee has been dis-8 charged, disciplined, or otherwise retaliated or dis-9 criminated against by any person in violation of sub-10 section (c)(1) or paragraph (2) of this subsection11 may seek relief for such violation by filing a com-12 plaint with the Secretary under paragraph (5).13 ‘‘(4) STATUTE OF LIMITATIONS.—14 ‘‘(A) IN GENERAL.—A covered employee15 may take the action permitted by paragraph (3)16 not later than 180 days after the later of—17 ‘‘(i) the date on which an alleged vio-18 lation of subsection (c)(1) or paragraph (2)19 of this subsection occurs; or20 ‘‘(ii) the date on which the covered21 employee knows or should reasonably have22 known that such alleged violation occurred.23 ‘‘(B) REPEAT VIOLATION.—Except in24 cases when the covered employee has been dis-25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 44 •S 4995 IS charged, a violation of subsection (c)(1) or1 paragraph (2) of this subsection shall be consid-2 ered to have occurred on the last date an al-3 leged repeat violation occurred.4 ‘‘(5) INVESTIGATION.—5 ‘‘(A) IN GENERAL.—A covered employee6 may, within the time period required under7 paragraph (4)(A), file a complaint with the Sec-8 retary alleging a violation of subsection (c)(1)9 or paragraph (2) of this subsection. If the com-10 plaint alleges a prima facie case, the Secretary11 shall conduct an investigation of the allegations12 in the complaint, which—13 ‘‘(i) shall include—14 ‘‘(I) interviewing the complain-15 ant;16 ‘‘(II) providing the respondent an17 opportunity to—18 ‘‘(aa) submit to the Sec-19 retary a written response to the20 complaint; and21 ‘‘(bb) meet with the Sec-22 retary to present statements from23 witnesses or provide evidence;24 and25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 45 •S 4995 IS ‘‘(III) providing the complainant1 an opportunity to—2 ‘‘(aa) receive any statements3 or evidence provided to the Sec-4 retary;5 ‘‘(bb) meet with the Sec-6 retary; and7 ‘‘(cc) rebut any statements8 or evidence; and9 ‘‘(ii) may include issuing subpoenas10 for the purposes of such investigation.11 ‘‘(B) DECISION.—Not later than 90 days12 after the filing of the complaint under this13 paragraph, the Secretary shall—14 ‘‘(i) determine whether reasonable15 cause exists to believe that a violation of16 subsection (c)(1) or paragraph (2) of this17 subsection has occurred; and18 ‘‘(ii) issue a decision granting or de-19 nying relief.20 ‘‘(6) PRELIMINARY ORDER FOLLOWING INVES-21 TIGATION.—If, after completion of an investigation22 under paragraph (5)(A), the Secretary finds reason-23 able cause to believe that a violation of subsection24 (c)(1) or paragraph (2) of this subsection has oc-25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 46 •S 4995 IS curred, the Secretary shall issue a preliminary order1 providing relief authorized under paragraph (14) at2 the same time the Secretary issues a decision under3 paragraph (5)(B). If a de novo hearing is not re-4 quested within the time period required under para-5 graph (7)(A)(i), such preliminary order shall be6 deemed a final order of the Secretary and is not7 subject to judicial review.8 ‘‘(7) HEARING.—9 ‘‘(A) REQUEST FOR HEARING.—10 ‘‘(i) IN GENERAL.—A de novo hearing11 on the record before an administrative law12 judge may be requested—13 ‘‘(I) by the complainant or re-14 spondent within 30 days after receiv-15 ing notification of a decision granting16 or denying relief issued under para-17 graph (5)(B) or a preliminary order18 under paragraph (6), respectively;19 ‘‘(II) by the complainant within20 30 days after the date the complaint21 is dismissed without investigation by22 the Secretary under paragraph (5)(A);23 or24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 47 •S 4995 IS ‘‘(III) by the complainant within1 120 days after the date of filing the2 complaint under paragraph (5), if the3 Secretary has not issued a decision4 under paragraph (5)(B).5 ‘‘(ii) REINSTATEMENT ORDER.—The6 request for a hearing shall not operate to7 stay any preliminary reinstatement order8 issued under paragraph (6).9 ‘‘(B) PROCEDURES.—10 ‘‘(i) IN GENERAL.—A hearing re-11 quested under this paragraph shall be con-12 ducted expeditiously and in accordance13 with rules established by the Secretary for14 hearings conducted by administrative law15 judges.16 ‘‘(ii) SUBPOENAS; PRODUCTION OF17 EVIDENCE.—In conducting any such hear-18 ing, the administrative law judge may issue19 subpoenas. The respondent or complainant20 may request the issuance of subpoenas21 that require the deposition of, or the at-22 tendance and testimony of, witnesses and23 the production of any evidence (including24 any books, papers, documents, or record-25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 48 •S 4995 IS ings) relating to the matter under consid-1 eration.2 ‘‘(iii) DECISION.—The administrative3 law judge shall issue a decision not later4 than 90 days after the date on which a5 hearing was requested under this para-6 graph and promptly notify, in writing, the7 parties and the Secretary of such decision,8 including the findings of fact and conclu-9 sions of law. If the administrative law10 judge finds that a violation of subsection11 (c)(1) or paragraph (2) of this subsection12 has occurred, the judge shall issue an13 order for relief under paragraph (14). If14 review under paragraph (8) is not timely15 requested, such order shall be deemed a16 final order of the Secretary that is not sub-17 ject to judicial review.18 ‘‘(8) ADMINISTRATIVE APPEAL.—19 ‘‘(A) IN GENERAL.—Not later than 3020 days after the date of notification of a decision21 and order issued by an administrative law judge22 under paragraph (7), the complainant or re-23 spondent may file, with objections, an adminis-24 trative appeal with an administrative review25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 49 •S 4995 IS body designated by the Secretary (referred to in1 this paragraph as the ‘review board’).2 ‘‘(B) STANDARD OF REVIEW.—In review-3 ing the decision and order of the administrative4 law judge, the review board shall affirm the de-5 cision and order if it is determined that the fac-6 tual findings set forth therein are supported by7 substantial evidence and the decision and order8 are made in accordance with applicable law.9 ‘‘(C) DECISIONS.—If the review board10 grants an administrative appeal, the review11 board shall issue a final decision and order af-12 firming or reversing, in whole or in part, the13 decision under review by not later than 90 days14 after receipt of the administrative appeal. If it15 is determined that a violation of subsection16 (c)(1) or paragraph (2) of this subsection has17 occurred, the review board shall issue a final18 decision and order providing relief authorized19 under paragraph (14). Such decision and order20 shall constitute final agency action with respect21 to the matter appealed.22 ‘‘(9) SETTLEMENT IN THE ADMINISTRATIVE23 PROCESS.—24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 50 •S 4995 IS ‘‘(A) IN GENERAL.—At any time before1 issuance of a final order, an investigation or2 proceeding under this subsection may be termi-3 nated on the basis of a settlement agreement4 entered into by the parties.5 ‘‘(B) PUBLIC POLICY CONSIDERATIONS.—6 Neither the Secretary, an administrative law7 judge, nor the review board conducting a hear-8 ing under this subsection shall accept a settle-9 ment that contains conditions conflicting with10 the rights protected under this Act or that are11 contrary to public policy, including a restriction12 on a complainant’s right to future employment13 with employers other than the specific covered14 employers named in a complaint.15 ‘‘(10) INACTION BY THE REVIEW BOARD OR AD-16 MINISTRATIVE LAW JUDGE.—17 ‘‘(A) IN GENERAL.—The complainant may18 bring a de novo action described in subpara-19 graph (B) if—20 ‘‘(i) an administrative law judge has21 not issued a decision and order within the22 90-day time period required under para-23 graph (7)(B)(iii); or24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 51 •S 4995 IS ‘‘(ii) the review board has not issued1 a decision and order within the 90-day2 time period required under paragraph3 (8)(C).4 ‘‘(B) DE NOVO ACTION.—Such de novo ac-5 tion may be brought at law or equity in the6 United States district court for the district7 where a violation of subsection (c)(1) or para-8 graph (2) of this subsection allegedly occurred9 or where the complainant resided on the date of10 such alleged violation. The court shall have ju-11 risdiction over such action without regard to the12 amount in controversy and to order appropriate13 relief under paragraph (14). Such action shall,14 at the request of either party to such action, be15 tried by the court with a jury.16 ‘‘(11) JUDICIAL REVIEW.—17 ‘‘(A) TIMELY APPEAL TO THE COURT OF18 APPEALS.—Any party adversely affected or ag-19 grieved by a final decision and order issued20 under this subsection may obtain review of such21 decision and order in the United States Court22 of Appeals for the circuit where the violation,23 with respect to which such final decision and24 order was issued, allegedly occurred or where25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 52 •S 4995 IS the complainant resided on the date of such al-1 leged violation. To obtain such review, a party2 shall file a petition for review not later than 603 days after the final decision and order was4 issued. Such review shall conform to chapter 75 of title 5, United States Code. The commence-6 ment of proceedings under this subparagraph7 shall not, unless ordered by the court, operate8 as a stay of the final decision and order.9 ‘‘(B) LIMITATION ON COLLATERAL AT-10 TACK.—An order and decision with respect to11 which review may be obtained under subpara-12 graph (A) shall not be subject to judicial review13 in any criminal or other civil proceeding.14 ‘‘(12) ENFORCEMENT OF ORDER.—If a re-15 spondent fails to comply with an order issued under16 this subsection, the Secretary or the complainant on17 whose behalf the order was issued may file a civil ac-18 tion for enforcement in the United States district19 court for the district in which the violation was20 found to occur to enforce such order. If both the21 Secretary and the complainant file such action, the22 action of the Secretary shall take precedence. The23 district court shall have jurisdiction to grant all ap-24 propriate relief described in paragraph (14).25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 53 •S 4995 IS ‘‘(13) BURDENS OF PROOF.—1 ‘‘(A) CRITERIA FOR DETERMINATION.—In2 making a determination or adjudicating a com-3 plaint pursuant to this subsection, the Sec-4 retary, administrative law judge, review board,5 or a court may determine that a violation of6 subsection (c)(1) or paragraph (2) of this sub-7 section has occurred only if the complainant8 demonstrates that any conduct described in9 subsection (c)(1) or paragraph (2) of this sub-10 section with respect to the complainant was a11 contributing factor in the adverse action alleged12 in the complaint.13 ‘‘(B) PROHIBITION.—Notwithstanding sub-14 paragraph (A), a decision or order that is favor-15 able to the complainant shall not be issued in16 any administrative or judicial action pursuant17 to this subsection if the respondent dem-18 onstrates by clear and convincing evidence that19 the respondent would have taken the same ad-20 verse action in the absence of such conduct.21 ‘‘(14) RELIEF.—22 ‘‘(A) ORDER FOR RELIEF.—If the Sec-23 retary, administrative law judge, review board,24 or a court determines that a covered employer25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 54 •S 4995 IS has violated subsection (c)(1) or paragraph (2)1 of this subsection, the Secretary, administrative2 law judge, review board, or court, respectively,3 shall have jurisdiction to order all appropriate4 relief, including injunctive relief, and compen-5 satory and exemplary damages, including—6 ‘‘(i) affirmative action to abate the7 violation;8 ‘‘(ii) reinstatement without loss of po-9 sition or seniority, and restoration of the10 terms, rights, conditions, and privileges as-11 sociated with the complainant’s employ-12 ment, including opportunities for pro-13 motions to positions with equivalent or bet-14 ter compensation for which the complain-15 ant is qualified;16 ‘‘(iii) compensatory and consequential17 damages sufficient to make the complain-18 ant whole (including back pay, prejudg-19 ment interest, and other damages); and20 ‘‘(iv) expungement of all warnings,21 reprimands, or derogatory references that22 have been placed in paper or electronic23 records or databases of any type relating24 to the actions by the complainant that25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 55 •S 4995 IS gave rise to the unfavorable personnel ac-1 tion, and, at the complainant’s direction,2 transmission of a copy of the decision on3 the complaint to any person whom the4 complainant reasonably believes may have5 received such unfavorable information.6 ‘‘(B) ATTORNEYS’ FEES AND COSTS.—If7 the Secretary or an administrative law judge,8 review board, or court grants an order for relief9 under subparagraph (A), the Secretary, admin-10 istrative law judge, review board, or court, re-11 spectively, shall assess, at the request of the12 covered employee against the covered em-13 ployer—14 ‘‘(i) reasonable attorneys’ fees; and15 ‘‘(ii) costs (including expert witness16 fees) reasonably incurred, as determined17 by the Secretary, administrative law judge,18 review board, or court, respectively, in con-19 nection with bringing the complaint upon20 which the order was issued.21 ‘‘(15) PROCEDURAL RIGHTS.—The rights and22 remedies provided for in this subsection may not be23 waived by any agreement, policy, form, or condition24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 56 •S 4995 IS of employment, including by any pre-dispute arbitra-1 tion agreement or collective bargaining agreement.2 ‘‘(16) SAVINGS.—Nothing in this subsection3 shall be construed to diminish the rights, privileges,4 or remedies of any covered employee under any Fed-5 eral or State law or common law, or under any col-6 lective bargaining agreement.7 ‘‘(17) ELECTION OF VENUE.—8 ‘‘(A) IN GENERAL.—A covered employee of9 a covered employer who is located in a State10 that has a State plan approved under section11 18 may file a complaint alleging a violation of12 subsection (c)(1) or paragraph (2) of this sub-13 section by such employer with—14 ‘‘(i) the Secretary under paragraph15 (5); or16 ‘‘(ii) a State plan administrator in17 such State.18 ‘‘(B) REFERRALS.—If—19 ‘‘(i) the Secretary receives a complaint20 pursuant to subparagraph (A)(i), the Sec-21 retary shall not refer such complaint to a22 State plan administrator for resolution; or23 ‘‘(ii) a State plan administrator re-24 ceives a complaint pursuant to subpara-25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 57 •S 4995 IS graph (A)(ii), the State plan administrator1 shall not refer such complaint to the Sec-2 retary for resolution.3 ‘‘(18) PRESUMPTION OF RETALIATION.—The4 Secretary shall apply an unrebuttable presumption5 of retaliation in any complaint initiated under para-6 graph (5) in which the Secretary finds a covered em-7 ployee suffers an adverse action within 90 days of8 the date on which the covered employee took any ac-9 tion protected under subsection (c)(1) or raised any10 reasonable apprehension under paragraph (2) of this11 subsection.12 ‘‘(19) SUPPLEMENT AND NOT SUPPLANT.—The13 remedies provided for under this subsection supple-14 ment, and do not supplant, the private right of ac-15 tion under section 240 of the Agricultural Worker16 Justice Act.17 ‘‘(20) DEFINITIONS.—For purposes of this sub-18 section and subsection (c)—19 ‘‘(A) the term ‘retaliate or discriminate20 against’ includes reporting, or threatening to21 report, to a Federal, State, or local authority22 the suspected citizenship or immigration status23 of a covered employee, or of a family member24 of a covered employee, because the covered em-25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 58 •S 4995 IS ployee raises a concern about workplace health1 and safety practices or hazards; and2 ‘‘(B) the term ‘family member’, with re-3 spect to the family member of a covered em-4 ployee, means an individual who—5 ‘‘(i) is related to the covered employee6 by blood, adoption, marriage, or domestic7 partnership; and8 ‘‘(ii) is a significant other, parent, sib-9 ling, child, uncle, aunt, niece, nephew,10 cousin, grandparent, or grandchild of the11 covered employee.’’.12 (c) RELATION TO ENFORCEMENT.—Section 17(j) of13 such Act (29 U.S.C. 666(j)) is amended by inserting be-14 fore the period the following: ‘‘, including the history of15 violations under subsection (c) or (d) of section 11’’.16 SEC. 237. REGULATIONS TO RESTORE A COLUMN ON RE-17 QUIRED RECORDS OF WORK-RELATED MUS-18 CULOSKELETAL DISORDERS.19 Not later than 1 year after the date of enactment20 of this Act, the Secretary shall issue a final rule regarding21 matters pertaining to the proposed rule issued by the Sec-22 retary on January 29, 2010, entitled ‘‘Occupational Injury23 and Illness Recording and Reporting Requirements’’ (7524 Fed. Reg. 4728).25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 59 •S 4995 IS SEC. 238. FUNDING FOR ADDITIONAL OSHA INSPECTORS.1 Out of any amounts in the Treasury not otherwise2 appropriated, there is appropriated $60,000,000 to the3 Secretary for each of fiscal years 2026 through 2031, to4 remain available until expended for—5 (1) the hiring of additional inspectors to carry6 out inspections under section 8 of the Occupational7 Safety and Health Act of 1970 (29 U.S.C. 657); and8 (2) carrying out sections 6, 8, and 11 of the9 Occupational Safety and Health Act of 1970 (2910 U.S.C. 655; 657; and 660), as amended by this Act.11 SEC. 239. OSHA REPORTING.12 (a) DEFINITION OF PANDEMIC.—In this section, the13 term ‘‘pandemic’’ means a public health emergency de-14 clared under section 319 of the Public Health Service Act15 (42 U.S.C. 247d) with respect to a pandemic.16 (b) REPORTING DURING A PANDEMIC.—17 (1) STANDARDIZED REPORTING.—18 (A) IN GENERAL.—The Secretary shall es-19 tablish a standardized process for covered es-20 tablishments to report, on a weekly basis during21 a pandemic, to the Secretary information re-22 garding infections and deaths related to the23 pandemic. Such information shall include—24 (i) the number of employees on a25 weekly and cumulative basis that have con-26 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 60 •S 4995 IS tracted the disease resulting in the pan-1 demic;2 (ii) racial demographics of such em-3 ployees; and4 (iii) the employment status of such5 employees.6 (B) FORM AND PROCEDURES.—Not later7 than 1 year after the date of enactment of this8 Act, or 7 days following a declaration of a pan-9 demic, whichever is sooner, the Secretary shall10 issue reporting procedures described in sub-11 paragraph (A), including forms for such proce-12 dures, for pandemics.13 (2) PUBLIC AVAILABILITY.—The Secretary14 shall make the information reported under para-15 graph (1) available to the public in a manner that16 facilitates public participation, including by making17 such information available on its website in a man-18 ner that maximizes public participation.19 (3) PRIVACY.—A covered establishment, in re-20 porting information to the Secretary under para-21 graph (1), may not claim confidential business infor-22 mation or patient privacy, except that such an estab-23 lishment may withhold the names of workers, as a24 basis to withhold information.25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 61 •S 4995 IS (c) DISCLOSURES TO EMPLOYEES.—A covered estab-1 lishment shall disclose to each employee or individual pro-2 viding work for the employer, including any individual pro-3 viding such work through a contract or subcontract, all4 chemicals used at the worksite where the employee or indi-5 vidual provides such work. Such disclosure shall be pro-6 vided to the employee or individual in the native language7 of the employee or individual.8 SEC. 240. PRIVATE RIGHT OF ACTION.9 (a) IN GENERAL.—Any person aggrieved by the fail-10 ure of a covered establishment to comply with the Occupa-11 tional Safety and Health Act of 1970 (29 U.S.C. 651 et12 seq.), including any regulation promulgated pursuant to13 such Act, or to comply with this subtitle may file suit in14 any district court of the United States having jurisdiction15 of the parties, without respect to the amount in con-16 troversy and without regard to the citizenship of the par-17 ties, or in any other court of competent jurisdiction.18 (b) RIGHT OF RECOVERY.—In an action brought by19 any aggrieved person pursuant to this section, the person20 may recover equitable and legal relief (including compen-21 satory and punitive damages), attorney’s fees (including22 expert fees), and costs of the action.23 (c) ACTION BY THE SECRETARY.—Any administra-24 tive enforcement by the Secretary shall not preclude the25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 62 •S 4995 IS relief afforded by this section or otherwise deprive a court1 of jurisdiction.2 SEC. 241. INJUNCTION PROCEEDINGS.3 Section 13(a) of the Occupational Safety and Health4 Act of 1970 (29 U.S.C. 662(a)) is amended by adding at5 the end the following: ‘‘Any employee (or the representa-6 tive of such employee) at a place of employment subject7 to enforcement under this subsection may unconditionally8 intervene as a matter of right.’’.9 PART IV—SAVINGS PROVISION10 SEC. 251. SAVINGS PROVISION.11 Nothing in this subtitle shall be construed to diminish12 the rights, privileges, or remedies of any employee who ex-13 ercises rights under any Federal or State law or common14 law, or under any collective bargaining agreement.15 Subtitle B—GAO Reports16 SEC. 261. REVIEW AND REPORT ON RACIAL AND ETHNIC17 DISPARITIES IN MEAT AND POULTRY PROC-18 ESSING.19 (a) IN GENERAL.—Not later than 180 days after the20 date of enactment of this Act, the Comptroller General21 of the United States shall carry out, and submit to Con-22 gress, a report on racial and ethnic disparities in the meat23 and poultry processing sector.24 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 63 •S 4995 IS (b) INCLUSIONS.—The report under subsection (a)1 shall contain a review of each of the following:2 (1) The impacts of working in covered estab-3 lishments to individuals working at such establish-4 ments who are employees, temporary workers, incar-5 cerated workers, noncitizen workers admitted to the6 United States as nonimmigrants described in section7 101(a)(15)(H)(ii)(b) of the Immigration and Nation-8 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as ref-9 ugees under section 207 of that Act (8 U.S.C.10 1157), or noncitizen workers who are not lawfully11 present in the United States, including—12 (A) workplace injuries, including repetitive13 musculoskeletal injuries, of those individuals;14 (B) psychological and mental health condi-15 tions of those individuals;16 (C) exposure of those individuals to chemi-17 cals or other potential carcinogens and repro-18 ductive toxins; and19 (D) any physical or mental abuse, includ-20 ing sexual harassment, of those individuals by21 coworkers or managers.22 (2) The racial demographics and use of tem-23 porary workers to outsource the responsibility of24 covered establishments to provide a safe workplace.25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 64 •S 4995 IS (3) The racial demographics and use of incar-1 cerated workers in covered establishments, includ-2 ing—3 (A) the extent to which those workers have4 a choice in working at covered establishments;5 (B) the use of those workers to outsource6 the responsibility of covered establishments to7 provide a safe workplace;8 (C) the use of those workers to outsource9 the responsibility of covered establishments to10 provide fair compensation; and11 (D) the use of those workers by covered es-12 tablishments to externalize employee cost.13 (4) The racial demographics and use of noncit-14 izen workers admitted to the United States as non-15 immigrants described in section 101(a)(15)(H)(ii)(b)16 of the Immigration and Nationality Act (8 U.S.C.17 1101(a)(15)(H)(ii)(b)) or as refugees under section18 207 of that Act (8 U.S.C. 1157) at covered estab-19 lishments, including—20 (A) the extent to which predatory prac-21 tices, such as limiting the ability of those work-22 ers to choose and move between competing or-23 ganizations, are utilized by covered establish-24 ments with respect to those workers;25 VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB 65 •S 4995 IS (B) the extent to which those workers are1 unable to speak out for fear of retaliation; and2 (C) the extent to which there is full trans-3 parency about the nature of employment of4 those workers prior to being hired.5 (5) The racial demographics and use of noncit-6 izen workers who are not lawfully present in the7 United States at covered establishments, including—8 (A) the extent to which those workers are9 unable to speak out for fear of retaliation; and10 (B) whether any collusion between Federal11 immigration offices and covered establishments12 have the effect of intimidating and silencing13 those workers.14 Æ VerDate Sep 11 2014 21:02 Jul 16, 2026 Jkt 069200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6301 E:\BILLS\S4995.IS S4995 kjohnson on DSK7ZCZBW3PROD with $$_JOB

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