[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2343 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2343
To require the head of each agency to establish a safety plan relating
to COVID-19 for any worksite at which employees or contractors are
required to be physically present during the COVID-19 pandemic, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2021
Mr. Warner (for himself, Mr. Kaine, Mr. Cardin, Mr. Van Hollen, and Mr.
Brown) introduced the following bill; which was read twice and referred
to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the head of each agency to establish a safety plan relating
to COVID-19 for any worksite at which employees or contractors are
required to be physically present during the COVID-19 pandemic, 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 ``Chai Suthammanont Remembrance Act of
2021''.
SEC. 2. WORKSITE SAFETY FOR FEDERAL EMPLOYEES AND CONTRACTORS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Covered period.--The term ``covered period'' means the
period beginning on the date of enactment of this Act and
ending on the date on which the public health emergency
declared by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247) as
a result of the COVID-19 pandemic, or any renewal thereof,
terminates.
(3) Covered worksite.--The term ``covered worksite'' means
a worksite at which an employee of an agency or a contractor of
an agency (or subcontractor thereof at any tier) is required to
be present during the covered period.
(4) Worksite.--The term ``worksite''--
(A) in the case of an employee of the agency--
(i) means the location of the position of
record of the employee where the employee
regularly performs the duties of the employee;
and
(ii) does not include any location where
the employee teleworks (as defined in section
6501 of title 5, United States Code); and
(B) in the case of a contractor of the agency (or
subcontractor thereof at any tier), means the location
in a facility of the agency where the contractor or
subcontractor performs the duties of the contractor or
subcontractor under a contract with the agency, or a
subcontract thereof at any tier, as applicable.
(b) Issuance of Policies and Procedures by Agencies.--Not later
than 60 days after the date of enactment of this Act, the head of each
agency, in consultation with the Chief Human Capital Officer of the
agency and the Assistant Director of Administration of the agency (or
any individual holding an equivalent position) shall--
(1) establish, and publish on the website of the agency, a
safety plan containing procedures and policies for--
(A) covered worksites; and
(B) being present at a covered worksite; and
(2) communicate the plan established under paragraph (1) to
each employee of the agency and contractor of the agency (and
any subcontractor thereof at any tier) in such a manner as to
ensure that each employee and contractor acknowledges receipt
and understanding of the plan.
(c) Plan.--The safety plan required under subsection (b)(1) shall
include the following:
(1) A description of the efforts of the agency with respect
to mitigating the spread of COVID-19 at covered worksites,
including the following:
(A) A description of any personal protective
equipment that the agency provides or will provide to
any employee of the agency and contractor of the agency
(and any subcontractor thereof at any tier) physically
present at a covered worksite.
(B) A description of any procedures established by
the agency for--
(i) testing employees of the agency and
contractors of the agency (and any
subcontractor thereof at any tier) required to
be present at a covered worksite;
(ii) contact-tracing at covered worksites,
including procedures by which employees and
contractors (and any subcontractor thereof at
any tier) required to be present at a covered
worksites will be notified of a potential
exposure to an individual who is diagnosed with
COVID-19; and
(iii) administering the COVID-19 vaccine to
employees of the agency.
(2) Guidance on--
(A) any cleaning protocols to be implemented at
covered worksites;
(B) occupancy limits for covered worksites; and
(C) the use of appropriate face coverings by
employees of the agency and contractors of the agency
(and any subcontractor thereof at any tier) while
physically present at a covered worksite.
(3) A description of the actions that the agency is or will
be taking to protect employees of the agency who conduct
activities in an official capacity while not physically present
at a covered worksite from exposure to COVID-19, including
employees of the agency--
(A) who are required to travel in an official
capacity; or
(B) perform audits or inspections.
(4) A description of any requirements that members of the
public are required to meet in order to enter a facility in
which covered worksites are located.
(5) A description of any alternative option to being
physically present at a covered worksite that are available for
employees who--
(A) have a high risk of contracting COVID-19 (as
determined by the Director of the Centers for Disease
Control and Prevention); or
(B) live in a household with individuals that have
a high risk of contracting COVID-19 (as determined by
the Director of the Centers for Disease Control and
Prevention).
(6) A description of any rule or protocol regarding whether
employees of the agency required to be physically present at
covered worksites are--
(A) required to be fully vaccinated before being
present at covered worksites; or
(B) allowed to take leave--
(i) to get a dose of the COVID-19 vaccine;
or
(ii) upon experiencing severe side-effects
as a result of receiving any dose of the COVID-
19 vaccine.
(7) Protocols that ensure the continuity of operations,
including a plan to reverse any requirement for an employee or
contractor (or subcontractor thereof at any tier) to be present
at a facility in which covered worksites are located if there
is a surge in COVID-19 cases in the geographic area of the
facility.
(8) The hotline website and hotline telephone number of the
inspector general of the agency for employees of the agency and
contractors of the agency (and any subcontractor thereof at any
tier) to report to the inspector general any instance in which
the agency is not implementing the plan required under
subsection (b)(1).
(d) Delayed Applicability for Certain Worksites.--For any worksite
that the head of the agency has temporarily closed due to COVID-19, the
requirements of subsection (b) shall be carried out not later than 30
days before any employee of the agency or contractor of any agency (or
any subcontractor thereof at any tier) is required to be physically
present at such worksite.
(e) Inspectors General Reports.--Not later than 6 months after the
date of enactment of this Act, the inspector general of each agency
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and Reform of the
House of Representatives a report on whether the agency--
(1) has published and communicated the public safety plan
required under subsection (b)(1) in accordance with that
subsection; and
(2) implemented the plan described in paragraph (1).
(f) Application.--Nothing in this Act shall be construed to alter
or otherwise limit the rights and obligations afforded under chapter 71
of title 5, United States Code.
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