[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3584 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3584
To direct the Secretary of Labor to issue an emergency temporary
standard that requires certain employers to develop and implement a
comprehensive infectious disease exposure control plan to protect
employees in the health care sectors and other employees at elevated
risk from exposure to SARS-CoV-2, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2020
Ms. Baldwin (for herself and Ms. Duckworth) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To direct the Secretary of Labor to issue an emergency temporary
standard that requires certain employers to develop and implement a
comprehensive infectious disease exposure control plan to protect
employees in the health care sectors and other employees at elevated
risk from exposure to SARS-CoV-2, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COVID-19 Workers First Protection
Act of 2020''.
TITLE I--COVID-19 EMERGENCY TEMPORARY STANDARD AND SURVEILLANCE,
TRACKING, AND INVESTIGATION OF WORK-RELATED CASES
SEC. 101. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.
(a) Emergency Temporary Standard.--
(1) In general.--In consideration of the grave risk
presented by COVID-19 and the need to strengthen protections
for employees, pursuant to section 6(c)(1) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655(c)(1)), not later
than 1 month after the date of enactment of this Act, the
Secretary of Labor shall, in consultation with the Director of
the Centers for Disease Control and Prevention, the Director of
the National Institute for Occupational Safety and Health, and
the persons described in paragraph (2), promulgate an emergency
temporary standard to protect from occupational exposure to
SARS-CoV-2--
(A) employees of health care sector employers;
(B) employees of employers in the paramedic and
emergency medical services, including such services
provided by firefighters and other emergency
responders; and
(C) employees in other sectors and occupations whom
the Centers for Disease Control and Prevention or the
Occupational Safety and Health Administration
identifies as having elevated risk.
(2) Consultation.--In developing the standard under this
subsection, the Secretary shall consult with professional
associations and representatives of the employees in the
occupations and sectors described in subparagraphs (A) through
(C) of paragraph (1) and the employers of such employees.
(3) Enforcement discretion.--If the Secretary of Labor
determines it is not feasible for an employer to comply with a
requirement of the standard promulgated under this subsection
(such as the provision of the necessary personal protective
equipment), the Secretary may exercise discretion in the
enforcement of such requirement if the employer demonstrates
that the employer--
(A) is exercising due diligence to come into
compliance with such requirement; and
(B) is implementing alternative methods and
measures to protect employees.
(4) Extension of standard.--Notwithstanding paragraphs (2)
and (3) of section 6(c) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 655(c)), the emergency temporary
standard promulgated under this subsection shall be in effect
until the date on which the final standard promulgated under
subsection (b) is in effect.
(5) State plan adoption.--With respect to a State with a
State plan that has been approved by the Secretary of Labor
under section 18 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 667), not later than 14 days after the date of
enactment of this Act, such State shall promulgate an emergency
temporary standard that is at least as effective in protecting
from occupational exposure to SARS-CoV-2 the employees in the
occupations and sectors described in subparagraphs (A) through
(C) of paragraph (1) as the emergency temporary standard
promulgated under this subsection.
(6) Employer defined.--For purposes of the standard
promulgated under this subsection, the term ``employer'' under
section 3 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 652) includes any State or political subdivision of a
State, except for those already subject to the jurisdiction of
a State plan approved under section 18(b) of the Occupational
Safety and Health Act of 1970.
(b) Permanent Standard.--Not later than 24 months after the date of
enactment of this Act, the Secretary of Labor shall promulgate a final
standard--
(1) to protect employees from occupational exposure to
infectious pathogens; and
(2) that shall be effective and enforceable in the same
manner and to the same extent as a standard promulgated under
section 6(b) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 655(b)).
(c) Requirements.--Each standard promulgated under this section
shall--
(1) require the employers of the employees in the
occupations and sectors described in subparagraphs (A) through
(C) of subsection (a)(1) to develop and implement a
comprehensive infectious disease exposure control plan;
(2) provide no less protection for novel pathogens than
precautions mandated by standards adopted by a State plan that
has been approved by the Secretary of Labor under section 18 of
the Occupational Safety and Health Act of 1970 (296 U.S.C.
667); and
(3) incorporate, as appropriate, the precautions for severe
acute respiratory syndrome (SARS) in the ``2007 Guideline for
Isolation Precautions: Preventing Transmission of Infectious
Agents in Healthcare Settings'' of the Centers for Disease
Control and Prevention and any subsequent updates.
SEC. 102. SURVEILLANCE, TRACKING, AND INVESTIGATION OF WORK-RELATED
CASES OF COVID-19 AMONG HEALTH CARE WORKERS.
The Director of the Centers for Disease Control and Prevention, in
conjunction with the Director of the National Institute for
Occupational Safety and Health, shall--
(1) collect and analyze case reports and other data on
COVID-19, to identify and evaluate the extent, nature, and
source of COVID-19 among employees in the occupations and
sectors described in subparagraphs (A) through (C) of section
101(a)(1);
(2) investigate, as appropriate, individual cases of COVID-
19 among such employees to evaluate the source of exposure and
adequacy of infection and exposure control programs and
measures;
(3) provide regular periodic reports on COVID-19 disease
among such employees to the public; and
(4) based on such reports and investigations make
recommendations on needed actions or guidance to protect such
employees from COVID-19.
TITLE II--APPLICATION OF THE PERMANENT COVID-19 STANDARD TO CERTAIN
FACILITIES RECEIVING MEDICARE FUNDS.
SEC. 201. IN GENERAL.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and'' at the
end;
(B) in subparagraph (Y), by striking at the end the
period and inserting ``; and''; and
(C) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) in the case of hospitals that are not
otherwise subject to the Occupational Safety and Health
Act of 1970 (or a State occupational safety and health
plan that is approved under section 18(b) of such Act)
and skilled nursing facilities that are not otherwise
subject to such Act (or such a State occupational
safety and health plan), to comply with the standard
promulgated under section 101(b) of the COVID-19
Workers First Protection Act of 2020.''; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), by inserting ``and a
hospital or skilled nursing facility that fails to
comply with the requirement of subsection (a)(1)(Z)
(relating to the standard promulgated under section
101(b) of the COVID-19 Workers First Protection Act of
2020)'' after ``Bloodborne Pathogens Standard)''; and
(B) in subparagraph (B)--
(i) by striking ``(a)(1)(U)'' and inserting
``(a)(1)(V)''; and
(ii) by inserting ``(or, in the case of a
failure to comply with the requirement of
subsection (a)(1)(Z), for a violation of the
standard promulgated under section 101(b) of
the COVID-19 Workers First Protection Act of
2020 by a hospital or skilled nursing facility,
as applicable, that is subject to the
provisions of such Act)'' before the period at
the end.
(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning on the date that is 1 month after the date of
promulgation of the permanent standard under section 101(b).
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