Title VI — Workplace health and safety provisions

S. 4591 · 117th Congress · Jul 21, 2022 · Lineage

VI Workplace health and safety provisions

Sec. 601 Definitions

In this title:

(1)

Cannabis industry— The term cannabis industry means any operation described in section 301 of the Federal Alcohol Administration Act, as added by section 511.

(2)

Employee; employer— The terms employee and employer have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).

(3)

Employer in the cannabis industry— The term employer in the cannabis industry means an employer engaged in any operation requiring a permit under section 301 of the Federal Alcohol Administration Act, as added by section 511.

(4)

Person— The term person has the meaning given such term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).

(5)

Secretary— The term Secretary means the Secretary of Labor.

(6)

Worker in the cannabis industry— The term worker in the cannabis industry means any individual performing work for remuneration in the cannabis industry.

Sec. 602 Finding regarding employers in the cannabis industry

Congress finds that employers in the cannabis industry are required to comply with occupational safety and health standards issued under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) and other regulations issued under such Act.

Sec. 603 Cannabis as a targeted topic for Susan Harwood training grant program

The Secretary shall, in awarding Susan Harwood training grants under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) for the 2 fiscal years following the date of enactment of this Act, designate cannabis as a targeted topic for such grants.

Sec. 604 Guidance on recommended practices

(a)

In general— Not later than 60 days after the date of enactment of this Act, the Assistant Secretary of Labor for Occupational Safety and Health and the Director of the National Institute for Occupational Safety and Health of the Department of Health and Human Services shall jointly issue guidance on recommended practices to protect workers in the cannabis industry.

(b)

Contents— The guidance required under this section shall—

(1)

address the hazards workers in the cannabis industry face throughout the life cycle of cannabis, including from cultivation to sale and resale;

(2)

provide methods to protect cannabis workers; and

(3)

indicate specific occupational safety and health standards promulgated under section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), and any other requirements through regulations issued under such Act, that apply to the cannabis industry, including an indication of any training requirement that employers in the cannabis industry are subject to under any occupational safety and health standard promulgated under such section 6 or under any other regulations issued under such Act.

Sec. 605 Workplace impact of cannabis legalization

(a)

Study—

(1)

In general— Not later than 1 year after the date of enactment of this Act, the Director of the National Institute for Occupational Safety and Health shall conduct research on the impact of the legalization of recreational cannabis by States on the workplace, which may include—

(A)

barriers for the Director and extramural partners in conducting occupational safety and health research with respect to cannabis, including to further identify potential hazards, characterize exposures, and evaluate associations between exposures and adverse health effects;

(B)

occupational health and safety training for workers in the cannabis industry;

(C)

the controls and actions taken by employers in the cannabis industry to protect workers and the effectiveness of such controls and actions;

(D)

efficacy of cannabis for treating occupational related injuries or illnesses; and

(E)

other topics as determined relevant by the Director.

(2)

Collaboration— In conducting the research under paragraph (1), the Director of the National Institute for Occupational Safety and Health may collaborate with the Occupational Safety and Health Administration, other relevant Federal departments and agencies, and relevant public and private stakeholders.

(3)

Appropriations— In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $2,000,000 for each of fiscal years 2023 through 2025 to carry out paragraph (1).

(b)

Best practices— Not later than 2 years after the date of enactment of this Act, the Director of the National Institute for Occupational Safety and Health shall develop a set of recommendations outlining policies, best practices, and training recommendations for use by employers that are planning to transition or update workplace policies related to the use of recreational cannabis.

Sec. 606 Grants for community-based education, outreach, and enforcement with respect to the rights of workers in the cannabis industry

(a)

Definition of eligible entity— In this section, the term eligible entity means—

(1)

a public or private nonprofit organization with experience educating workers of their rights; or

(2)

a partnership of organizations described in paragraph (1).

(b)

Program authorized— The Secretary shall award grants to eligible entities, on a competitive basis, to enable the eligible entities to carry out—

(1)

one or more activities to—

(A)

educate workers in the cannabis industry of their rights under Federal, State, and local civil rights, labor, and employment laws, with a focus on providing such education to such workers who are low-wage workers;

(B)

educate persons hiring workers in the cannabis industry regarding their obligations under such laws; or

(C)

connect and refer workers in the cannabis industry to additional services, as appropriate and available, to assist them in pursuing their rights under such laws; or

(2)

any other activity the Secretary may reasonably prescribe for the purposes of supporting workers in the cannabis industry.

(c)

Applications—

(1)

In general— An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2)

Partnership applications— In the case of an eligible entity that is a partnership, the eligible entity may designate, in the application, a single organization in the partnership as the lead entity for purposes of receiving and disbursing funds.

(3)

Contents— An application described in paragraph (1) shall include—

(A)

information on the training and education that will be provided through the grant to workers in the cannabis industry and persons hiring workers in the cannabis industry;

(B)

information on any geographic area targeted by the activities supported through the grant; and

(C)

the method by which the eligible entity will measure the results of the activities supported through the grant and a method by which the eligible entity will assess the demographics of the workers served by such activities.

(d)

Duration of grants— Each grant awarded under this section shall be for a period of not more than 3 years.

(e)

Amount of grants— Each grant awarded under this section shall be in an amount not to exceed $300,000.

(f)

Reporting requirements— Each eligible entity receiving a grant under this section shall, as determined by the Secretary, report to the Secretary the demographics of the workers served by the grant and the results of the activities supported by the grant as such demographics and results are measured by the methods described in the application submitted by the entity under subsection (c)(3)(C).

(g)

Appropriations— In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $15,000,000 for each of fiscal years 2023 through 2027 to carry out this section.