H.R. 4896
119th CONGRESS 1st Session
To establish protections for warehouse workers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES · August 5, 2025 · Sponsor: Mr. Norcross
Sec. 1. Short title.
This Act may be cited as the Warehouse Worker Protection Act.
Sec. 2. Table of contents.
The table of contents for this Act is as follows:
- Sec. 1. Short title.
- Sec. 2. Table of contents.
- Title I—WAREHOUSE WORKER PROTECTIONS
- Sec. 101. Warehouse worker protections.
- Sec. 102. Definitions.
- Sec. 103. Enforcement by the Secretary of Labor.
- Sec. 104. Referral of complaints.
- Sec. 105. Enforcement by the FTC.
- Title II—NATIONAL LABOR RELATIONS ACT
- Sec. 201. Amendments to National Labor Relations Act.
- Sec. 202. National Labor Relations Board report.
- Title III—OSHA STANDARDS
- Sec. 301. Standard protecting covered employees from occupational risk factors causing musculoskeletal disorders.
- Sec. 302. Standard for protecting covered employees from delays in medical treatment referrals following injuries or illnesses.
- Sec. 303. Correction of serious, willful, or repeated violations pending contest and procedures for a stay.
- Sec. 304. Definitions.
- Title IV—MISCELLANEOUS PROVISIONS
- Sec. 401. Severability.
- Sec. 402. Preemption.
- Sec. 403. Authorization of appropriations.
Title I—WAREHOUSE WORKER PROTECTIONS
Sec. 101. Warehouse worker protections.
The Fair Labor Standards Act of 1938 is amended by inserting after section 4 () the following: 29 U.S.C. 204
- (a) In general
- There is established in the Wage and Hour Division of the Department of Labor the Fairness and Transparency Office.
- (b) Director of the fairness and transparency office
- The President shall appoint a Director of the Fairness and Transparency Office to head the Fairness and Transparency Office.
- (c) Employees and advisory boards of the office
- (1) In general
- The Director—
- may select, appoint, and employ, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals directly to positions in the competitive service, as defined in section 2102 of such title, to carry out the duties of the Director under this Act; and
- may fix the compensation of the individuals described in subparagraph (A) without regard to chapter 51 and subchapter III of of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. chapter 53
- The Director—
- (2) Fairness and transparency advisory board
- (A) In general
- The Director shall establish a Fairness and Transparency Advisory Board to advise and consult on the exercise of the functions of the Director under this Act and under the Warehouse Worker Protection Act.
- (B) Composition
- The Fairness and Transparency Advisory Board established under subparagraph (A) shall be composed of—
- (i) as the Director determines appropriate, covered employers and covered employees or representatives of covered employers and covered employees; and
- (ii) at least one of each of the following:
- Worker protection experts.
- Civil rights experts.
- Health and safety experts.
- Workplace technology experts.
- Disability law experts.
- Representatives of labor organizations.
- Representatives of worker advocacy organizations.
- The Fairness and Transparency Advisory Board established under subparagraph (A) shall be composed of—
- (C) Appointments
- The Director shall—
- (i) appoint members to the advisory board established under subparagraph (A); and
- (ii) ensure a partisan balance in the membership of the advisory board.
- The Director shall—
- (D) Meetings
- The advisory board established under subparagraph (A) shall meet—
- (i) at the call of the Director; and
- (ii) not less than 2 times annually.
- The advisory board established under subparagraph (A) shall meet—
- (E) Compensation and travel expenses
- A member of the Fairness and Transparency Advisory Board established under subparagraph (A) who is not an officer or employee of the Federal Government shall—
- (i) be entitled to receive compensation at a rate fixed by the Director while attending meetings of the advisory board, including travel time; and
- (ii) receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of of title 5, United States Code. chapter 57
- A member of the Fairness and Transparency Advisory Board established under subparagraph (A) who is not an officer or employee of the Federal Government shall—
- (F) Exemption from the Federal advisory committee act
- The Fairness and Transparency Advisory Board established under subparagraph (A) shall be exempt from of title 5, United States Code (commonly known as the ).
Federal Advisory Committee Actchapter 10
- The Fairness and Transparency Advisory Board established under subparagraph (A) shall be exempt from of title 5, United States Code (commonly known as the ).
- (G) Definitions of covered employee and covered employer
- In this paragraph, the terms and have the meanings given such terms in section 102(a) of the Warehouse Worker Protection Act.
covered employee,covered employer
- In this paragraph, the terms and have the meanings given such terms in section 102(a) of the Warehouse Worker Protection Act.
- (A) In general
- (3) Use of voluntary services
- The Director may, as may from time to time be needed, use any voluntary or uncompensated services.
- (4) Attorneys
- Attorneys appointed under this subsection or the Solicitor of Labor may appear for and represent the Director in any litigation.
- (1) In general
- (d) Rulemaking
- (1) In general
- The Secretary, acting through the Director and the Administrator of the Wage and Hour Office, may issue orders and guidance or promulgate regulations as may be necessary or appropriate to enable the Secretary to carry out the purposes and objectives of the Warehouse Worker Protection Act, and to prevent evasions thereof.
- (2) Consultation
- In issuing orders and guidance or promulgating regulations under this subsection, the Secretary, acting through the Director and the Administrator of the Wage and Hour Office, may consult with the Occupational Safety and Health Administration and Federal agencies that have jurisdiction over labor and employment issues, including the Equal Employment Opportunity Commission, the National Labor Relations Board, the National Mediation Board, and the Merit Systems Protection Board.
- (1) In general
Sec. 102. Definitions.
For purposes of sections 301 and 302, the terms , , , and have the meanings given such terms in section 102(a). covered employee,covered employer,covered facility,designated employee representative
Sec. 103. Enforcement by the Secretary of Labor.
The Fair Labor Standards Act of 1938 is amended—
- in section 9 (), by striking
or investigationand inserting, investigation, or inspection; 29 U.S.C. 209 - in section 11 (), by adding at the end the following: 29 U.S.C. 211
- (e)
- The Secretary, acting through the Director of the Fairness and Transparency Division, shall, as provided in subsection (a) and paragraph (2), investigate violations of section 102 of the Warehouse Worker Protection Act, including any violations of any regulation or order issued with respect to that section.
- In addition to powers otherwise provided to the Secretary under subsection (a), the Secretary, in investigating violations of section 102 of the Warehouse Worker Protection Act, may upon presenting appropriate credentials to the owner, operator, or agent in charge—
- enter without delay and at reasonable times any covered facility of a covered employer; and
- inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such covered facility and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such covered employer, owner, operator, agent, or covered employee.
- (3)
- In conducting an inspection during an investigation into a violation of section 102 of the Warehouse Worker Protection Act, the Secretary shall permit, at the request of a covered employee, a representative of a labor organization or a worker advocacy organization, or another designee of the covered employee, to accompany any inspectors during such inspection.
- A covered employee may, regardless of the relationship between the covered employee and the labor organization, worker advocacy organization, or other designee, anonymously request to the Secretary that the Secretary permit a representative of such labor organization, worker advocacy organization, or other designee accompany inspectors during an inspection in accordance with paragraph (1).
- (f)
- Not later than 30 days after an event described in paragraph (2), the Secretary shall open an investigation under this section (that includes an on-site inspection) into any covered employer to determine if such covered employer is violating section 102 of the Warehouse Worker Protection Act.
- An event described in this paragraph is, with respect to a covered employer, either of the following:
- The Secretary determines that the covered employer—
- (i) has an annual total of employee work hours that is not less than 40,000 hours; and
- (ii) has an annual employee injury rate, overall or at a worksite, that is not less than 1.5 times the warehousing industry’s average annual injury rate, as determined by the Bureau of Labor Statistics in the most recent (as of such determination) publication regarding fatal and nonfatal occupational injuries and illnesses data.
- The Secretary receives, during any one-year period, not less than—
- (i) 5 credible complaints from covered employees of the covered employer, individuals who were covered employees of the covered employer, or designated representatives of such covered employees or individuals, about violations under section 102 of the Warehouse Worker Protection Act at a worksite; or
- (ii) 10 credible complaints from covered employees of the covered employer, individuals who were covered employees of the covered employer, or designated representatives of such covered employees or individuals, about such violations at multiple worksites operated by the covered employer.
- The Secretary determines that the covered employer—
- In conducting an investigation under paragraph (1), the Secretary shall select representatives of a labor organization or a worker advocacy organization who have specific knowledge of the relevant industry to conduct outreach to workers with respect to such investigation and aid and accompany investigators in such investigation.
- For purposes of subsections (e) and (f), the terms ‘covered employee’, ‘covered employer’, and ‘covered facility’ have the meanings given such terms in section 102(a) of the Warehouse Worker Protection Act.
- (e)
- in section 15(a) ()— 29 U.S.C. 215(a)
- in paragraph (5), by striking and inserting a semicolon;
- in paragraph (6), by striking the period at the end and inserting
; and; and- to violate any of the provisions of section 102 of the Warehouse Worker Protection Act.
- by adding at the end the following:
- in section 16 ()— 29 U.S.C. 216
- in subsection (b)—
- (i) by inserting after each place it appears;
- (ii) in the second sentence—
- by striking
of this Act shalland insertingshall; and - by inserting before the period at the end of the sentence; and
- (iii) in the fifth sentence, by striking
Noand insertingExcept with respect to an action brought regarding a violation of section 102 of the Warehouse Worker Protection Act, no;
- in subsection (e)—
- (i) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively;
- (ii) by inserting after paragraph (2), the following:
- Any person who violates section 102 of the Warehouse Worker Protection Act shall be subject to a civil penalty—
- in an amount not more than $76,987 per violation; or
- for repeat or willful violations, in an amount not more than $769,870 per violation.
- Any person who violates section 102 of the Warehouse Worker Protection Act shall be subject to a civil penalty—
- (iii) in paragraph (4)(C), as so redesignated, by striking
section 15(a)(4)and insertingparagraph (4) or (7) of section 15(a); and - (f) Administrative complaints regarding warehouse worker protections
- (1) In general
- A covered employee or an individual who was a covered employee may—
- file a complaint of a violation of section 102 of the Warehouse Worker Protection Act with the Secretary; and
- designate a representative of a labor organization or worker advocacy organization, regardless of the relationship between the covered employee or individual and the labor organization or worker advocacy organization, to—
- (i) file the complaint on behalf of the covered employee or individual; or
- (ii) represent the covered employee or individual for purposes of engagement with the Secretary regarding such complaint, including being present at employee interviews and participating in workplace inspections, conferences, and settlement negotiations.
- A covered employee or an individual who was a covered employee may—
- (2) Definition of covered employee
- For purposes of paragraph (1), the term
covered employeehas the meaning given such term in section 102(a) of the Warehouse Worker Protection Act.
- For purposes of paragraph (1), the term
- (1) In general
- (g) Exemption from the federal arbitration act regarding warehouse worker protections
- (1) In general
- Notwithstanding of title 9, United States Code (commonly known as the ), no predispute arbitration agreement or predispute joint-action waiver (as those terms are defined in section 401 of title 9, United States Code) shall be valid or enforceable with respect to claims arising under this Act for violations of section 102 of the Warehouse Worker Protection Act.
Federal Arbitration Actchapter 1
- Notwithstanding of title 9, United States Code (commonly known as the ), no predispute arbitration agreement or predispute joint-action waiver (as those terms are defined in section 401 of title 9, United States Code) shall be valid or enforceable with respect to claims arising under this Act for violations of section 102 of the Warehouse Worker Protection Act.
- (2) Arbitration pursuant to a collective bargaining agreement
- Nothing in this subsection shall limit the enforceability of any arbitration provision in a collective bargaining agreement between a covered employer (as defined in section 102(a) of the Warehouse Worker Protection Act) and a labor organization.
- (1) In general
- (h) Exception from class action prerequisites for actions regarding warehouse worker protections
- An employee who brings an action for a violation of section 102 of the Warehouse Worker Protection Act on behalf of employees similarly situated shall be considered to have satisfied paragraphs (1) through (4) of rule 23(a) of the Federal Rules of Civil Procedure for purposes of such an action.
- by adding at the end the following:
- in subsection (b)—
Sec. 104. Referral of complaints.
- (a) Memorandum of understanding
- The Director of the Fairness and Transparency Office established by section 5 of the Fair Labor Standards Act of 1938 (as added by section 101) and the Administrator of the Wage and Hour Office of the Department of Labor shall jointly enter into a memorandum of understanding with the Assistant Secretary of Labor for Occupational Safety and Health to encourage efficient enforcement of relevant labor laws, including through information sharing, referral of complaints, and cross-training of inspectors and investigators. The memorandum of understanding shall encourage coordination of enforcement activity in States enforcing relevant labor law under a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (). 29 U.S.C. 667
- (b) Referral of complaints and cross-Training
- The Director of the Fairness and Transparency Office shall, to the greatest extent possible—
- encourage the referral of relevant complaints from and to the Equal Employment Opportunity Commission, the National Institute for Occupational Safety and Health, the Environmental Protection Agency, the National Labor Relations Board, and other Federal and State agencies that may conduct inspections related to occupational health and safety in covered facilities (as defined in section 102(a) of the Warehouse Worker Protection Act); and
- promote cross-training of inspectors and investigators in the Equal Employment Opportunity Commission, National Institute for Occupational Safety and Health, Environmental Protection Agency, and such other Federal and State agencies for inspections related to working conditions in such covered facilities.
- The Director of the Fairness and Transparency Office shall, to the greatest extent possible—
Sec. 105. Enforcement by the FTC.
- (a) Unfair or deceptive acts or practices
- A violation of section 102 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (). 15 U.S.C. 57a(a)(1)(B)
- (b) Powers of the FTC
- (1) In general
- The Federal Trade Commission (in this section referred to as the Commission) shall enforce section 102 and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act () were incorporated into and made a part of this Act. 15 U.S.C. 41 et seq.
- (2) Privileges and immunities
- Any person who violates section 102 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (). 15 U.S.C. 41 et seq.
- (3) Authority preserved
- Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
- (4) Rulemaking
- The Commission may promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section.
- (1) In general
Title II—NATIONAL LABOR RELATIONS ACT
Sec. 201. Amendments to National Labor Relations Act.
- (a) In general
- Section 8(a) of the National Labor Relations Act () is amended— 29 U.S.C. 158
- in paragraph (5) by striking the period at the end and inserting
; and; and- to impose on an employee a quota that significantly discourages or prevents, or is intended to significantly discourage or prevent, an employee from exercising the rights guaranteed in section 7.
- by adding at the end the following:
- in paragraph (5) by striking the period at the end and inserting
- Section 8(a) of the National Labor Relations Act () is amended— 29 U.S.C. 158
- (b) Presumption of retaliation
- Section 8 of the such Act () is amended by adding at the end the following: 29 U.S.C. 158
- (h) Presumption of retaliation related to a quota
- Any action to impose a quota on an employee that is taken against the employee within 90 days of an employee exercising the rights guaranteed in section 7 shall establish a rebuttable presumption that the action is discrimination against the employee in violation of subsection (a)(6).
- (h) Presumption of retaliation related to a quota
- Section 8 of the such Act () is amended by adding at the end the following: 29 U.S.C. 158
- (c) Definitions
- Section 2 such Act () is amended by adding at the end the following: 29 U.S.C. 152
- (15) Quota
- (A) In general
- The term
quotameans a performance standard or performance target, including such a standard or target used to rank an employee in relation to the performance of another employee or in relation to the past performance of the employee, under which— - (i)
- an employee is actually or effectively assigned, required, or expected within a defined time period (with or without any reasonable accommodation provided under Federal, State, or local law) to—
- perform—
- a quantified number of tasks; or
- at a specified productivity speed; or
- handle or produce a quantified amount of material without a certain number of errors or defects; and
- such assignment, requirement, or expectation is measured at the individual or group level for such defined time period;
- (ii) actions by an employee are categorized and measured between time performing tasks and not performing tasks within a defined time period; or
- (iii) increments of time of a defined time period during which an employee is or is not doing a particular activity are measured, recorded, or tallied.
- The term
- (B) Defined time period
- For purposes of subparagraph (A), the term
defined time periodmeans any unit of time measurement equal to or less than one day, including hours, minutes, and seconds and any fraction thereof.
- For purposes of subparagraph (A), the term
- (A) In general
- (15) Quota
- Section 2 such Act () is amended by adding at the end the following: 29 U.S.C. 152
Sec. 202. National Labor Relations Board report.
The National Labor Relations Board shall—
- examine cases in which a quota (as such term is defined in section 2 of the National Labor Relations Act ()) was used as a reason to deny a worker rights under the National Labor Relations Act; and 29 U.S.C. 152
- as often as practicable, submit a report on such cases to—
- the Committee on Health, Education, Labor, and Pensions of the Senate; and
- the Committee on Education and Workforce of the House of Representatives.
Title III—OSHA STANDARDS
Sec. 301. Standard protecting covered employees from occupational risk factors causing musculoskeletal disorders.
- (a) Proposed standard
- Not later than 3 years after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (), publish in the Federal Register a proposed standard for ergonomic program management for covered employers with respect to covered employees, including requirements for— 29 U.S.C. 655
- hazard identification and ergonomic job evaluations for covered employees, including requirements for covered employee and designated employee representative participation in such identification with the aim of maximizing such participation;
- hazard control at covered facilities, which may rely on the principles of the hierarchy of controls and which may include measures such as equipment and workstation redesign, work pace reductions, or job rotation to less forceful or repetitive jobs;
- training for covered employees regarding covered employer activities, occupational risk factors, and training on controls and recognition of symptoms of musculoskeletal disorders; and
- medical management for covered employees that includes—
- encouraging early reporting of musculoskeletal disorder symptoms;
- first aid delivered by those operating under State licensing requirements; and
- systematic evaluation and early referral for medical attention.
- Not later than 3 years after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (), publish in the Federal Register a proposed standard for ergonomic program management for covered employers with respect to covered employees, including requirements for— 29 U.S.C. 655
- (b) Final standard
- Not later than 4 years after the date of enactment this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (), publish in the Federal Register a final standard based on the proposed standard under subsection (a). 29 U.S.C. 655
Sec. 302. Standard for protecting covered employees from delays in medical treatment referrals following injuries or illnesses.
- (a) Proposed standard
- Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (), publish in the Federal Register a proposed standard requiring that— 29 U.S.C. 655
- all covered employers have a person readily available at the covered facility of the covered employer who is adequately trained to render first aid and ensure that such person provides first aid to any injured or ill covered employee and, without delay, refers any such covered employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional for such treatment; and
- all covered employers provide to the covered employees of the covered employer occupational medicine consultation services through a physician who is board certified in occupational medicine, which services shall include—
- regular review of any health and safety program, medical management program, or ergonomics program of the covered employer;
- review of any work-related injury or illness of a covered employee;
- providing onsite health services for treatment of such injury or illness; and
- consultation referral to a local health care provider for treating such injury or illness.
- Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (), publish in the Federal Register a proposed standard requiring that— 29 U.S.C. 655
- (b) Final standard
- Not later than 3 years after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (), publish in the Federal Register a final standard based on the proposed standard under subsection (a). 29 U.S.C. 655
Sec. 303. Correction of serious, willful, or repeated violations pending contest and procedures for a stay.
- (a) In general
- Section 10 of the Occupational Safety and Health Act of 1970 () is amended by adding at the end the following: 29 U.S.C. 659
- (d) Correction of serious, willful, or repeated violations pending contest and procedures for a stay
- (1) Period permitted for correction of serious, willful, or repeated violations
- For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation.
- (2) Filing of a motion of contest
- The filing of a notice of contest by an employer shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated.
- (3) Criteria and rules of procedure for stays
- (A) Motion for a stay
- An employer that receives a citation alleging a violation designated as serious, willful, or repeated and that files a notice of contest to the citation asserting that the time set for abatement of the alleged violation is unreasonable or challenging the existence of the alleged violation may file with the Commission a motion to stay the period for the abatement of the violation.
- (B) Criteria
- In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission may grant a stay only if the employer has demonstrated—
- (i) a substantial likelihood of success on the areas contested under subparagraph (A); and
- (ii) that a stay will not adversely affect the health and safety of employees.
- In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission may grant a stay only if the employer has demonstrated—
- (C) Rules of procedure
- The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph (A) on an expedited basis. At a minimum, such rules shall provide the following:
- (i) That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer).
- (ii) That a decision of an administrative law judge on a motion for stay is rendered on a timely basis.
- (iii) That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge’s decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission.
- (iv) For notification to employees or representatives of affected employees of requests for such hearings, and to provide an opportunity for affected employees or representatives of affected employees to participate as parties to such hearings.
- The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph (A) on an expedited basis. At a minimum, such rules shall provide the following:
- (A) Motion for a stay
- (1) Period permitted for correction of serious, willful, or repeated violations
- (d) Correction of serious, willful, or repeated violations pending contest and procedures for a stay
- Section 10 of the Occupational Safety and Health Act of 1970 () is amended by adding at the end the following: 29 U.S.C. 659
- (b) Conforming amendments
- (1) In general
- The Occupational Safety and Health Act of 1970 is amended—
- in the first sentence of section 10(b) (), by inserting after ; and 29 U.S.C. 659(b)
- in section 17 () by striking subsection (d) and inserting the following: 29 U.S.C. 666
- Any employer who fails to correct a violation designated by the Secretary as serious, willful, or repeated and for which a citation has been issued under section 9(a) within the period permitted for its correction (and a stay has not been issued by the Commission under section 10(d)) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. Any employer who fails to correct any other violation for which a citation has been issued under section 9(a) of this title within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 10 initiated by the employer in good faith and not solely for delay of avoidance of penalties) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues.
- The Occupational Safety and Health Act of 1970 is amended—
- (2) Adjustment under the Federal civil penalties inflation adjustment act of 1990
- (A) Catch-up
- Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall adjust the maximum amounts described in subsection (d) of section 17 of the Occupational Safety and Health Act of 1970 (), as amended by paragraph (1)(B), so that each such amount equals the maximum amount of the civil penalty under such subsection (as in effect on the day before such date of enactment) as adjusted by section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990 ( note). 29 U.S.C. 666; 28 U.S.C. 2461
- (B) Subsequent adjustments
- Subparagraph (A) and the amendment made by this paragraph (1)(B) shall not be construed to affect the application of the Federal Civil Penalties Inflation Adjustment Act of 1990 ( note) to the civil penalty amount under section 17(d) of the Occupational Safety and Health Act of 1970 () for any adjustment under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990 ( note) after the catch-up adjustment made by the Secretary of Labor under subparagraph (A). 28 U.S.C. 2461; 29 U.S.C. 666; 28 U.S.C. 2461
- (A) Catch-up
- (1) In general
Sec. 304. Definitions.
Title IV—MISCELLANEOUS PROVISIONS
Sec. 401. Severability.
If any provision of this Act (including an amendment made by this Act) or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act (including the amendments made by this Act), or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.
Sec. 402. Preemption.
- (a) Interaction with other laws
- Nothing in this Act (including the amendments made by this Act) or the regulations promulgated under this Act shall be construed to supersede or preempt any law or ordinance of a State, or political subdivision of a State, that requires limitations on any quota for a covered employee of a covered employer that are comparable to or greater than the protections provided in this Act.
- (b) Collective bargaining agreements
- Nothing in this Act (including the amendments made by this Act) or the regulations promulgated under this Act shall be construed to supersede or preempt employment terms or conditions agreed upon in collective bargaining agreements that are more beneficial to a covered employee.
- (c) OSHA
- No action by the Director under this Act (including the amendments made by this Act) shall be construed as an exercise of statutory authority within the meaning of section 4(b)(1) of the Occupational Safety and Health Act of 1970 (). 29 U.S.C. 653(b)(1)
- (d) Definitions
- For purposes of this section, the terms , , , , and have the meanings given such terms in section 102(a).
Director,covered employee,covered employer,designated employee representative,quota
- For purposes of this section, the terms , , , , and have the meanings given such terms in section 102(a).
Sec. 403. Authorization of appropriations.
There is authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2025 through 2035.