Bill Text: MS SB2668 | 2014 | Regular Session | Introduced
Bill Title: Agriculture; create the Mississippi Poultry Industry Sustainability Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2668 Detail]
Download: Mississippi-2014-SB2668-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Agriculture
By: Senator(s) Jones
Senate Bill 2668
AN ACT TO CREATE THE MISSISSIPPI POULTRY INDUSTRY SUSTAINABILITY ACT; TO DEFINE CERTAIN TERMS; TO PROVIDE THAT POULTRY WORKERS HAVE CERTAIN FUNDAMENTAL RIGHTS; TO REQUIRE POULTRY EMPLOYERS TO PROVIDE CERTAIN BENEFITS, SAFETY PRACTICES, ORIENTATION AND TRAINING OF NEWLY-HIRED WORKERS, TRAINING OPPORTUNITIES AND OTHER WORKPLACE GUIDELINES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that: (1) The poultry industry in Mississippi is an important business for the people of the state. It is an essential source of commerce, employment, and food for the people of Mississippi.
(2) As such, it is in the best interest of the State of Mississippi to promote and preserve the sustainability of the industry so that it shall continue to benefit residents of the state for years to come.
(3) A sustainable poultry industry needs a healthy. informed workforce.
(4) A sustainable healthy, informed workforce requires conditions that foster employees' long-term health and safety and that protect the integrity of workers' bodies and minds.
(5) The Legislature of Mississippi finds that the provisions of this act are necessary for the promotion and preservation of a healthy, informed workforce for Mississippi's poultry industry.
SECTION 2. The term "poultry employer" shall mean any individual, including a corporation, who employs one or more employees to work in or for an "establishment," as defined in Section 75-33-3(l)(d), for the slaughtering, butchering, meat processing, meat canning, meat packing, meat manufacturing or rendering, of poultry and ratites or the meat therefrom.
Workers in the poultry industry are entitled to certain fundamental rights. The following enumeration of these rights is for the purpose of establishing minimum workplace guidelines for workers in the poultry industry. These rights are enumerated in addition to all other rights provided by state or federal law. (1) Poultry employers shall respect all employee rights already protected under federal and state laws, such as the rights to report workplace hazards and injuries without facing retaliation, to meet with one's coworkers to discuss workplace concerns and to organize, and to receive adequate safety training and protective equipment.
(2) Poultry employers shall provide employees with access to adequate restroom facilities and shall permit employees to access such facilities at the time when employees need to use the restroom without substantial delay.
(3) Poultry employers shall provide employees with periodic meal and rest breaks, totaling no less than thirty (30) minutes of unpaid mealtime and fifteen (15) minutes of paid rest time during any shift. Each employee shall have the right to pause his or her work for short intervals in between the employee-scheduled rest periods when, in the good-faith estimation of the employee, his or her long-term health or safety requires brief respite from repetitive motion.
(4) Poultry employers shall establish, in each facility, a management/employee health and safety committee to meet on a regular basis to examine health and safety practices, to include, but not be limited to, safety issues relating to line speed, and implement the best safety practices for all employees in accordance with federal and state laws.
(a) Employees shall have the right and opportunity to choose no fewer than three (3) employee representatives to such management/employee health and safety committees.
(b) Employees shall have the right to file complaints with the plant safety committees without fear of reprisal in order to make the safety committee aware of safety concerns. The committee shall act promptly to assist the poultry employer in addressing safety and health dangers by making recommendations regarding corrective measures and notify the employee of the action taken. An employee shall also have the right to refer safety concerns to the appropriate state and/or federal agencies without fear of reprisal.
(5) Employees shall have the right to be paid the promised wage for all work performed.
(6) Poultry employers should provide ongoing training opportunities to employees for enhanced skill development and industry changes. Supervisors should be provided with opportunities to enhance their language skills in order to be conversant in the identified non-English language.
(7) An employee is entitled to understand his or her rights and obligations. The poultry employer shall provide an explanation in the employee's native language of that employee's rights and duties as an employee, including under applicable federal and state protections and poultry employer policies, either person-to-person or through written materials.
(8) Poultry employers shall, during orientation and training of newly hired employees, train all employees on how to fill out the Workers' Compensation Claim Form and shall provide all employees with a copy of such form.
(9) Poultry employers shall, during orientation and training of newly hired employees, train all employees on their rights with regard to filling out the Personal Physician Pre-Designation Form/Choice of Physician Form and shall provide all employees with a copy of such form.
(10) Poultry employers shall provide injured employees with a copy of their completed Workers' Compensation claim form and with a copy of the contact information for the poultry employer's Workers' Compensation insurance carrier.
(11) The right to be trained in Orientation on the Workers' Compensation benefits.
SECTION 3. The Workers Compensation Commission shall establish a plan for the collection of accurate worker injury and illness data in Mississippi's poultry processing industry.
SECTION 4. This act shall take effect and be in force from and after July 1, 2014.
