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.

PRIOR PRINTER'S NO. 361 PRINTER'S NO. 1809
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 406
Session of
2025
INTRODUCED BY TARTAGLIONE, SCHWANK, SAVAL, FONTANA, COLLETT,
KEARNEY, STREET, HUGHES, HAYWOOD, COSTA, KANE, L. WILLIAMS,
SANTARSIERO, FARRY, PISCIOTTANO AND PICOZZI, MARCH 10, 2025
SENATOR ROBINSON, LABOR AND INDUSTRY, AS AMENDED, JUNE 10, 2026
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.
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 an employer.
"Employer." A business that employs 100 or more employees at
a single facility, including independent contractors and
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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;
(5) egg production;
(6) processing of meat packing products;
(7) commercial packaging;
(8) the making, cooking, mixing, processing, bottling,
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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
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
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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
conditions at the facility.
(b) Committee membership.--
(1) The committee membership shall represent all primary
operations of the workplace.
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(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 office DEPARTMENT of the workplace, the
employer shall require a minimum number of employees AT LEAST
ONE EMPLOYEE from each office 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
representatives who are not employees at the facility.
(c) Committee formation.--
(1) An employer that has only one workplace within this
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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) Represent IDENTIFY AND COMMUNICATE the accident and
illness prevention concerns of employees for the employer.
(2) Review the employer's hazard detection and accident
and illness prevention programs and formulate written
proposals.
(3) Establish procedures for periodic workplace
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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
which shall include:
(i) Inspection reports.
(ii) Reports on specific hazards and corrective
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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.
(4) The training methodology.
(5) The names and credentials of personnel conducting
the training.
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(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
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 ACT.
Section 6. Anti-retaliation.
An employer may not penalize, discriminate against, dismiss
or discharge an employee for exercising any of the employee's
rights under this act.
Section 7. Enforcement and penalties.
Upon investigation and a determination by the department that
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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.
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