,,ii #aaith ,,congress #b;d ,session ,s4 #diie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjbf,mr4 ,welch 7for himself1 ,mr4 ,booker1 ,mr4 ,fetterman1 ,mr4 ,wyden1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide for the protection of agricultural workers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,agricultural ,worker ,justice ,act of #bjbf4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,fair ,,usda ,procurement and ,contracting,sec4 #aja4 ,definitions4,sec4 #ajb4 ,food worker pay increase4,sec4 #ajc4 ,prohibition on stock buybacks while receiving ,,usda funds4,sec4 #ajd4 ,promotion of economic security and workplace accountability4,sec4 #aje4 ,waiver to purchase foreign commodities or products4,sec4 #ajf4 ,authorization of local food purchase assistance cooperative agreement program4,sec4 #ajg4 ,report regarding grant recipients4,,title ,,ii--,protecting ,america's ,meatpacking ,workers,sec4 #bja4 ,findings4,sec4 #bjb4 ,definitions4,subtitle ,a--,reforms to protect meat and poultry processing workers,p,a,r,t ,i--,department of ,agriculture,sec4 #baa4 ,rule on increased line speeds at meat and poultry establishments4,,part ,,ii--,fair ,attendance ,policies,sec4 #bba4 ,definitions4,sec4 #bbb4 ,requirements for employers relating to no fault attendance policies or attendance systems4,sec4 #bbc4 ,remedies and enforcement4,sec4 #bbd4 ,rulemaking4,sec4 #bbe4 ,relationship to other laws4,,part ,,iii--,occupational ,safety and ,health ,administration ,reforms,sec4 #bca4 ,definitions4,sec4 #bcb4 ,ensuring compliance with employee rights to use toilet facilities at covered establishments4,sec4 #bcc4 ,occupational safety and health standards to protect employees in covered establishments4,sec4 #bcd4 ,permanent regional emphasis inspection program2 expanding inspections4,sec4 #bce4 ,representatives during physical inspections4,sec4 #bcf4 ,enhanced protections from retaliation4,sec4 #bcg4 ,regulations to restore a column on required records of work-related musculoskeletal disorders4,sec4 #bch4 ,funding for additional ,,osha inspectors4,sec4 #bci4 ,,osha reporting4,sec4 #bdj4 ,private right of action4,sec4 #bda4 ,injunction proceedings4,,part ,,iv--,savings provision,sec4 #bea4 ,savings provision4,subtitle ,b--,,gao reports,sec4 #bfa4 ,review and report on racial and ethnic disparities in meat and poultry processing4 ,i ,fair ,,usda ,procurement and ,contracting #aja4 ,definitions ,in this title3 7#a7 ,meat ,the term meat means meat 7within the meaning of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq4774 7#b7 ,meat food product ,the term meat food product has the meaning given the term in section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja74 7#c7 ,poultry2 poultry product ,the terms poultry and poultry product have the meanings given those terms in section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec74 7#d7 ,processed food ,the term processed food has the meaning given the term in section #bja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba74 #ajb4 ,food worker pay increase 7a7 ,prevailing rate ,the ,secretary of ,agriculture may not purchase any meat1 meat food product1 poultry1 poultry product1 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 locality4 7b7 ,prevailing rate determination ,the ,secretary of ,labor shall determine the prevailing rates described in subsection 7a7 and1 in determining such rates1 shall take into account any applicable existing collective bargaining agreements in the locality4 7c7 ,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 agreement4 #ajc4 ,prohibition on stock buybacks while receiving ,,usda funds 7a7 ,definitions ,in this section3 7#a7 ,equity security2 exchange2 issuer ,the terms equity security1 exchange1 and issuer have the meanings given the terms in section #c of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c74 7#b7 ,national security exchange ,the term national securities exchange means an exchange registered under section #f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;f74 7b7 ,prohibitions ,notwithstanding any other provision of law1 during any period that an agricultural issuer has a contract or receives funding from the ,department of ,agriculture1 the agricultural issuer may not-- 7#a7 purchase an equity security of the issuer or any parent company of the issuer on a national securities exchange2 or 7#b7 pay dividends or other capital distributions on an equity security of the issuer4 #ajd4 ,promotion of economic security and workplace accountability 7a7 ,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 #b years after the date of enactment of this ,act to disclose to the ,secretary of ,labor1 on an annual basis and to the best of the knowledge of the entity1 whether1 within the preceding #c-year period1 any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in regulations issued by the ,secretary of ,labor1 has been issued against the entity1 or any subcontractor of the entity1 for violations of any of the following 7including1 as applicable1 any regulations issued under any of the following73 7#a7 ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7#b7 ,the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq474 7#c7 ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 7#d7 ,subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act74 7#e7 ,chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act74 7#f7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity71 as in effect on ,january #ai1 #bjbe4 7#g7 ,section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic74 7#h7 ,section #dbab of title #ch1 ,united ,states ,code4 7#i7 ,the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq474 7#aj7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 7#aa7 ,title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq474 7#ab7 ,the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq474 7#ac7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors74 7#ad7 ,the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq474 7#ae7 ,the ,pregnant ,workers ,fairness ,act 7#db ,u4,s4,c4 #bjjj;gg et seq474 7#af7 ,section #dgad of title #da1 ,united ,states ,code4 7#ag7 ,part #agj of title #dj1 ,code of ,federal ,regulations 7regarding the ,worker ,protection ,standard71 as in effect on ,january #ai1 #bjbe4 7#ah7 ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7 relating to protections for ,h-#b;,a workers4 7#ai7 ,section #bgd;,b of such ,act 7#h ,u4,s4,c4 #acbd;b74 7#bj7 ,the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq474 7#ba7 ,any applicable ,state or local labor or employment law1 as defined in regulations issued by the ,secretary of ,labor4 7b7 ,consultation ,the ,secretary of ,labor shall be available1 as appropriate and in coordination as described in subsection 7e71 for consultation with an entity described in subsection 7a7 to assist the entity in evaluating the information on labor compliance submitted to the entity by a subcontractor pursuant to such subsection4 7c7 ,corrective measures ,on an annual basis1 the ,secretary of ,labor-- 7#a7 shall provide an entity that makes a disclosure pursuant to subsection 7a7 an opportunity to report any steps taken by the entity1 or any subcontractor of the entity1 to correct violations of or improve compliance with the laws1 including ,executive orders1 listed in such subsection1 including any agreements entered into with an enforcement agency2 and 7#b7 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 7d74 7d7 ,list of ineligible entities 7#a7 ,in general ,for each calendar year beginning with the first calendar year that begins after the date that is #b years after the date of enactment of this ,act1 the ,secretary of ,labor1 in coordination as described in subsection 7e71 shall prepare1 and submit to the ,secretary of ,agriculture1 a list of each entity that shall be ineligible for a contract with the ,department of ,agriculture for that year based on-- 7,a7 serious1 repeated1 or pervasive violations of the laws1 including ,executive orders1 listed under subsection 7a7 committed by the entity or any subcontractor of the entity2 or 7,b7 the failure of such entity1 or any subcontractor of such entity1 to complete any corrective measure negotiated under subsection 7c74 7#b7 ,ineligibility ,the ,secretary of ,agriculture shall not-- 7,a7 solicit a contract from any entity on the list under paragraph 7#a7 that is in effect for a year for that year or any of the subsequent #d years2 and 7,b7 conduct an inspection pursuant to the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 or the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq471 as applicable1 of any facility owned or controlled by an entity on the list under paragraph 7#a7 that is in effect for a year for that year or for any of the subsequent #d years4 7e7 ,coordination ,in providing the consultation described in subsection 7b7 and preparing the list under subsection 7d71 the ,secretary of ,labor shall coordinate1 as appropriate1 with the ,national ,labor ,relations ,board1 the ,equal ,employment ,opportunity ,commission1 the ,environmental ,protection ,agency1 and any other relevant ,federal agency as well as ,states and local governments4 7f7 ,criminal penalty for failure ,to report 7#a7 ,offense ,it shall be unlawful for an entity to knowingly fail to make a disclosure required under subsection 7a74 7#b7 ,penalty 7,a7 ,in general ,a violation of paragraph 7#a7 shall be treated as a violation of section #ajca7;a7 of title #ah1 ,united ,states ,code4 7,b7 ,gross loss to government2 gross gain to defendant ,for purposes of applying section #ajca of title #ah1 ,united ,states ,code1 to a violation of paragraph 7#a7 of this subsection1 the amount that the ,department of ,agriculture pays an entity that violates such paragraph 7#a7 under a contract described in subsection 7a7 of this section shall be treated as the gross loss to the ,government or the gross gain to the defendant4 7g7 ,annual reports to ,congress ,for each calendar year beginning with the first calendar year that begins after the date that is #b years after the date of enactment of this ,act1 the ,secretary of ,agriculture shall submit a report to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives that includes-- 7#a7 the number of entities on the list under subsection 7d7 for the year of the report2 7#b7 the number of entities that agreed to take corrective measures under subsection 7c7 for such year2 7#c7 the amount of the applicable contracts for the entities described in paragraph 7#a7 or 7#b72 and 7#d7 performance indicators and measures1 as determined by the ,secretary of ,agriculture1 assessing the effectiveness of the implementation by the ,secretary of ,agriculture of this section for such year4 #aje4 ,waiver to purchase foreign commodities or products 7a7 ,in general ,section #ab7n77#b7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7n77#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking subparagraph 7,b7 and inserting subparagraphs 7,b7 and 7,c72 7#b7 in subparagraph 7,b77ii71 by striking for the school lunch program under this ,act or the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 and inserting the following3 for-- 7,i7 the school lunch program under this ,act1 including any snacks served under that program2 7,,ii7 the special milk program under section #c of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggb72 or 7,,iii7 the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 2 and 7#c7 by adding at the end the following3 7,c7 ,waiver 7i7 ,waiver request ,except as provided in clause 7ii71 in order to purchase foreign commodities or products1 a school food authority shall request from the ,secretary a waiver of subparagraph 7,a74 7ii7 ,exception ,a school food authority may purchase foreign commodities or products without a waiver under clause 7i7 if the commodities or products are not-- 7,i7 produced domestically2 or 7,,ii7 available domestically4 7iii7 ,requirements ,the ,secretary may not provide a waiver to purchase foreign commodities or products under clause 7i7 unless-- 7,i7 the commodities or products-- 7aa7 are not produced domestically in sufficient amounts or of satisfactory quality2 and 7bb7 if purchased domestically1 would be significantly higher in price than such foreign commodities or products2 and 7,,ii7 the school enters into an agreement under clause 7iv74 7iv7 ,agreement ,the ,secretary may not provide a waiver under clause 7i7 unless the school food authority requesting the waiver agrees-- 7,i7 not later than #cj days after receiving the waiver1 to make the waiver publicly available on the website of the school food authority2 and 7,,ii7 not less than once each school year1 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 waivers4 4 7b7 ,definition of foreign commodity ,section #ab7n7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7n77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,definitions ,in this subsection3 7,a7 ,domestic commodity or product ,the term domestic commodity or product means-- 7i7 an agricultural commodity that is produced in the ,united ,states2 and 7ii7 a food product that is processed in the ,united ,states substantially using agricultural commodities that are produced in the ,united ,states4 7,b7 ,foreign commodity or product ,the term foreign commodity or product means a commodity or product other than a domestic commodity or product4 4 7c7 ,conforming amendments ,section #ab7n7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agfj7n77 is amended-- 7#a7 in paragraph 7#c71 by striking ,paragraph 7#b77;,a7 and inserting ,subparagraphs 7,a7 and 7,c7 of paragraph 7#b72 and 7#b7 in paragraph 7#d71 by striking ,paragraph 7#b77;,a7 and inserting ,subparagraphs 7,a7 and 7,c7 of paragraph 7#b74 7d7 ,rule of construction ,nothing in this section or the amendments made by this section affects the requirements under section #dbjg of the ,agriculture ,improvement ,act of #bjah 7#db ,u4,s4,c4 #agfj note2 ,public ,law #aae-ccd74 #ajf4 ,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 #ajja of the ,american ,rescue ,plan ,act of #bjba 7#g ,u4,s4,c4 #geja note2 ,public ,law #aag-b7 #djj1jjj1jjj for fiscal year #bjbf and each fiscal year thereafter4 #ajg4 ,report regarding grant recipients ,not later than #ahj days after the date of enactment of this ,act and annually thereafter1 the ,secretary of ,agriculture shall submit to ,congress and make publicly available on the website of the ,department of ,agriculture an easily navigable report that1 with respect to the preceding year1 specifies each organization1 farm1 individual1 or other entity that received funding 7including through a contract1 subcontract1 subsidy1 loan1 or grant7 from the ,secretary of ,agriculture during that year4 ,,ii ,protecting ,america's ,meatpacking ,workers #bja4 ,findings ,congress finds that-- 7#a7 meat and poultry slaughter and processing is a particularly dangerous occupation1 with meat and poultry processing workers suffering injuries at measurably higher rates than workers in other private sector industries2 7#b7 meat and poultry processing workers face double the rate of amputations as the average worker in private industry1 and injuries such as sprains1 lacerations1 and contusions are common among poultry workers2 7#c7 meat and poultry processing workers suffer from musculoskeletal injuries1 such as carpal tunnel syndrome1 trigger finger1 tendinitis1 rotator cuff injuries1 lower back injuries1 and chronic pain and numbness1 in numbers that can exceed #ej percent of workers2 7#d7 higher line speeds in meat and poultry processing facilities is a recognized risk factor that leads to increased risk of both laceration and musculoskeletal injuries2 and 7#e7 meat and poultry processing workers are subjected to exploitative conditions and abusive behavior by employers-- 7,a7 including-- 7i7 use of abusive and humiliating shouting by supervisors accusing workers of not working fast enough and harassing them to work faster and harder2 7ii7 use of sexualized language to harass women workers to work harder and faster2 7iii7 patterns of direct sexual harassment and incidents of sexual assault2 and 7iv7 little or no accountability or redress for emotional1 sexualized1 or psychological abuse due to-- 7,i7 weak enforcement of1 and noncompliance with1 discrimination protections2 and 7,,ii7 meat and poultry processing workers not reporting the abuse due to fear of receiving more abuse1 having their employment terminated1 or being reported to immigration enforcement2 and 7,b7 that lead to long-term psychological impacts1 including increased feelings of anger and stress by workers pressured to work faster and more aggressively to slaughter animals on killing lines4 #bjb4 ,definitions ,in this title3 7#a7 ,covered establishment ,the term covered establishment means-- 7,a7 an official establishment 7as defined in section #cja4b of title #i1 ,code of ,federal ,regulations 7or successor regulations77 that is subject to inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq472 and 7,b7 an official establishment 7as defined in section #cha4a7;b7 of title #i1 ,code of ,federal ,regulations 7or successor regulations77 that is subject to inspection under the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq474 7#b7 ,employee2 employer ,unless otherwise specified1 the terms employee and employer have the meanings given those terms in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 ,a ,reforms to protect meat and poultry processing workers ,i ,department of ,agriculture #baa4 ,rule on increased line speeds at meat and poultry establishments 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,service4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health4 7#c7 ,director ,the term ,director means the ,director of the ,national ,institute for ,occupational ,safety and ,health4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#e7 ,service ,the term ,service means the ,food ,safety ,inspection ,service4 7b7 ,rule on waivers 7#a7 ,in general ,notwithstanding any other provision of law 7including regulations1 including sections #cjc4a7;h7 and #cha4c7;b7 of title #i1 ,code of ,federal ,regulations 7or successor regulations771 the ,secretary1 acting through the ,administrator1 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-- 7,a7 agrees to an inspection conducted by the ,assistant ,secretary or the ,director for the purposes of the waiver2 and 7,b7 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 safety4 7#b7 ,inspections ,an inspection conducted by the ,assistant ,secretary or the ,director under paragraph 7#a77;,a7 shall include-- 7,a7 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-- 7i7 per minute2 and 7ii7 per hour2 7,b7 an assessment of the current rates of musculoskeletal disorders in the covered establishment2 7,c7 a review of current efforts at the covered establishment to mitigate the disorders referred to in subparagraph 7,b71 including a review of how medical personnel at the covered establishment manage those disorders2 and 7,d7 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 7including the workers that package the meat74 7#c7 ,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 develop1 propose1 finalize1 issue1 amend1 or implement any policy1 regulation1 directive1 constituent update1 or any other agency program that would increase line speeds at covered establishments4 7#d7 ,effect on ,state law 7,a7 ,in general ,this subsection shall not preempt or limit any law or regulation of a ,state or a political subdivision of a ,state that-- 7i7 imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection2 or 7ii7 creates penalties for conduct regulated by this subsection4 7,b7 ,other laws ,the requirements of this subsection are in addition to1 and not in lieu of1 any other laws protecting worker safety and animal welfare4 7c7 ,transparency in rulemaking ,with respect to each rulemaking proceeding initiated by the ,administrator on or after the date of enactment of this ,act1 the ,administrator shall comply with-- 7#a7 the data quality guidelines of the ,service1 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 accurate1 reliable1 and unbiased manner2 and 7#b7 ,executive ,order #acefc 7#e ,u4,s4,c4 #fja note2 relating to improving regulation and regulatory review71 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 rulemaking4 7d7 ,evaluation of rulemaking and policies ,in evaluating the impact of any rulemaking or policy1 the ,secretary shall request that the ,director conduct an evaluation of the rulemaking or policy that includes a review of-- 7#a7 current safety conditions and injuries and illnesses at the applicable covered establishments1 including medical exams and medical histories2 7#b7 whether the policy proposals will increase the pace of work for any employee at the applicable covered establishments2 and 7#c7 whether1 and the extent to which1 the policy proposals will impact worker safety4 7e7 ,report on implementation of rules 7#a7 ,in general ,not later than #a year after the implementation of any rule relating to line speeds at covered establishments1 the ,secretary shall submit to ,congress a report on the impact of the rule on-- 7,a7 line speeds at covered establishments2 7,b7 worker safety and health at covered establishments2 7,c7 ergonomic aspects of jobs at covered establishments2 and 7,d7 staffing levels that will ensure worker safety at covered establishments4 7#b7 ,requirement ,a report under paragraph 7#a7 shall include-- 7,a7 the results of a study carried out by an industrial engineer on every type of job at covered establishments impacted by the applicable rule2 7,b7 a determination of the industrial engineer of the number of workers needed-- 7i7 to do each job safely2 and 7ii7 to operate the covered establishment at different line speeds2 and 7,c7 a job crewing report prepared by the industrial engineer4 ,,ii ,fair ,attendance ,policies #bba4 ,definitions ,in this part3 7#a7 ,covered entity ,the term covered entity-- 7,a7 means a respondent1 as defined in section #gja7n7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7n772 and 7,b7 notwithstanding subparagraph 7,a7 includes-- 7i7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja72 7ii7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 7iii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 and 7iv7 an entity to which section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies4 7#b7 ,employee ,the term employee means-- 7,a7 an employee 7including an applicant71 as defined in section #gja7;f7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7f772 7,b7 a covered employee 7including an applicant71 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja72 7,c7 a covered employee 7including an applicant71 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 7,d7 a ,state employee 7including an applicant7 described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 or 7,e7 an employee 7including an applicant7 to which section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies4 7#c7 ,legally protected leave ,the term legally protected leave1 when used with respect to an employee1 means leave that is protected under a ,federal1 ,state1 or local law applicable to the employee4 7#d7 ,no fault attendance policy ,the term no fault attendance policy means a policy 7or pattern and practice7 maintained by a covered entity under which employees face consequences for any absence1 tardy1 or early departure through the assessment of points 7also referred to as demerits or occurrences7 or deductions from an allotted bank of time1 and those points or deductions subject the employee to progressive disciplinary action1 which may include failure to receive a promotion1 loss of pay1 or termination4 7#e7 ,person ,the term person has the meaning given such term in section #gja7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7a774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 #bbb4 ,requirements for employers relating to no fault attendance policies or attendance systems 7a7 ,requirements for no fault attendance policy ,it shall be considered an unlawful employment practice for a covered entity to maintain a no fault attendance policy1 unless the covered entity complies with the following3 7#a7 ,the no fault attendance policy shall be distributed in writing 7and be made available in the primary language of the employee receiving the policy7-- 7,a7 not later than #ij days after the date of enactment of this ,act1 to each employee employed by the covered entity as of that date of distribution2 and 7,b7 with respect to each employee hired by the covered entity after such date of enactment1 upon the commencement of the employee's employment4 7#b7 ,if any changes are made to the no fault attendance policy1 the no fault attendance policy shall be distributed to all employees in writing 7and be made available in the primary language of the employees71 by not later than #cj days after the date of the changes4 7#c7 ,the covered entity shall provide employees with a means of accessing the no fault attendance policy at any physical workplace1 and outside of a physical workplace1 in an accessible location4 7#d7 ,the no fault attendance policy shall explicitly state that employees will not face disciplinary action or other adverse consequences1 which may include the assessment of points or a deduction from an allotted bank of time1 for legally protected leave4 7#e7 ,the no fault attendance policy shall specifically reference and provide a reasonable amount of detail about all ,federal1 ,state1 and local laws applicable to the employees that provide legally protected leave1 including the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq471 and chapter #dc of title #ch1 ,united ,states ,code4 7#f7 ,the no fault attendance policy shall identify a process for employees to complete each of the following3 7,a7 ,report that an absence is for legally protected leave4 7,b7 ,provide medical documentation1 if it is required under the no fault attendance policy in order to avoid disciplinary action or other adverse consequences for legally protected leave4 7,c7 ,seek removal of points that an employee believes were wrongly assessed1 or the restoration of time that an employee believes was wrongly deducted for legally protected leave4 7,d7 ,delay the reporting of an absence in unforeseen or emergency circumstances without incurring additional points or discipline4 7b7 ,requirements for attendance systems ,it shall be an unlawful employment practice for a covered entity to maintain any attendance system policy1 or pattern and practice1 that discourages employees from exercising1 or attempting to exercise1 any right to legally protected leave4 #bbc4 ,remedies and enforcement 7a7 ,civil action ,the powers1 remedies1 and procedures provided in section #ajg of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfag7 shall be the powers1 remedies1 and procedures this part provides to any person alleging an unlawful employment practice described in section #bbb4 7b7 ,penalties ,any covered entity that commits an unlawful employment practice described in section #bbb shall be subject to a civil penalty not to exceed the amounts under section #ag7;a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7;a771 as adjusted annually for inflation4 ,the ,secretary may bring any legal action necessary1 including administrative action1 to collect such penalties4 #bbd4 ,rulemaking ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,equal ,employment ,opportunity ,commission and the heads of other relevant ,federal agencies1 shall issue regulations in an accessible format in accordance with subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 to carry out this part4 ,such regulations shall provide an example of a model no fault attendance policy that conforms to the requirements of this part4 #bbe4 ,relationship to other laws ,nothing in this part shall be construed to invalidate or limit the powers1 remedies1 and procedures under any ,federal law or law of any ,state or political subdivision of any ,state or jurisdiction that provide legally protected leave4 ,,iii ,occupational ,safety and ,health ,administration ,reforms #bca4 ,definitions ,in this part1 the terms ,secretary and ,state have the meanings given such terms in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 #bcb4 ,ensuring compliance with employee rights to use toilet facilities at covered establishments 7a7 ,in general ,during any inspection of a covered establishment conducted pursuant to section #h of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg71 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 #aiaj4ada of title #bi1 ,code of ,federal ,regulations1 as in effect on the day before the date of enactment of this ,act1 for employers to provide prompt access for employees to visit and use toilet facilities1 including such standard as interpreted by the memorandum for regional administrators and ,state designees regarding ,interpretation of #bi ,,cfr4 #aiaj4ada7;c77#a77;i73 ,toilet ,facilities issued by the ,occupational ,safety and ,health ,administration on ,april #f1 #aiih1 and any successor regulation4 7b7 ,requirements ,in carrying out subsection 7a71 the ,secretary shall verify that the employer described in such subsection-- 7#a7 allows employees to leave their work locations to use a toilet facility when needed and without punishment2 7#b7 provides an adequate number of toilet facilities for the size of the workforce to prevent long lines2 7#c7 avoids imposing unreasonable restrictions including waiting lists on the use of toilet facilities2 7#d7 ensures that restrictions1 such as locking doors or requiring employees to sign out a key1 do not cause extended delays in access to toilet facilities2 and 7#e7 compensates each employee for breaks for using toilet facilities at the regular rate of pay of the employee in accordance with section #ghe4ah of title #bi1 ,code of ,federal ,regulations1 as in effect on the day before the date of enactment of this ,act1 and any other applicable ,federal1 ,state1 or local law4 #bcc4 ,occupational safety and health standards to protect employees in covered establishments 7a7 ,standard for protecting employees from occupational risk factors causing musculoskeletal disorders 7#a7 ,proposed standard ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a proposed standard for ergonomic program management for covered establishments4 ,such proposed standard shall include requirements for-- 7,a7 hazard identification and ergonomic job evaluations1 including requirements for employee and authorized employee representative participation in such identification2 7,b7 hazard control1 which such requirements rely on the principles of the hierarchy of controls and which may include measures such as rest breaks1 equipment and workstation redesign1 work pace reductions1 or job rotation to less forceful or repetitive jobs2 7,c7 training for employees regarding employer activities1 occupational risk factors1 and training on controls and recognition of symptoms of musculoskeletal disorders2 and 7,d7 medical management that includes-- 7i7 encouraging early reporting of musculoskeletal disorder symptoms2 7ii7 first aid delivered by those operating under ,state licensing requirements2 and 7iii7 systematic evaluation and early referral for medical attention4 7#b7 ,final standard ,not later than #cj months after the date of enactment this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a final standard based on the proposed standard under paragraph 7#a74 7b7 ,standard for protecting employees from delays in medical treatment referrals following injuries or illnesses 7#a7 ,proposed standard ,not later than #c months after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a proposed standard requiring that all employers with employees working at a covered establishment who1 in accordance with the standard promulgated under section #aiaj4aea of title #bi1 ,code of ,federal ,regulations1 as in effect on the day before the date of enactment of this ,act1 are required to have a person readily available at the establishment who is adequately trained to render first aid shall ensure that such person-- 7,a7 without delay1 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 treatment2 7,b7 provides for occupational medicine consultation services through a physician who is board certified in occupational medicine1 which services shall include-- 7i7 regular review of any health and safety program1 medical management program1 or ergonomics program of the employer2 7ii7 review of any work-related injury or illness of an employee2 7iii7 providing onsite health services for treatment of such injury or illness2 and 7iv7 consultation referral to a local health care provider for treating such injury or illness2 and 7,c7 complies with the licensing requirements for licensed practical nurses or registered nurses in the ,state in which the establishment is located4 7#b7 ,final standard ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a final standard based on the proposed standard under paragraph 7#a74 7c7 ,authorization of appropriations ,there are authorized to be appropriated #b1jjj1jjj for fiscal year #bjbf to carry out this section4 #bcd4 ,permanent regional emphasis inspection program2 expanding inspections 7a7 ,regional emphasis inspection program 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #h of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg71 implement a regional emphasis inspection program for covered establishments in every ,state in which a covered establishment is located4 ,such program shall cover-- 7,a7 amputation hazards2 7,b7 ergonomics2 7,c7 hazards related to line speeds2 7,d7 bathroom breaks2 7,e7 use of chemicals such as peracetic acid 7antimicrobials72 and 7,f7 working conditions in high and low temperatures4 7#b7 ,state plans ,not later than #cj days after the date of enactment of this ,act1 a ,state with a ,state plan that has been approved by the ,secretary under section #ah of such ,act 7#bi ,u4,s4,c4 #ffg7 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 7#a74 7b7 ,expanding inspections when information presents possible additional dangers 7#a7 ,in general ,if the ,secretary conducts a physical inspection of a covered establishment pursuant to section #h of such ,act in response to a referral1 complaint1 or fatality1 and the ,secretary1 during such inspection makes a determination described in paragraph 7#b71 the ,secretary shall expand such inspection to all areas of the establishment4 7#b7 ,determination ,a determination described in this paragraph is either of the following3 7,a7 ,a determination1 following a review of records of work-related injuries and illnesses maintained in accordance with such section #h1 that a work-related injury or illness may be related to a workplace danger that may threaten physical harm4 7,b7 ,a determination1 upon interviews with employees1 that a workplace danger may threaten physical harm4 #bce4 ,representatives during physical inspections 7a7 ,proposed rule ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 under section #h7;e7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg7;e771 publish in the ,federal ,register a regulation providing that during a physical inspection of a covered establishment under such section-- 7#a7 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 employer2 7#b7 where there is no representative authorized by employees as described in paragraph 7#a71 the employees may designate a person affiliated with a worker-based community organization to serve as such representative2 and 7#c7 the inspector may arrange for interviews with employees off-site upon the request of the representative or designated person4 7b7 ,final rule ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a final rule for the proposed rule under subsection 7a74 #bcf4 ,enhanced protections from retaliation 7a7 ,employee actions ,section #aa7;c77#a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffj7;c77#a77 is amended-- 7#a7 by striking discharge and all that follows through because such and inserting the following3 discharge or cause to be discharged1 or in any other manner retaliate or discriminate against or cause to be retaliated or discriminated against1 any employee because-- 7,a7 such 2 7#b7 by striking this ,act or has and inserting the following3 8this ,act2 7,b7 such employee has 2 7#c7 by striking in any such proceeding or because of the exercise and inserting the following3 8before ,congress or in any ,federal or ,state proceeding related to safety or health2 7,c7 such employee has refused to violate any provision of this ,act2 or 7,d7 of the exercise 2 and 7#d7 by inserting before the period at the end the following3 1 including the reporting of any injury1 illness1 or unsafe condition to the employer1 agent of the employer1 safety and health committee involved1 or employee safety and health representative involved4 7b7 ,prohibition of retaliation2 procedure ,section #aa of such ,act 7#bi ,u4,s4,c4 #ffj7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 by striking discharged or otherwise discriminated against by any person in violation of this subsection and inserting aggrieved by a violation of this subsection2 and 7ii7 by striking such discrimination and inserting such violation2 and 7,b7 by adding at the end the following3 7#d7 ,exception for meat and poultry establishments ,paragraphs 7#b7 and 7#c7 shall not apply with respect to a complaint filed by an employee of an employer that is a covered establishment1 as defined in section #bjb of the ,agricultural ,worker ,justice ,act4 2 and 7#b7 by adding at the end the following3 7d7 ,meat and poultry establishments 7#a7 ,definitions ,in this subsection3 7,a7 ,complainant ,the term complainant means a complainant who is a covered employee4 7,b7 ,covered employee ,the term covered employee means an employee of a covered employer4 7,c7 ,covered employer ,the term covered employer means an employer that is a covered establishment1 as defined in section #bjb of the ,agricultural ,worker ,justice ,act4 7,d7 ,respondent ,the term respondent means a respondent who is a covered employer4 7#b7 ,reasonable apprehension ,no person shall discharge1 or cause to be discharged1 or in any other manner retaliate or discriminate against1 or cause to be retaliated or discriminated against1 a covered employee for refusing to perform the covered employee's duties if-- 7,a7 the covered employee has a reasonable apprehension that performing such duties would result in serious injury to1 or serious impairment of the health of1 the covered employee or other covered employees2 and 7,b7 when practicable1 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 apprehension4 7#c7 ,complaint ,any covered employee who believes that the covered employee has been discharged1 disciplined1 or otherwise retaliated or discriminated against by any person in violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection may seek relief for such violation by filing a complaint with the ,secretary under paragraph 7#e74 7#d7 ,statute of limitations 7,a7 ,in general ,a covered employee may take the action permitted by paragraph 7#c7 not later than #ahj days after the later of-- 7i7 the date on which an alleged violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection occurs2 or 7ii7 the date on which the covered employee knows or should reasonably have known that such alleged violation occurred4 7,b7 ,repeat violation ,except in cases when the covered employee has been discharged1 a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection shall be considered to have occurred on the last date an alleged repeat violation occurred4 7#e7 ,investigation 7,a7 ,in general ,a covered employee may1 within the time period required under paragraph 7#d77;,a71 file a complaint with the ,secretary alleging a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection4 ,if the complaint alleges a prima facie case1 the ,secretary shall conduct an investigation of the allegations in the complaint1 which-- 7i7 shall include-- 7,i7 interviewing the complainant2 7,,ii7 providing the respondent an opportunity to-- 7aa7 submit to the ,secretary a written response to the complaint2 and 7bb7 meet with the ,secretary to present statements from witnesses or provide evidence2 and 7,,iii7 providing the complainant an opportunity to-- 7aa7 receive any statements or evidence provided to the ,secretary2 7bb7 meet with the ,secretary2 and 7cc7 rebut any statements or evidence2 and 7ii7 may include issuing subpoenas for the purposes of such investigation4 7,b7 ,decision ,not later than #ij days after the filing of the complaint under this paragraph1 the ,secretary shall-- 7i7 determine whether reasonable cause exists to believe that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred2 and 7ii7 issue a decision granting or denying relief4 7#f7 ,preliminary order following investigation ,if1 after completion of an investigation under paragraph 7#e77;,a71 the ,secretary finds reasonable cause to believe that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred1 the ,secretary shall issue a preliminary order providing relief authorized under paragraph 7#ad7 at the same time the ,secretary issues a decision under paragraph 7#e77;,b74 ,if a de novo hearing is not requested within the time period required under paragraph 7#g77;,a77i71 such preliminary order shall be deemed a final order of the ,secretary and is not subject to judicial review4 7#g7 ,hearing 7,a7 ,request for hearing 7i7 ,in general ,a de novo hearing on the record before an administrative law judge may be requested-- 7,i7 by the complainant or respondent within #cj days after receiving notification of a decision granting or denying relief issued under paragraph 7#e77;,b7 or a preliminary order under paragraph 7#f71 respectively2 7,,ii7 by the complainant within #cj days after the date the complaint is dismissed without investigation by the ,secretary under paragraph 7#e77;,a72 or 7,,iii7 by the complainant within #abj days after the date of filing the complaint under paragraph 7#e71 if the ,secretary has not issued a decision under paragraph 7#e77;,b74 7ii7 ,reinstatement order ,the request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph 7#f74 7,b7 ,procedures 7i7 ,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 judges4 7ii7 ,subpoenas2 production of evidence ,in conducting any such hearing1 the administrative law judge may issue subpoenas4 ,the respondent or complainant may request the issuance of subpoenas that require the deposition of1 or the attendance and testimony of1 witnesses and the production of any evidence 7including any books1 papers1 documents1 or recordings7 relating to the matter under consideration4 7iii7 ,decision ,the administrative law judge shall issue a decision not later than #ij days after the date on which a hearing was requested under this paragraph and promptly notify1 in writing1 the parties and the ,secretary of such decision1 including the findings of fact and conclusions of law4 ,if the administrative law judge finds that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred1 the judge shall issue an order for relief under paragraph 7#ad74 ,if review under paragraph 7#h7 is not timely requested1 such order shall be deemed a final order of the ,secretary that is not subject to judicial review4 7#h7 ,administrative appeal 7,a7 ,in general ,not later than #cj days after the date of notification of a decision and order issued by an administrative law judge under paragraph 7#g71 the complainant or respondent may file1 with objections1 an administrative appeal with an administrative review body designated by the ,secretary 7referred to in this paragraph as the review board74 7,b7 ,standard of review ,in reviewing the decision and order of the administrative law judge1 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 law4 7,c7 ,decisions ,if the review board grants an administrative appeal1 the review board shall issue a final decision and order affirming or reversing1 in whole or in part1 the decision under review by not later than #ij days after receipt of the administrative appeal4 ,if it is determined that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred1 the review board shall issue a final decision and order providing relief authorized under paragraph 7#ad74 ,such decision and order shall constitute final agency action with respect to the matter appealed4 7#i7 ,settlement in the administrative process 7,a7 ,in general ,at any time before issuance of a final order1 an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties4 7,b7 ,public policy considerations ,neither the ,secretary1 an administrative law judge1 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 policy1 including a restriction on a complainant's right to future employment with employers other than the specific covered employers named in a complaint4 7#aj7 ,inaction by the review board or administrative law judge 7,a7 ,in general ,the complainant may bring a de novo action described in subparagraph 7,b7 if-- 7i7 an administrative law judge has not issued a decision and order within the #ij-;day time period required under paragraph 7#g77;,b77iii72 or 7ii7 the review board has not issued a decision and order within the #ij-;day time period required under paragraph 7#h77;,c74 7,b7 ,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 7c77#a7 or paragraph 7#b7 of this subsection allegedly occurred or where the complainant resided on the date of such alleged violation4 ,the court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph 7#ad74 ,such action shall1 at the request of either party to such action1 be tried by the court with a jury4 7#aa7 ,judicial review 7,a7 ,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 violation1 with respect to which such final decision and order was issued1 allegedly occurred or where the complainant resided on the date of such alleged violation4 ,to obtain such review1 a party shall file a petition for review not later than #fj days after the final decision and order was issued4 ,such review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the final decision and order4 7,b7 ,limitation on collateral attack ,an order and decision with respect to which review may be obtained under subparagraph 7,a7 shall not be subject to judicial review in any criminal or other civil proceeding4 7#ab7 ,enforcement of order ,if a respondent fails to comply with an order issued under this subsection1 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 order4 ,if both the ,secretary and the complainant file such action1 the action of the ,secretary shall take precedence4 ,the district court shall have jurisdiction to grant all appropriate relief described in paragraph 7#ad74 7#ac7 ,burdens of proof 7,a7 ,criteria for determination ,in making a determination or adjudicating a complaint pursuant to this subsection1 the ,secretary1 administrative law judge1 review board1 or a court may determine that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred only if the complainant demonstrates that any conduct described in subsection 7c77#a7 or paragraph 7#b7 of this subsection with respect to the complainant was a contributing factor in the adverse action alleged in the complaint4 7,b7 ,prohibition ,notwithstanding subparagraph 7,a71 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 conduct4 7#ad7 ,relief 7,a7 ,order for relief ,if the ,secretary1 administrative law judge1 review board1 or a court determines that a covered employer has violated subsection 7c77#a7 or paragraph 7#b7 of this subsection1 the ,secretary1 administrative law judge1 review board1 or court1 respectively1 shall have jurisdiction to order all appropriate relief1 including injunctive relief1 and compensatory and exemplary damages1 including-- 7i7 affirmative action to abate the violation2 7ii7 reinstatement without loss of position or seniority1 and restoration of the terms1 rights1 conditions1 and privileges associated with the complainant's employment1 including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified2 7iii7 compensatory and consequential damages sufficient to make the complainant whole 7including back pay1 prejudgment interest1 and other damages72 and 7iv7 expungement of all warnings1 reprimands1 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 action1 and1 at the complainant's direction1 transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information4 7,b7 ,attorneys' fees and costs ,if the ,secretary or an administrative law judge1 review board1 or court grants an order for relief under subparagraph 7,a71 the ,secretary1 administrative law judge1 review board1 or court1 respectively1 shall assess1 at the request of the covered employee against the covered employer-- 7i7 reasonable attorneys' fees2 and 7ii7 costs 7including expert witness fees7 reasonably incurred1 as determined by the ,secretary1 administrative law judge1 review board1 or court1 respectively1 in connection with bringing the complaint upon which the order was issued4 7#ae7 ,procedural rights ,the rights and remedies provided for in this subsection may not be waived by any agreement1 policy1 form1 or condition of employment1 including by any pre-dispute arbitration agreement or collective bargaining agreement4 7#af7 ,savings ,nothing in this subsection shall be construed to diminish the rights1 privileges1 or remedies of any covered employee under any ,federal or ,state law or common law1 or under any collective bargaining agreement4 7#ag7 ,election of venue 7,a7 ,in general ,a covered employee of a covered employer who is located in a ,state that has a ,state plan approved under section #ah may file a complaint alleging a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection by such employer with-- 7i7 the ,secretary under paragraph 7#e72 or 7ii7 a ,state plan administrator in such ,state4 7,b7 ,referrals ,if-- 7i7 the ,secretary receives a complaint pursuant to subparagraph 7,a77i71 the ,secretary shall not refer such complaint to a ,state plan administrator for resolution2 or 7ii7 a ,state plan administrator receives a complaint pursuant to subparagraph 7,a77ii71 the ,state plan administrator shall not refer such complaint to the ,secretary for resolution4 7#ah7 ,presumption of retaliation ,the ,secretary shall apply an unrebuttable presumption of retaliation in any complaint initiated under paragraph 7#e7 in which the ,secretary finds a covered employee suffers an adverse action within #ij days of the date on which the covered employee took any action protected under subsection 7c77#a7 or raised any reasonable apprehension under paragraph 7#b7 of this subsection4 7#ai7 ,supplement and not supplant ,the remedies provided for under this subsection supplement1 and do not supplant1 the private right of action under section #bdj of the ,agricultural ,worker ,justice ,act4 7#bj7 ,definitions ,for purposes of this subsection and subsection 7c7-- 7,a7 the term retaliate or discriminate against includes reporting1 or threatening to report1 to a ,federal1 ,state1 or local authority the suspected citizenship or immigration status of a covered employee1 or of a family member of a covered employee1 because the covered employee raises a concern about workplace health and safety practices or hazards2 and 7,b7 the term family member1 with respect to the family member of a covered employee1 means an individual who-- 7i7 is related to the covered employee by blood1 adoption1 marriage1 or domestic partnership2 and 7ii7 is a significant other1 parent1 sibling1 child1 uncle1 aunt1 niece1 nephew1 cousin1 grandparent1 or grandchild of the covered employee4 4 7c7 ,relation to enforcement ,section #ag7;j7 of such ,act 7#bi ,u4,s4,c4 #fff7;j77 is amended by inserting before the period the following3 1 including the history of violations under subsection 7c7 or 7d7 of section #aa4 #bcg4 ,regulations to restore a column on required records of work-related musculoskeletal disorders ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a final rule regarding matters pertaining to the proposed rule issued by the ,secretary on ,january #bi1 #bjaj1 entitled ,occupational ,injury and ,illness ,recording and ,reporting ,requirements 7#ge ,fed4 ,reg4 #dgbh74 #bch4 ,funding for additional ,,osha inspectors ,out of any amounts in the ,treasury not otherwise appropriated1 there is appropriated #fj1jjj1jjj to the ,secretary for each of fiscal years #bjbf through #bjca1 to remain available until expended for-- 7#a7 the hiring of additional inspectors to carry out inspections under section #h of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg72 and 7#b7 carrying out sections #f1 #h1 and #aa of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee2 #feg2 and #ffj71 as amended by this ,act4 #bci4 ,,osha reporting 7a7 ,definition of pandemic ,in this section1 the term pandemic means a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to a pandemic4 7b7 ,reporting during a pandemic 7#a7 ,standardized reporting 7,a7 ,in general ,the ,secretary shall establish a standardized process for covered establishments to report1 on a weekly basis during a pandemic1 to the ,secretary information regarding infections and deaths related to the pandemic4 ,such information shall include-- 7i7 the number of employees on a weekly and cumulative basis that have contracted the disease resulting in the pandemic2 7ii7 racial demographics of such employees2 and 7iii7 the employment status of such employees4 7,b7 ,form and procedures ,not later than #a year after the date of enactment of this ,act1 or #g days following a declaration of a pandemic1 whichever is sooner1 the ,secretary shall issue reporting procedures described in subparagraph 7,a71 including forms for such procedures1 for pandemics4 7#b7 ,public availability ,the ,secretary shall make the information reported under paragraph 7#a7 available to the public in a manner that facilitates public participation1 including by making such information available on its website in a manner that maximizes public participation4 7#c7 ,privacy ,a covered establishment1 in reporting information to the ,secretary under paragraph 7#a71 may not claim confidential business information or patient privacy1 except that such an establishment may withhold the names of workers1 as a basis to withhold information4 7c7 ,disclosures to employees ,a covered establishment shall disclose to each employee or individual providing work for the employer1 including any individual providing such work through a contract or subcontract1 all chemicals used at the worksite where the employee or individual provides such work4 ,such disclosure shall be provided to the employee or individual in the native language of the employee or individual4 #bdj4 ,private right of action 7a7 ,in general ,any person aggrieved by the failure of a covered establishment to comply with the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq471 including any regulation promulgated pursuant to such ,act1 or to comply with this subtitle may file suit in any district court of the ,united ,states having jurisdiction of the parties1 without respect to the amount in controversy and without regard to the citizenship of the parties1 or in any other court of competent jurisdiction4 7b7 ,right of recovery ,in an action brought by any aggrieved person pursuant to this section1 the person may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs of the action4 7c7 ,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 jurisdiction4 #bda4 ,injunction proceedings ,section #ac7;a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffb7;a77 is amended by adding at the end the following3 ,any employee 7or the representative of such employee7 at a place of employment subject to enforcement under this subsection may unconditionally intervene as a matter of right44 ,,iv ,savings provision #bea4 ,savings provision ,nothing in this subtitle shall be construed to diminish the rights1 privileges1 or remedies of any employee who exercises rights under any ,federal or ,state law or common law1 or under any collective bargaining agreement4 ,b ,,gao reports #bfa4 ,review and report on racial and ethnic disparities in meat and poultry processing 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall carry out1 and submit to ,congress1 a report on racial and ethnic disparities in the meat and poultry processing sector4 7b7 ,inclusions ,the report under subsection 7a7 shall contain a review of each of the following3 7#a7 ,the impacts of working in covered establishments to individuals working at such establishments who are employees1 temporary workers1 incarcerated workers1 noncitizen workers admitted to the ,united ,states as nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 or as refugees under section #bjg of that ,act 7#h ,u4,s4,c4 #aaeg71 or noncitizen workers who are not lawfully present in the ,united ,states1 including-- 7,a7 workplace injuries1 including repetitive musculoskeletal injuries1 of those individuals2 7,b7 psychological and mental health conditions of those individuals2 7,c7 exposure of those individuals to chemicals or other potential carcinogens and reproductive toxins2 and 7,d7 any physical or mental abuse1 including sexual harassment1 of those individuals by coworkers or managers4 7#b7 ,the racial demographics and use of temporary workers to outsource the responsibility of covered establishments to provide a safe workplace4 7#c7 ,the racial demographics and use of incarcerated workers in covered establishments1 including-- 7,a7 the extent to which those workers have a choice in working at covered establishments2 7,b7 the use of those workers to outsource the responsibility of covered establishments to provide a safe workplace2 7,c7 the use of those workers to outsource the responsibility of covered establishments to provide fair compensation2 and 7,d7 the use of those workers by covered establishments to externalize employee cost4 7#d7 ,the racial demographics and use of noncitizen workers admitted to the ,united ,states as nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 or as refugees under section #bjg of that ,act 7#h ,u4,s4,c4 #aaeg7 at covered establishments1 including-- 7,a7 the extent to which predatory practices1 such as limiting the ability of those workers to choose and move between competing organizations1 are utilized by covered establishments with respect to those workers2 7,b7 the extent to which those workers are unable to speak out for fear of retaliation2 and 7,c7 the extent to which there is full transparency about the nature of employment of those workers prior to being hired4 7#e7 ,the racial demographics and use of noncitizen workers who are not lawfully present in the ,united ,states at covered establishments1 including-- 7,a7 the extent to which those workers are unable to speak out for fear of retaliation2 and 7,b7 whether any collusion between ,federal immigration offices and covered establishments have the effect of intimidating and silencing those workers4