Sec. 101. Rule on increased line speeds at meat and poultry establishments
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In this section: The term Administrator means the Administrator of the Service. The term Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health. The term Director means the Director of the National Institute for Occupational Safety and Health. The term Secretary means the Secretary of Agriculture. The term Service means the Food Safety Inspection Service. Notwithstanding any other provision of law (including regulations, including sections 303.1(h) and 381.3(b) of title 9, Code of Federal Regulations (or successor regulations)), the Secretary, acting through the Administrator, shall not issue a waiver relating to line speeds at a covered establishment or inspection staffing requirements for a covered establishment unless the covered establishment— agrees to an inspection conducted by the Assistant Secretary or the Director for the purposes of the waiver; and the Assistant Secretary or the Director certifies to the Secretary that any increases in line speed at the covered establishment would not have an adverse impact on worker safety.
An inspection conducted by the Assistant Secretary or the Director under paragraph (1)(A) shall include— 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— per minute; and per hour; an assessment of the current rates of musculoskeletal disorders in the covered establishment; a review of current efforts at the covered establishment to mitigate those disorders, including a review of how medical personnel at the covered establishment manage those disorders; and a review of the impact of any proposed line speed increases on the pace of work for workers on the slaughter and production lines of the covered establishment (including the workers that package the meat).
None of the funds made available to the Secretary during the covered period may be used to develop, propose, finalize, issue, amend, or implement any policy, regulation, directive, constituent update, or any other agency program that would increase line speeds at covered establishments. This subsection shall not preempt or limit any law or regulation of a State or a political subdivision of a State that— imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection; or creates penalties for conduct regulated by this subsection.
The requirements of this subsection are in addition to, and not in lieu of, any other laws protecting worker safety and animal welfare. With respect to each rulemaking proceeding initiated by the Administrator on or after the date of enactment of this Act, the Administrator shall comply with— the data quality guidelines of the Service, which state that the Service and the offices of the Service are held to a standard of transparency to ensure that the information shared by the Service is presented in an accurate, reliable, and unbiased manner; and Executive Order 13563 ( 5 U.S.C. 601 note; relating to improving regulation and regulatory review), which requires Federal agencies to provide timely online access to relevant scientific information in an open format that can easily be searched and downloaded during a proposed rulemaking.
In evaluating the impact of any future rulemaking or policy, the Secretary shall request that the Director conduct an evaluation of the rulemaking or policy that includes a review of— current safety conditions and injuries and illnesses at the applicable covered establishments, including medical exams and medical histories; whether the policy proposals will increase the pace of work for any employee at the applicable covered establishments; and whether, and the extent to which, the policy proposals will impact worker safety.
Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall each submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Agriculture and the Committee on Education and Labor of the House of Representatives, a report that— describes the actions taken by that Secretary to ensure worker, animal, and food safety during the COVID–19 emergency; and includes an analysis of the issues described in paragraphs
(1)through
(12)of section 303(b). Not later than 1 year after the implementation of any rule relating to line speeds at covered establishments, the Secretary shall submit to Congress a report on the impact of the rule on— line speeds at covered establishments; worker safety and health at covered establishments; ergonomic aspects of jobs at covered establishments; and staffing levels that will ensure worker safety at covered establishments. A report under subparagraph
(A)shall include— the results of a study carried out by an industrial engineer on every type of job at covered establishments impacted by the applicable rule; a determination of the industrial engineer of the number of workers needed— to do each job safely; and to operate the covered establishment at different line speeds; and a job crewing report prepared by the industrial engineer.
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