[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 184
To direct the Secretary of Labor to issue an emergency temporary
standard that requires operators to develop and implement a
comprehensive infectious disease exposure control plan to protect
miners from exposure to SARS-CoV-2, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2, 2021
Mr. Manchin (for himself, Mr. Warner, Mrs. Capito, Mr. Durbin, Mr.
Kaine, Mr. Casey, and Mr. Brown) 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 operators to develop and implement a
comprehensive infectious disease exposure control plan to protect
miners 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 Mine Worker Protection
Act''.
SEC. 2. EMERGENCY TEMPORARY AND PERMANENT STANDARDS.
(a) Emergency Temporary Health or Safety Standard.--
(1) In general.--In consideration of the grave risk
presented by COVID-19 and the need to strengthen protections
for miners, pursuant to section 101(b) of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 811(b)) and
notwithstanding the provisions of law and the Executive order
listed in paragraph (3), not later than 7 days after the date
of enactment of this Act, the Secretary of Labor shall
promulgate an emergency temporary health or safety standard to
protect miners from occupational exposure to SARS-CoV-2.
(2) Application of standard.--Pursuant to section 101(b)(2)
of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.
811(b)), the emergency temporary health or safety standard
promulgated under paragraph (1) shall be effective until
superseded by a mandatory health or safety standard promulgated
under subsection (b).
(3) Inapplicable provisions of law and executive order.--
The provisions of law and the Executive order listed in this
paragraph are as follows:
(A) Chapter 6 of title 5, United States Code
(commonly referred to as the ``Regulatory Flexibility
Act'').
(B) Subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork
Reduction Act'').
(C) The Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1501 et seq.).
(D) Executive Order 12866 (58 Fed. Reg. 190;
relating to regulatory planning and review), as
amended.
(b) Permanent Standard.--Pursuant to section 101(b)(3) of the
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811(b)(3)), the
Secretary shall promulgate a mandatory standard to protect miners from
occupational exposure to SARS-CoV-2.
(c) Requirements.--The standards promulgated under this section
shall--
(1) include a requirement that operators--
(A) with the input and involvement of miners or,
where applicable, the representatives of miners develop
and implement a comprehensive infectious disease
exposure control plan to address the risk of
occupational exposure to SARS-CoV-2; and
(B) provide to miners the necessary personal
protective equipment, disinfectant, ancillary medical
supplies, and other applicable supplies determined
necessary by the Secretary to reduce and limit exposure
to SARS-CoV-2 in coal or other mines;
(2) incorporate guidelines--
(A) issued by the Centers for Disease Control and
Prevention and the National Institute for Occupational
Safety and Health, which are designed to prevent the
transmission of infectious agents in occupational
settings; and
(B) from relevant scientific research on novel
pathogens; and
(3) include a requirement for the recording and reporting
of all work-related COVID-19 infections and deaths as set forth
in part 50 of title 30, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
SEC. 3. SURVEILLANCE, TRACKING, AND INVESTIGATION OF MINING-RELATED
CASES OF COVID-19.
The Secretary of Labor (acting through the Assistant Secretary for
Mine Safety and Health), in coordination with the Director of the
Centers for Disease Control and Prevention and 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 miners, including the prevalence of
and consequences of COVID-19 diagnoses among miners also
diagnosed with pneumoconiosis;
(2) investigate, as appropriate, individual cases of COVID-
19 among miners to evaluate the source of exposure and adequacy
of infectious disease exposure control plans;
(3) provide regular periodic reports on COVID-19 among
miners to the public; and
(4) based on such reports and investigations, make
recommendations on needed actions or guidance to protect miners
from COVID-19.
SEC. 4. DEFINITIONS.
The terms used in this Act have the meanings given the terms in
section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C.
802).
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