Rule on increased line speeds at meat and poultry establishments

(a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Service. (2) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health. (3) Director The term Director means the Director of the National Institute for Occupational Safety and Health. (4) Secretary The term Secretary means the Secretary of Agriculture. (5) Service The term Service means the Food Safety Inspection Service. (b) Rule on waivers (1) In general 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 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— (A) agrees to an inspection conducted by the Assistant Secretary or the Director for the purposes of the waiver; and (B) 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. (2) Inspections An inspection conducted by the Assistant Secretary or the Director under paragraph (1)(A) shall include— (A) 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— (i) per minute; and (ii) per hour; (B) an assessment of the current rates of musculoskeletal disorders in the covered establishment; (C) a review of current efforts at the covered establishment to mitigate the disorders referred to in subparagraph (B), including a review of how medical personnel at the covered establishment manage those disorders; and (D) 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). (3) 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 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. (4) Effect on State law (A) In general This subsection shall not preempt or limit any law or regulation of a State or a political subdivision of a State that— (i) imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection; or (ii) creates penalties for conduct regulated by this subsection. (B) Other laws The requirements of this subsection are in addition to, and not in lieu of, any other laws protecting worker safety and animal welfare. (c) Transparency in rulemaking 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— (1) 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 (2) 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. (d) Evaluation of rulemaking and policies In evaluating the impact of any rulemaking or policy, the Secretary shall request that the Director conduct an evaluation of the rulemaking or policy that includes a review of— (1) current safety conditions and injuries and illnesses at the applicable covered establishments, including medical exams and medical histories; (2) whether the policy proposals will increase the pace of work for any employee at the applicable covered establishments; and (3) whether, and the extent to which, the policy proposals will impact worker safety. (e) Report on implementation of rules (1) In general 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— (A) line speeds at covered establishments; (B) worker safety and health at covered establishments; (C) ergonomic aspects of jobs at covered establishments; and (D) staffing levels that will ensure worker safety at covered establishments. (2) Requirement A report under paragraph (1) shall include— (A) the results of a study carried out by an industrial engineer on every type of job at covered establishments impacted by the applicable rule; (B) a determination of the industrial engineer of the number of workers needed— (i) to do each job safely; and (ii) to operate the covered establishment at different line speeds; and (C) a job crewing report prepared by the industrial engineer.