S. 4995 — Agricultural Worker Justice Act of 2026

This section prohibits the Secretary of Agriculture from issuing waivers for higher line speeds at meat and poultry establishments unless the Assistant Secretary of Labor for Occupational Safety and Health or the Director of the National Institute for Occupational Safety and Health first conducts an ergonomic inspection and certifies no adverse impact on worker safety. It bars any use of funds to increase line speeds, requires NIOSH evaluations of safety and work pace effects during rulemaking, and mandates a report to Congress within one year that includes industrial engineer studies of staffing needs at affected establishments.

This section establishes definitions for this part. It defines covered entities to include respondents under Title VII of the Civil Rights Act of 1964 as well as congressional employing offices, certain executive branch offices, state government employers, and federal agencies; employees to include applicants in those contexts; legally protected leave under federal, state, or local law; and no-fault attendance policies that assess points or deductions for absences, tardiness, or early departures resulting in progressive discipline.

This section prohibits covered entities from maintaining no-fault attendance policies unless the policies are distributed in writing in each employee’s primary language within 90 days for current employees and upon hire for new employees, updated within 30 days of any changes, made accessible at and outside the workplace, and explicitly state that no points or discipline apply to legally protected leave. The policies must also reference and detail all applicable federal, state, and local protected-leave laws, including the ADA, FMLA, and USERRA, and identify processes for reporting such leave, submitting documentation, correcting points, and delaying reports in emergencies. It further bars any attendance system that discourages employees from exercising rights to legally protected leave.

This section applies the powers, remedies, and procedures under section 107 of the Family and Medical Leave Act of 1993 to any person alleging an unlawful employment practice under section 222. It subjects covered entities that commit such practices to civil penalties not exceeding the amounts under section 17(a) of the Occupational Safety and Health Act of 1970, as adjusted annually for inflation, and authorizes the Secretary to collect the penalties through legal or administrative action.

This section directs the Secretary, in coordination with the Equal Employment Opportunity Commission and other relevant Federal agencies, to issue regulations within 2 years after enactment to implement this part. The regulations must be in an accessible format and include an example of a model no-fault attendance policy.

This section preserves the powers, remedies, and procedures under any other Federal, State, or local law that provides legally protected leave.

This section directs the Secretary of Labor to verify during any OSHA inspection of a covered establishment that the employer complies with the existing standard under 29 CFR 1910.141 for prompt employee access to toilet facilities. The Secretary must confirm that employers allow employees to leave work locations for toilet use when needed without punishment, provide an adequate number of facilities to prevent long lines, avoid unreasonable restrictions such as waiting lists or extended delays from locked doors or key sign-outs, and compensate employees for such breaks at their regular rate of pay under 29 CFR 785.18.

This section directs the Secretary of Labor to issue a proposed ergonomic standard for covered establishments within 1 year of enactment and a final standard within 30 months that requires hazard identification with employee participation, controls based on the hierarchy of controls such as rest breaks and job rotation, employee training on musculoskeletal disorder risks, and medical management including early reporting and referral. It also requires a proposed standard within 3 months and a final standard within 1 year mandating immediate referral of injured employees to medical professionals of their choice, plus occupational medicine consultation services by board-certified physicians. It authorizes $2 million for FY2026.

This section requires the Secretary of Labor to implement, within 30 days of enactment, a regional emphasis inspection program for covered establishments in every state where such establishments operate. The program must address amputation hazards, ergonomics, line-speed hazards, bathroom breaks, chemical exposures such as peracetic acid, and work in high or low temperatures. States with approved OSHA plans must adopt equivalent programs in affected regions. It further requires the Secretary to expand any inspection triggered by a referral, complaint, or fatality to all areas of the establishment upon finding, from injury records or employee interviews, that additional workplace dangers may threaten physical harm.

This section directs the Secretary of Labor to issue a proposed rule within one year and a final rule within two years under the Occupational Safety and Health Act allowing non-employee representatives authorized by workers, including persons affiliated with worker-based community organizations, to accompany inspectors during physical inspections of covered establishments and permitting off-site employee interviews upon request.

This section expands anti-retaliation protections under the Occupational Safety and Health Act by prohibiting discharge, retaliation, or discrimination against any employee for reporting injuries or unsafe conditions, refusing to violate the Act, or participating in safety-related proceedings. It establishes a separate complaint, investigation, and relief process for employees of meat and poultry establishments, with a 180-day filing deadline and a 90-day deadline for the Secretary to issue a decision on whether reasonable cause exists.

This section directs the Secretary to issue a final rule within one year of enactment on occupational injury and illness recording and reporting requirements, restoring the column for work-related musculoskeletal disorders as proposed on January 29, 2010 (75 Fed. Reg. 4728).

This section appropriates $60 million annually for fiscal years 2026 through 2031 to hire additional OSHA inspectors and to carry out workplace safety standards, inspections, and enforcement under sections 6, 8, and 11 of the Occupational Safety and Health Act of 1970.

This section requires covered establishments to report weekly during a pandemic the number of employees who contracted the disease (weekly and cumulative), their racial demographics, and employment status. It directs the Secretary to establish standardized reporting procedures and forms no later than one year after enactment or seven days after a pandemic declaration, whichever is sooner, and to publish the data online for public access. Covered establishments may not withhold the information on confidentiality or privacy grounds except for worker names. It also requires disclosure of all worksite chemicals to employees and contractors in their native language.

This section authorizes any aggrieved person to sue a covered establishment in federal district court, without regard to the amount in controversy or parties' citizenship, for violations of the Occupational Safety and Health Act of 1970 or this subtitle. It permits recovery of compensatory and punitive damages, attorney's fees, expert fees, and costs, and provides that administrative enforcement by the Secretary does not preclude such relief.

This section permits any employee (or the representative of such employee) at a place of employment subject to an imminent danger injunction proceeding under the Occupational Safety and Health Act to intervene unconditionally as a matter of right in the proceeding.

This section preserves the rights, privileges, and remedies of any employee under existing Federal or State law, common law, or collective bargaining agreements.