HB 1923 — An Act providing for regulation of the meat packing 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 imposing penalties.

Public health emergency response.

(a) Model plan.--After a declaration of a public health emergency, the department, in consultation with the Secretary of Health, 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 meat packing and food processing industry to prevent infectious 20250HB1923PN2402 - 10 - disease exposure, 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 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 20250HB1923PN2402 - 11 - 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 or local guidelines related to avoidance of spreading an infectious disease as applicable to employees.

(x) Compliance with applicable laws, rules, regulations, standards or guidelines on notification to employees and relevant Federal, State and local agencies of potential exposure to infectious disease at the 20250HB1923PN2402 - 12 - 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 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.

20250HB1923PN2402 - 13 - (c) Adverse action prohibited.--An employer or employer's agent may not 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, 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 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.

20250HB1923PN2402 - 14 - Section 8.

Public health emergency unpaid sick time.

(a) Adoption of policy required.-- (1) During a public health emergency, an employer shall adopt an unpaid 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) An employer may not require an employee to use unpaid sick time provided under section 4 before utilizing public health emergency unpaid sick time as provided under this section.

(3) Public health emergency unpaid sick time may not be carried forward and shall cease at the expiration of the declaration of the public health emergency.

(b) (Reserved).

Section 9.

Section 10.7.

(a) Employer failure to comply.-- (1) Upon investigation and a determination by the department that an employer failed to comply with thethis provisionsact, of section 3, 4, 5 or 9, the department may assess an administrative 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 an administrative penalty of not more than $10,000 per day for 20250HB1923PN4018 - 9 - every day exceeding 10 days.

(2)Section Upon8. investigation and determination that an 20250HB1923PN2402 - 15 - employer has failed to comply with the provisions of section 7, the department may assess an administrative 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 know and could not have known, with the exercise of reasonable diligence, 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 11.

Section 12.9.

Nothing in this act shall be construed to diminish the 20250HB1923PN2402 - 16 - rights, privileges or remedies of an employee under a collective bargaining agreement.

Section 13.10.

Section 14.11.

20250HB1923PN2402SECTION -1. 17 -

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 20250HB1923PN4018 - 10 - COMMONWEALTH.

"EMPLOYEE." AN INDIVIDUAL WHO IS EMPLOYED BY AN EMPLOYER.

"EMPLOYER." A BUSINESS THAT EMPLOYS 100 OR MORE EMPLOYEES AT A SINGLE FACILITY, INCLUDING INDEPENDENT CONTRACTORS AND EMPLOYEES HIRED BY A TEMPORARY HIRING OR STAFFING AGENCY LOCATED IN THIS COMMONWEALTH, AND MEETS ALL OF THE FOLLOWING CRITERIA:

(1) THE BUSINESS IS ANY OF THE FOLLOWING:

(I) LICENSED UNDER THE ACT OF JULY 9, 1968 (P.L.304, NO.151), KNOWN AS THE PENNSYLVANIA MEAT AND POULTRY HYGIENE LAW OF 1968.

(II) A FOOD ESTABLISHMENT SUBJECT TO 3 PA.C.S.

CH.

57 SUBCH.

B (RELATING TO FOOD SAFETY).

(III) SUBJECT TO INSPECTION BY THE FOOD SAFETY INSPECTION SERVICE UNDER 21 U.S.C.

CH.

12 (RELATING TO MEAT INSPECTION) OR 15 (RELATING TO EGG PRODUCTS INSPECTION).

(2) THE BUSINESS IS REGISTERED AS A FOOD FACILITY UNDER THE PUBLIC HEALTH SECURITY AND BIOTERRORISM PREPAREDNESS AND RESPONSE ACT OF 2002 (PUBLIC LAW 107-188, 116 STAT.

594).

FOR THE PURPOSE OF THIS PARAGRAPH, THE TERM "FOOD FACILITY" SHALL HAVE THE SAME MEANING AS "FACILITY" UNDER 21 CFR PT.

1 SUBPT.

H (RELATING TO REGISTRATION OF FOOD FACILITIES) AS OF MAY 1, 2026.

"FACILITY." THE LOCATION OF AN EMPLOYER WHERE THE EMPLOYEES PERFORM JOB-RELATED DUTIES OR THE FOLLOWING OCCURS, BUT SHALL NOT BE LIMITED TO THE FOLLOWING:

(1) SLAUGHTERING OR BUTCHERING;

(2) MEAT CANNING, MEAT PACKING OR MEAT MANUFACTURING;

(3) POULTRY CANNING, PACKING OR MANUFACTURING;

(4) PET FOOD MANUFACTURING;

20250HB1923PN4018 - 11 - (5) EGG PRODUCTION;

(6) PROCESSING OF MEAT PACKING PRODUCTS;

(7) COMMERCIAL PACKAGING;

(8) THE MAKING, COOKING, MIXING, PROCESSING, BOTTLING, BAKING, CANNING, FREEZING, PACKING OR RENDERING OF MEAT PRODUCTS;

OR (9) THE MAKING, COOKING, MIXING, PROCESSING, BOTTLING, BAKING, CANNING, FREEZING, PACKING OR RENDERING OF PRODUCTS INTENDED FOR HUMAN CONSUMPTION.

"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).

"SECRETARY." THE SECRETARY OF LABOR AND INDUSTRY OF THE COMMONWEALTH.

SECTION 3.

TRAINING PROVIDED BY EMPLOYER.

(A) LANGUAGE.--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 UNDER 29 U.S.C.

CH.

15 (RELATING TO OCCUPATIONAL SAFETY AND HEALTH) AND RELATED FEDERAL REGULATIONS.

(2) THE EMPLOYEE'S RIGHT TO SEEK MEDICAL CARE FOR INJURIES THAT OCCUR AS A RESULT OF EMPLOYMENT UNDER THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION ACT.

(3) A SUMMARY OF THE RIGHTS AND REQUIREMENTS UNDER 29 20250HB1923PN4018 - 12 - U.S.C.

CH.

15 AND RELATED FEDERAL REGULATIONS.

(4) THE FACILITY HEALTH AND SAFETY COMMITTEE ESTABLISHED UNDER SECTION 5.

(5) THE EMPLOYEE'S RIGHT TO SEEK WORKERS' COMPENSATION FOR WORK-RELATED INJURIES.

(B) TRAINING PROVIDED.-- (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.

(5) AN EMPLOYEE SHALL BE PAID THE REGULAR RATE OF PAY DURING TRAINING.

SECTION 4.

EMERGENCY MEDICAL TRANSPORTATION BENEFITS.

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-OF-POCKET EXPENSES NOT COVERED BY AN INSURANCE PLAN ASSOCIATED WITH THE EMERGENCY MEDICAL TRANSPORTATION.

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 20250HB1923PN4018 - 13 - 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.

IF MORE THAN TWO EMPLOYEES ARE REQUIRED TO REPRESENT EACH DEPARTMENT OF THE WORKPLACE, THE EMPLOYER SHALL REQUIRE AT LEAST ONE EMPLOYEE FROM EACH DEPARTMENT TO BE REPRESENTED ON THE COMMITTEE.

(3) EMPLOYER-REPRESENTATIVES MUST BE INDIVIDUALS WHO, REGARDLESS OF JOB TITLE OR LABOR ORGANIZATION AFFILIATION, 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.

(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 20250HB1923PN4018 - 14 - REPRESENTATIVES WHO ARE NOT EMPLOYEES AT THE FACILITY.

(C) COMMITTEE FORMATION.-- (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-REPRESENTATIVES 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.

(6) COMMITTEES ESTABLISHED UNDER THIS SECTION ARE ADVISORY ONLY AND SHALL NOT CONSTITUTE OR BE DEEMED A LABOR ORGANIZATION, EMPLOYEE REPRESENTATIVE OR BARGAINING REPRESENTATIVE UNDER 29 U.S.C.

CH.

7 SUBCH.

II (RELATING TO NATIONAL LABOR RELATIONS).

(D) COMMITTEE RESPONSIBILITIES.--THE FACILITY HEALTH AND SAFETY COMMITTEE SHALL HAVE THE FOLLOWING RESPONSIBILITIES:

(1) IDENTIFY AND COMMUNICATE THE ACCIDENT AND ILLNESS PREVENTION CONCERNS OF EMPLOYEES FOR THE EMPLOYER.

(2) REVIEW THE EMPLOYER'S HAZARD DETECTION AND ACCIDENT 20250HB1923PN4018 - 15 - AND ILLNESS PREVENTION PROGRAMS AND FORMULATE WRITTEN PROPOSALS.

(3) ESTABLISH 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) CONDUCT A 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) CONDUCT FOLLOW-UP EVALUATIONS OF NEWLY IMPLEMENTED HEALTH AND SAFETY EQUIPMENT OR HEALTH AND SAFETY PROCEDURES TO ASSESS EFFECTIVENESS.

(6) ESTABLISH 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) DEVELOP OPERATING PROCEDURES, INCLUDING RULES OR BYLAWS PRESCRIBING THE COMMITTEE'S DUTIES.

(8) DEVELOP AND MAINTAIN MEMBERSHIP LISTS.

(9) DEVELOP A WRITTEN AGENDA FOR MEETINGS.

(10) MAINTAIN COMMITTEE MEETING ATTENDANCE LISTS.

(11) TAKE AND MAINTAIN MINUTES OF COMMITTEE MEETINGS 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) ENSURE THAT THE REPORTS, EVALUATIONS AND PROPOSALS OF THE COMMITTEE BECOME PART OF THE MINUTES OF THE MEETING 20250HB1923PN4018 - 16 - 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 OF COMMITTEE MEMBERS 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 SUPPLY, 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.

20250HB1923PN4018 - 17 - (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 AN INDUSTRY WORKERS' RIGHTS COORDINATOR TO THE DEPARTMENT TO HELP ENFORCE THIS ACT.

(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 ACT.

SECTION 6.

ANTI-RETALIATION.

AN EMPLOYER MAY NOT PENALIZE, DISCRIMINATE AGAINST, DISMISS OR DISCHARGE AN EMPLOYEE FOR EXERCISING ANY OF THE EMPLOYEE'S 20250HB1923PN4018 - 18 - RIGHTS UNDER THIS ACT.

SECTION 7.

ENFORCEMENT AND PENALTIES.

UPON INVESTIGATION AND A DETERMINATION BY THE DEPARTMENT THAT AN EMPLOYER FAILED TO COMPLY WITH THIS ACT, THE DEPARTMENT MAY ASSESS AN ADMINISTRATIVE 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 AN ADMINISTRATIVE PENALTY OF NOT MORE THAN $10,000 PER DAY FOR EVERY DAY EXCEEDING 10 DAYS.

SECTION 8.

REGULATIONS.

THE DEPARTMENT MAY PROMULGATE REGULATIONS AS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT.

SECTION 9.

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.

UPON MUTUAL AGREEMENT WITH A UNION CURRENTLY REPRESENTING OR NEGOTIATING THE TERMS OF A CONTRACT FOR REPRESENTATION OF THE EMPLOYEES AT THE FACILITY, AN EMPLOYER MAY OPT OUT OF THE PROVISIONS OF THIS ACT.

THE MUTUAL AGREEMENT SHALL BE IN WRITING AND SHALL BE BINDING AGAINST THE EMPLOYER AND THE UNION TO THE FULL EXTENT OF A COLLECTIVE BARGAINING AGREEMENT.

SECTION 10.

ABROGATION OF REGULATIONS.

ANY AND ALL REGULATIONS ARE ABROGATED TO THE EXTENT OF ANY INCONSISTENCY WITH THIS ACT.

SECTION 11.

EFFECTIVE DATE.

THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

20250HB1923PN4018 - 19 -