Regular Session 2021-2022 House Bill 1874 P.N. 2123

PRINTER'S NO. 2123

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1874

Session of

2021

INTRODUCED BY MULLERY, BURGOS, LEE, SANCHEZ, KINSEY,

SCHLOSSBERG, HARKINS, T. DAVIS, FREEMAN, PASHINSKI, DELLOSO,

DRISCOLL, McNEILL, MERSKI, CIRESI, PISCIOTTANO, DEASY,

INNAMORATO, GUZMAN, O'MARA, BENHAM AND KINKEAD,

SEPTEMBER 16, 2021

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 16, 2021

AN ACT

Providing for regulation of the meatpacking and food processing

industry by creating facility health and safety committees in

the workplace; establishing the industry workers' rights

coordinator within the Department of Labor and Industry; and

providing for public health emergency protections for

workers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Meat Packing

and Food Processing Protection Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Labor and Industry of the

Commonwealth.

"Employee." An individual who is employed by a meatpacking,

meat processing or food processing facility licensed under the

act of July 9, 1968 (P.L.304, No.151), known as Pennsylvania

Meat and Poultry Hygiene Law of 1968.

"Employer." A business located in this Commonwealth and

licensed under the Pennsylvania Meat and Poultry Hygiene Law of

1968.

"Facility." The location of an employer that the employees

perform job-related duties or the following occurs, but not

limited to:

(1) slaughtering or butchering;

(2) meat canning, meatpacking or meat manufacturing;

(3) poultry canning, packing or manufacturing;

(4) pet food manufacturing;

(5) egg production;

(6) processing of meatpacking products;

(7) commercial packaging; or

(8) the making, cooking, mixing, processing, bottling,

baking, canning, freezing, packing or rendering of meat

products.

"Facility health and safety committee" or "committee." A

committee authorized and established under section 5.

"Industry workers' rights coordinator" or "coordinator." The

coordinator appointed by the secretary under section 5(j).

"Public health emergency." One or more of the following

occurrences:

(1) Imminent threat of an illness or health condition

caused by epidemic or pandemic disease.

(2) A novel and highly fatal infectious agent or

biological toxin that poses a substantial risk of a

significant number of human fatalities or permanent or long-

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term disability.

(3) A declaration by the Governor of disaster emergency

under 35 Pa.C.S. section 7301(c) (relating to general

authority of Governor) issued because of an occurrence

described in paragraph (1) or (2).

(4) A Federal public health emergency declared by the

Secretary of Health and Human Services.

(5) A national public health emergency declared by the

President of the United States.

"Secretary." The Secretary of Labor and Industry of the

Commonwealth.

Section 3. Training provided by employer.

(a) General rule.--Upon hire, an employer must provide to an

employee in the language that the employee speaks, if at least

5% of the employer's workforce speaks the language, information

on the following:

(1) Health risks directly associated with the duties of

employment, including repetitive strain injuries,

musculoskeletal disorders and respiratory hazards.

(2) The employee's right to seek medical care for

injuries that occur as a result of employment.

(3) A summary of the rights and requirements under the

Occupational Safety and Health Act of 1970 (Public Law 91-

596, 29 U.S.C. § 651 et seq.) and related Federal

regulations.

(4) The facility health and safety committee established

under section 5.

(5) The employee's right to paid sick time off as

provided under section 4.

(b) Training provided.--

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(1) An employer shall provide worker safety training to

new employees during normal working hours and at the standard

rate of compensation.

(2) Training shall be available in languages spoken by

at least 5% of employees.

(3) Training shall be provided without a penalty imposed

by the employer.

(4) An employee shall have the right to additional

training, upon request, within 30 days of the employee's hire

date.

Section 4. Sick and medical benefits.

(a) Paid sick time.--

(1) An employer shall provide its employees who work

full time not less than seven paid sick days, paid at the

regular rate of pay, to be used for illness or injury

annually. Paid sick time may be used for care to the employee

or for care to a sick or injured immediate family member.

Unused paid sick time shall carry forward to the next

calendar year.

(2) An employer shall provide employees who work part-

time five paid sick days, paid at the regular rate of pay, to

be used for illness or injury annually. Paid sick time may be

used to care for the employee or to care for a sick or

injured immediate family member. Unused paid sick time shall

carry forward to the next calendar year.

(b) Medical transportation.--If an employee is injured or

becomes ill at the facility as a result of duties associated

with the employee's employment and requires immediate emergency

medical attention that cannot be acquired from an on-site

licensed medical professional, the employer shall pay for out-

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of-pocket expenses not covered by an insurance plan associated

with the emergency medical transportation.

employee who exercises the employee's rights under this section.

Section 5. Facility health and safety committee.

(a) Establishment.--An employer shall establish and

administer a joint labor-management facility health and safety

committee to help reduce the risk of injury and unsafe

conditions at the facility.

(b) Committee membership.--

(1) The committee membership shall represent all primary

operations of the workplace.

(2) The committees shall be composed of a minimum of two

employer-representatives and a minimum of two employee

representatives.

(3) Employer-representatives must be individuals who,

regardless of job title or labor organization affiliation,

and based upon an examination of that individual's authority

or responsibility, perform one or more of the following

duties:

(i) Select or hire an employee.

(ii) Remove or terminate an employee.

(iii) Direct the manner of employee performance.

(iv) Control an employee.

(4) Employee-representatives must be individuals who

perform services for an employer for valuable consideration

and do not possess the authority or responsibility described

in paragraph (3).

(5) An individual may not function as both an employer-

representative and an employee representative.

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(6) If a collective bargaining agreement is in place at

the facility:

(i) Paragraph (4) shall not apply.

(ii) The union may select the employee-

representatives.

(iii) Employee-representatives may be union

representatives who are not employees at the facility.

(1) An employer that has only one workplace within this

Commonwealth shall form a single workplace safety committee

at the workplace.

(2) An employer that has more than one workplace within

this Commonwealth shall form separate and individual safety

committees at each facility within this Commonwealth.

(3) The committee shall be composed of at least an equal

number of employer and employee representatives.

(4) The committee shall establish procedures that retain

a core group of experienced members to serve on the committee

at all times.

(5) Employee representatives of the committees shall:

(i) Be permitted to take reasonable time from work

to perform committee duties, without loss of pay or

benefits.

(ii) Join the committee for a continuous term of one

year from the date of the first meeting attended.

(d) Committee responsibilities.--The facility health and

safety committee shall have responsibilities of:

(1) Representing the accident and illness prevention

concerns of employees for the employer.

(2) Reviewing the employer's hazard detection and

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accident and illness prevention programs and formulating

written proposals.

(3) Establishing procedures for periodic workplace

inspections by the committee for the purpose of locating and

identifying health and safety hazards. The locations and

identity of hazards shall be documented in writing, and the

committee shall make proposals to the employer regarding

correction of the hazards.

(4) Conducting review of incidents resulting in work-

related deaths, injuries and illnesses and of complaints

regarding health and safety hazards made by committee members

or other employees.

(5) Conducting follow-up evaluations of newly

implemented health and safety equipment or health and safety

procedures to assess effectiveness.

(6) Establishing a system to allow the committee members

to obtain safety-related proposals, reports of hazards or

other information directly from individuals involved in the

operation of the workplace.

(7) Developing operating procedures, including rules or

bylaws prescribing the committees' duties.

(8) Developing and maintaining membership lists.

(9) Developing a written agenda for meetings.

(10) Maintaining committee meeting attendance lists.

(11) Taking and maintaining minutes of a committee

meeting that the employer shall review. Copies of minutes

shall be posted or made available for all employees and shall

be sent to each committee member.

(12) Ensuring that the reports, evaluations and

proposals of the committees become part of the minutes of the

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meeting which shall include:

(i) Inspection reports.

(ii) Reports on specific hazards and corrective

measures taken.

(iii) Reports on workplace injuries or illnesses.

(iv) Management responses to committee reports.

(e) Committee meetings.--

(1) A quorum of committee members shall meet at least

monthly. A quorum shall consist of at least two-thirds

membership being present.

(2) All decisions made by the committee at a meeting

shall be made by a majority vote.

(f) Committee member training.--The employer shall provide

adequate, annual training programs for each committee member.

Committee member training shall at a minimum address:

(1) Hazard detection and inspection.

(2) Accident and illness prevention and investigation,

including substance abuse awareness and prevention training,

safety committee structure and operation.

(3) Other health and safety concerns specific to the

business of the employer.

(g) Committee training records.--An employer shall provide

verification of trainer qualifications to the industry workers'

rights coordinator appointed under subsection (j) and supplying,

as necessary, documentation supporting individual trainer

qualifications. The employer shall maintain written records of

facility health and safety committee training including:

(1) The names of committee members trained.

(2) The dates of training.

(3) The training time period.

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(4) The training methodology.

(5) The names and credentials of personnel conducting

the training.

(6) The names of training organizations sponsoring

training, if applicable.

(7) The training location.

(8) The training topics.

(h) Interference prohibited.--No employer may interfere with

the selection of employee representatives to serve on the

committee or the ability for employee representatives to perform

the duties authorized under this section.

(i) Loss of pay prohibited during training.--An employer

shall permit committee members to attend a training without loss

of pay.

(j) Industry workers' rights coordinator.--

(1) The secretary shall appoint in the department an

industry workers' rights coordinator to help enforce this

section.

(2) The coordinator shall review and investigate

complaints and make recommendations on worker health and

safety standards of employers in this Commonwealth.

(3) An employer shall provide the coordinator full

access to facility operations at times that employees are

performing job-related duties at the facility.

(4) The coordinator, either on the coordinator's

initiative or in response to a complaint, shall investigate

an employer's compliance with this section.

Section 6. Public health emergency response.

(a) General rule.--After a declaration of a public health

emergency, in consultation with the Secretary of Health, the

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department shall create and publish, in English, Spanish and any

language spoken by at least 5% of the workforce in this

Commonwealth, a model infectious disease exposure prevention

plan and a model infectious disease exposure prevention standard

to address the public health emergency specific to the

meatpacking and food processing industry to prevent infectious

disease exposure and spread, and to protect employees and the

food chain from exposure to infectious disease.

(b) Plan contents.--

(1) Each model infectious disease exposure prevention

plan and model infectious disease exposure prevention

standard shall take into account the types of risks present

at industry facilities including:

(i) A facility's maximum occupancy.

(ii) The proximity of workstations to each other and

the proximity of employees to each other.

(iii) Access to personal protective equipment.

(iv) The ability to socially distance while

performing job duties.

(2) Each model infectious disease exposure prevention

plan and model infectious disease exposure prevention

standard shall take into consideration all applicable

Federal, State and local established standards.

(3) The models shall include establishing requirements

on procedures and methods for:

(i) Employee health screenings.

(ii) Face coverings at no cost to the employee.

(iii) Required personal protective equipment

applicable to the industry for eyes, face, head and

extremities, protective clothing, respiratory devices and

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protective shields and barriers that shall be provided,

used and maintained in a sanitary and reliable condition

at the expense of the employer.

(iv) Accessible facility hand hygiene stations to

maintain healthy hand hygiene and that employers provide

adequate break times for workers to use hand-washing

facilities as needed.

(v) Regular cleaning and disinfecting of shared

equipment and frequently touched surfaces, including

workstations, equipment, door handles, railings and all

surfaces and washable items in other high-risk areas

including restrooms, dining areas, break rooms and locker

rooms.

(vi) Effective social distancing for employees as

the risk of illness may warrant, including options for

social distancing including sign postage or markers,

increasing physical space between workers at the

facility, limiting the maximum occupancy of facilities,

reconfiguring spaces where workers congregate or

implementing flexible work hours such as staggered

shifts.

(vii) Compliance with mandatory or precautionary

orders of isolation or quarantine that have been issued

to employees.

(viii) Compliance with applicable engineering

controls including proper air flow, exhaust ventilation

or other special design requirements.

(ix) Designation of one or more supervisory

employees to enforce compliance with the infectious

disease exposure prevention plan and other Federal, State

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or local guidance related to avoidance of spreading an

infectious disease as applicable to employees.

(x) Compliance with applicable laws, rules,

regulations, standards or guidance on notification to

employees and relevant Federal, State and local agencies

of potential exposure to infectious disease at the

facility.

(xi) Verbal review of infectious disease standards,

employer policies and employee rights under this section,

including an employee's right to an interpreter for the

purpose of reviewing infectious disease standards.

(xii) Anti-retaliation provisions.

Section 7. Employer duties during public health emergency.

(a) Adoption of plan.--

(1) Upon declaration of a public health emergency, an

employer shall adopt an infectious disease exposure

prevention plan either through adopting the model infectious

disease exposure prevention plan developed by the department

under section 6 that applies to the employer's industry or by

designing, adopting and implementing an infectious disease

exposure prevention plan that equals or exceeds the model

plan developed by the department.

(2) If the employer does not adopt the model plan, the

adopted plan shall be made in consultation with the designee

from the collective bargaining agreement, if any, and the

facility health and safety committee.

(b) Distribution of plan to employees.--

(1) Employers shall distribute, in writing, the

infectious disease prevention plan adopted under subsection

(a) to each employee in the language that the employee

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speaks, for each language spoken by at least 5% of the

workforce.

(2) The infectious disease prevention plan shall be

posted in visible and prominent locations within the

facility, including break areas, restrooms, dining areas and

locker rooms.

agent shall threaten, retaliate against or take adverse action

against an employee for:

(1) Exercising the employee's rights under this section

or under the applicable infectious disease exposure

prevention plan.

(2) Reporting violations of this section or the

applicable infectious disease exposure prevention plan to a

Federal, State or local government entity, public officer or

elected official.

(3) Reporting an infectious disease exposure concern to,

or seeking assistance or intervention with respect to

airborne infectious disease exposure concerns, to the

employer, Federal, State or local government entity, public

officer or elected official.

(4) Refusing to work where the employee reasonably

believes, in good faith, that the work exposes the employee,

or other workers or the public, to an unreasonable risk of

exposure to an infectious disease due to the existence of

working conditions that are inconsistent with law, rule,

policy or order of a governmental entity, including the

minimum standards provided by the model infectious disease

exposure prevention standard, if:

(i) the employee, another employee or employee

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representative notified the employer of the inconsistent

working conditions and the employer failed to cure the

conditions; or

(ii) the employer had or should have had reason to

know about the inconsistent working conditions and

maintained the inconsistent working conditions.

Section 8. Public health emergency paid sick time.

(a) Adoption of policy required.--

(1) During a public health emergency, an employer shall

adopt a paid sick time policy that provides not less than 80

additional hours to an employee to be used for an employee's

or immediate family member's exposure or infection to the

infectious disease related to the declaration.

(2) Public health emergency paid sick time shall be paid

at the regular rate of pay received.

(3) An employer may not require an employee to use paid

sick time provided under section 4 before utilizing public

health emergency paid sick time as provided under this

section.

(4) Public health emergency paid sick time may not be

carried forward and shall cease at the expiration of the

declaration of the public health emergency.

(5) An employer may not penalize an employee who

exercises the employee's rights under this section.

(b) (Reserved).

Section 9. Enforcement and penalties.

(a) Employer failure to comply.--

(1) Upon investigation and a determination by the

department that an employer failed to comply with the

provisions of section 5, the department may assess a civil

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penalty of $500 per day until the failure is cured. If the

employer does not cure the failure within 10 days, the

department may assess a civil penalty of not more than

$10,000 per day for every day exceeding 10 days.

(2) Upon investigation and determination that an

employer has failed to comply with the provisions of section

7, the department may assess a civil penalty of $500 per day

that the employer fails to adopt an infectious disease

exposure prevention plan, not to exceed $100,000 for failure

to comply with an adopted infectious disease exposure

prevention plan.

(b) Civil actions.--

(1) An employee may bring a civil action seeking

injunctive relief in a court of competent jurisdiction

against an employer alleged to have violated the infectious

disease exposure prevention plan in a manner that creates a

substantial probability that death or serious physical harm

could result from a condition which exists, unless the

employer did not and could not, with the exercise of

reasonable diligence, know of the presence of the violation.

(2) The court shall have jurisdiction to restrain the

violation and to order all appropriate relief, including

enjoining the conduct of the employer, awarding costs and

reasonable attorney fees to the employee and ordering payment

of liquidated damages of no greater than $10,000, unless the

employer can demonstrate a good faith belief that the

established and implemented health and safety measures were

in compliance with the applicable infectious disease exposure

prevention standard.

Section 10. Rules and regulations.

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The department may promulgate rules and regulations as

necessary to carry out the provisions of this act.

Section 11. Collective bargaining agreements.

Nothing in this act shall be construed to diminish the

rights, privileges or remedies of an employee under a collective

bargaining agreement. The provisions of this act may be waived

by a collective bargaining agreement provided that, for the

waiver to be valid, the waiver explicitly references the section

of this act that is waived.

Section 12. Abrogation of regulations.

Any and all regulations are abrogated to the extent of any

inconsistency with this act.

Section 13. Effective date.

This act shall take effect in 90 days.

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