GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   D

HOUSE DRH70050-LR-44  (2/5)

 

 

 

Short Title:        Poultry Worker Protection.

(Public)

Sponsors:

Representative Earle.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to PROTECT THE HEALTH OF EMPLOYEES OF POULTRY PROCESSING PLANTS BY AUTHORIZING THE STATE HEALTH DIRECTOR TO INSPECT THE PLANTS.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 16 of Chapter 95 of the General Statutes is amended by adding a new section to read:

"§ 95‑136.2.  Inspection of poultry processing plants.

(a)        The following definitions apply in this section:

(1)        Large processing plant. – An entity that processes poultry and employs more than 500 employees in this State.

(2)        Licensed medical professional. – Any one of the following persons licensed to practice in this State:

a.         A physician.

b.         A registered nurse, licensed practical nurse, or nurse practitioner acting under the supervision of a physician licensed to practice medicine in this State.

c.         A physician's assistant acting under the supervision of a physician licensed to practice medicine in this State.

(3)        Poultry processing plant. – An entity that processes poultry in this State.

(4)        State Health Director. – The officer appointed pursuant to G.S. 130A‑3 or that officer's designee.

(b)        Without abrogating the authority of the Commissioner, the State Health Director is delegated the authority of the Commissioner to inspect poultry processing plants pursuant to this Article. The purpose of the inspection shall be to review and investigate the medical evaluation, treatment, referral, record keeping, reporting, and possible causes of injuries, illnesses, or deaths within the poultry processing plant. The State Health Director shall provide a written report to the Director of the Occupational Safety and Health Division containing the findings of the inspection, including any deficiencies found. The Director of the Occupational Safety and Health Division shall review the report and shall take appropriate action to correct any deficiencies or violations.

(c)        The State Health Director shall have all powers to inspect the poultry processing plant under G.S. 95‑136, including, but not limited to, full and immediate access to any part of the poultry processing plant, the ability to question privately any employer, owner, operator, agent, or employee, and full and immediate access to any and all records. If access is denied, an administrative search warrant shall be obtained pursuant to G.S. 15‑27.2.

(d)        The State Health Director shall be permitted to examine, review, and obtain a copy of all records, reports, or other materials maintained by the Department of Labor pursuant to this Article. The Commissioner or Director shall be permitted to examine, review, and obtain a copy of all records, reports, or other materials maintained by the State Health Director pursuant to this Article.

(e)        In addition to complying with existing occupational safety and health record keeping requirements, poultry processing plants shall maintain a written log of all injuries and health concerns, including complaints of pain, whether or not the complaints reach any other threshold. The log shall include:

(1)        The name of the employee.

(2)        A description of the employee's injury or illness, the date that the symptom or symptoms were first noticed, and any action taken by a licensed medical professional or the plant management in response to the reported injury or illness.

(3)        The outcome of any treatment or referral.

Employees are free to report, and the employer shall not discourage, threaten, or prevent employees from reporting, the information required by this section.

(f)         The State Health Director shall make an annual report to the Governor, to the Speaker of the House of Representatives, to the President Pro Tempore of the Senate, and to the Commissioner of Labor on the findings of the inspection program, including any recommendations for additional legislation, regulation, or enforcement measures necessary to protect the health of workers in poultry processing plants."

SECTION 2.  This act becomes effective October 1, 2009.