Text: H.R.3067 — 101st Congress (1989-1990)All Information (Except Text)

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HR 3067 IH
101st CONGRESS
1st Session
 H. R. 3067
To establish a system for identifying, notifying, and preventing illness
and death among workers who are at increased or high risk of occupational
disease, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
August 1, 1989
Mr. GAYDOS (for himself, Mr. KENNEDY, Mr. AUCOIN, Mr. HALL of Ohio, Mr. PENNY,
Mr. STARK, Mr. BRYANT, Mr. CONTE, Mr. OWENS of Utah, Mr. NOWAK, Mr. HAYES
of Illinois, Mr. MORRISON of Connecticut, Mr. MATSUI, Mr. PERKINS, Mr. FORD
of Michigan, Mr. FAUNTROY, Mr. DICKS, Mr. WEISS, Mr. CLAY, Mr. KOLTER,
Mr. FRANK, Mrs. COLLINS, Mr. HAMILTON, Mr. RICHARDSON, Mr. DYMALLY,
Mr. CROCKETT, Mr. PALLONE, Mr. FASCELL, Mr. BROWN of California, Mr. DE LA
GARZA, Mrs. BOXER, Mr. BILBRAY, Mr. OBEY, Mr. RUSSO, Ms. PELOSI, Mr. WILLIAMS,
Mr. LEVINE of California, Mrs. UNSOELD, Mr. KANJORSKI, Mr. LEVIN of Michigan,
Mr. GEJDENSON, Mr. DWYER of New Jersey, Mr. LEWIS of Georgia, Mr. MCCLOSKEY,
Mr. WHEAT, Mr. GUARINI, Mr. JONTZ, Mr. MCCURDY, Mr. ATKINS, Mr. OBERSTAR,
Mr. VENTO, Mr. FAZIO, Mr. COURTER, Mr. SABO, Mr. MCDERMOTT, Mr. KILDEE,
Mr. COYNE, Mr. SIKORSKI, Mr. EVANS, Mr. FORD of Tennessee, Mr. POSHARD,
Mr. ENGEL, Mr. FLORIO, Mr. FLAKE, Mr. OWENS of New York, Mr. KASTENMEIER,
Mr. MARKEY, Mr. SKAGGS, Mr. MURTHA, Mr. SAVAGE, Mr. WALGREN, Mr. STOKES,
Mr. AKAKA, Mr. MURPHY, Mr. WILSON, Mr. COOPER, Mr. MOAKLEY, Mr. KLECZKA,
Mr. GILMAN, Mr. MANTON, Mr. HAWKINS, Mr. MILLER of California, Mr. ACKERMAN,
Mr. BROOKS, Mr. DELLUMS, Mr. DIXON, Mr. ESPY, Mr. FOGLIETTA, Mr. KOSTMAYER,
Mr. MRAZEK, Mr. EDWARDS of California, Mr. MAVROULES, Mr. TORRES, Mr. PEASE,
Mr. BERMAN, Mrs. LOWEY of New York, Mr. PAYNE of New Jersey, Mr. FUSTER,
Mr. MOODY, Mr. VISCLOSKY, Mr. MARTINEZ, Mr. LANTOS, Mr. MFUME, Mr. MINETA,
Mr. ROYBAL, Mr. TOWNS, Mrs. SCHROEDER, Mr. LIPINSKI, Mr. BOSCO, Mr. TRAFICANT,
Mr. WAXMAN, Mr. BATES, Ms. KAPTUR, and Ms. OAKAR) introduced the following
bill; which was referred to the Committee on Education and Labor
A BILL
To establish a system for identifying, notifying, and preventing illness
and death among workers who are at increased or high risk of occupational
disease, 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 `High Risk Occupational Disease Notification
  and Prevention Act'.
SEC. 2. FINDINGS AND PURPOSE.
  (a) FINDINGS- The Congress finds that--
  (1) potentially hazardous substances, agents, and processes are in wide
  industrial and commercial use in the United States;
  (2) during the past two decades, considerable scientific progress has been
  made in--
  (A) the identification of hazardous substances, agents, and processes;
  (B) the identification of medical problems associated with exposure to
  such substances, agents, and processes; and
  (C) the diagnosis and treatment of diseases related to such exposure;
  (3) progress also has been made in controlling the exposure of individuals
  to such substances, agents, and processes;
  (4) despite the progress described in paragraphs (2) and (3), there are
  significant gaps in efforts to promote the health and safety of individuals
  exposed to such substances, agents, and processes;
  (5) a significant number of workers suffer disability or death or both
  from occupational diseases caused by hazardous occupational exposures;
  (6) diseases caused by exposures to occupational health hazards constitute
  a substantial burden on interstate commerce and have an adverse effect on
  the public welfare;
  (7) workers have a basic and fundamental right to know they have been
  and are being exposed to an occupational health hazard and are at risk of
  contracting an occupational disease;
  (8) there is a period of time between exposure and the onset of disease
  when it often is possible to intervene medically in the biological process
  of disease either to prevent or, by early detection, successfully treat
  many disease conditions;
  (9) social and family services that reinforce health promoting behavior
  can reduce the risk of contracting an occupational disease;
  (10) identifiable occupational populations are at risk of developing
  diseases because of exposure to occupational health hazards;
  (11) by means of established epidemiological, clinical, and toxicological
  studies, it is possible to define and identify very specific worker
  populations at risk of contracting occupational diseases;
  (12) there is no established national program for identifying, notifying,
  counseling, and medically monitoring worker populations at risk of
  occupational disease;
  (13) there is a lack of adequately trained health and human service
  professionals, as well as appropriately staffed and equipped health
  facilities to recognize and diagnose occupational diseases;
  (14) there is a need for increased research to identify and monitor worker
  populations at risk of occupational disease; and
  (15) through prevention and early detection of occupational disease the
  staggering costs of medical treatment and care in the United States can
  be substantially reduced.
  (b) PURPOSES- The purposes of this Act are--
  (1) to establish a Federal program to notify individual employees within
  populations at risk of occupationally induced disease that they are at
  risk because of exposure to an occupational health hazard, and to counsel
  them appropriately;
  (2) to authorize and direct the certification of health facilities which
  have a primary purpose of educating, training, and advising physicians and
  health and social service professionals in local communities throughout
  the United States to recognize, diagnose, and treat occupational disease;
  (3) to expand Federal research efforts to improve means of identifying
  and monitoring worker populations at risk of occupational disease; and
  (4) to establish a set of protections prohibiting discrimination against
  employees on the basis of identification and notification of occupational
  disease risk.
SEC. 3. DEFINITIONS.
  For the purposes of this Act--
  (1) The term `employee' means--
  (A) any individual currently employed by an employer, or
  (B) any individual formerly employed by an employer as to whom any Federal
  agency maintains records pertaining to work history or the employer
  maintains personnel records, medical records, or exposure records.
  (2) The term `employer' means any person engaged in commerce or in an
  industry or business affecting commerce, or any agency of Federal, State,
  or local government.
  (3) The term `Secretary' means Secretary of Health and Human Services.
  (4) The term `Institute' means the National Institute for Occupational
  Safety and Health.
  (5) The term `Board' means the Risk Assessment Board established by section
  4 of this Act.
  (6) The term `occupational health hazard' means a chemical, a physical,
  or a biological agent, generated by or integral to the work process and
  found in the workplace, or an industrial or commercial process found in
  the workplace, for which there is statistically significant evidence,
  based on clinical or epidemiologic study conducted in accordance with
  established scientific principles, that chronic health effects have
  occurred in employees exposed to such agents and processes. Such term
  includes chemicals that are carcinogens, toxic or highly toxic agents,
  reproductive toxins, irritants, corrosives, sensitizers, hepatoxins,
  nephrotoxins, neurotoxins, agents that act on the hematopoietic system,
  and agents that damage the lungs, skin, eyes, or mucous membranes.
  (7) The term `population at risk' means a class or category of employees--
  (A) exposed to an occupational health hazard under working conditions
  (such as concentrations of exposure, or durations of exposure, or both)
  comparable to the clinical or epidemiologic data referred to in paragraph
  (6); and
  (B) identified and designated as a population at risk of disease by the
  Board pursuant to section 4(b).
  (8) The term `hazard communication standard' means the standard contained
  in sections 1910.1200, 1915.99, 1917.28, 1918.90, and 1926.59 of title 29
  of the Code of Federal Regulations as in effect on October 1, 1987.
  (9) The term `medical monitoring' means periodic examinations or laboratory
  tests to diagnose or aid in the diagnosis of a disease that has been the
  subject of a notification, or the appropriate type of health counseling,
  or both, as determined by the Board for the disease associated with the risk.
  (10) The term `ethical manner' means conduct that recognizes the
  confidentiality of information evolving from the patient-physician
  relationship.
SEC. 4. RISK ASSESSMENT BOARD.
  (a) ESTABLISHMENT- (1) There is hereby established within the Department
  of Health and Human Services the Risk Assessment Board. The Board shall
  consist of 9 members, which shall include the Director of the Institute
  (who shall serve as chairman) and 8 members appointed by the Secretary
  from a list of nominees provided by the National Academy of Sciences that
  includes at least 3 nominees for each category of individuals required
  by paragraph (2). In making the appointments under this paragraph, the
  Secretary may request additional lists of nominees.
  (2) Of the 8 members appointed by the Secretary--
  (A) 4 shall be Government employees, including a board certified
  occupational physician, an epidemiologist, a toxicologist, and an
  occupational biostatistician; and
  (B) 4 shall be individuals who are not Government employees, including a
  board certified occupational physician, an epidemiologist, an occupational
  health nurse, and an industrial hygienist.
  (3) The members of the Board appointed by the Secretary shall be appointed
  for terms of 5 years except that--
  (A) of members first appointed, one of the members appointed under paragraph
  (2)(A) and one of the members appointed under paragraph (2)(B) shall be
  appointed, as designated at the time of their appointment, for each of
  the following terms: 2 years, 3 years, 4 years, and 5 years;
  (B) in the event a vacancy on the Board occurs prior to the expiration
  of a term, the Secretary shall ask the National Academy of Sciences to
  provide a list of nominees from which the Secretary shall appoint a member
  for the remainder of that term; and
  (C) upon the expiration of their terms, members may be reappointed if their
  names shall appear on the lists provided by the National Academy of Sciences.
  (4) The Institute shall provide full-time staff necessary to carry out
  the functions of the Board.
  (b) FUNCTIONS- (1) The Board shall--
  (A) review pertinent medical and other scientific studies and reports
  concerning the incidence of disease associated with exposure to occupational
  health hazards;
  (B) identify and designate from this review, and from field assessments where
  appropriate, those populations at risk of disease associated with exposure
  to occupational health hazards that should be notified pursuant to this Act,
  including the size, nature, and composition of the population to be notified;
  (C) develop an appropriate form and method of notification that will be
  used by the Secretary, or agents of the Secretary described under section
  5(h), to notify the designated populations at risk; and
  (D) determine the appropriate type, if any, of medical monitoring, or
  beneficial health counseling, or both, for the disease associated with
  the risk which shall be described in the notice pursuant to section 5(c).
  (2) In carrying out its responsibilities under this section, the Board shall,
  subject to the requirements of section 552a of title 5, United States Code,
  and other applicable provisions of Federal law, have access to information
  and data contained in the records of--
  (A) any Federal agency, or State or political subdivision of a State,
  solely for the purpose of obtaining names, addresses, and work histories
  of employees subject to notification under this section;
  (B) any employer insofar as Federal access is provided for under the
  Occupational Safety and Health Act of 1970 or the Federal Mine Safety and
  Health Act of 1977 or regulations promulgated pursuant thereto; and
  (C) any employer insofar as such information is maintained by such employer
  under a State or Federal law concerning occupational safety and health
  matters.
  (3) In identifying the populations at risk of disease, the Board shall
  consider the following factors based upon the best available scientific
  evidence:
  (A) the extent of clinical and epidemiologic evidence that specific
  substances, agents, or processes may be a causal factor in the etiology
  of chronic illnesses or long-latency diseases among employees exposed
  to such substances, agents, or processes in specific working conditions
  (such as concentrations of exposure, or durations of exposure, or both);
  (B) the extent of supporting evidence from clinical, epidemiologic, or
  toxicologic studies that specific substances, agents, or processes may
  be a causal factor in the etiology of chronic illnesses or long-latency
  diseases among persons exposed to such substances, agents, or processes;
  (C) the employees involved in particular industrial classifications and
  job categories who are or have been exposed to such substances, agents,
  or processes under working conditions (such as concentrations of exposure,
  or durations of exposure, or both) that may be a causal factor in the
  etiology of the illnesses or diseases;
  (D) the extent of the increased risk of illness or disease created by the
  occupational health hazard alone or in combination with other factors,
  including (but not limited to) smoking and diet;
  (E) other medical, health, and epidemiological factors, including
  consistency of association, specificity of association, strength of
  association, dose-response relationships, biological plausibility, temporal
  relationships, statistical significance, and the health consequence of
  notifying or failing to notify a population at risk; and
  (F) the extent to which risk has been reduced as a result of the promulgation
  of an applicable occupational substance-specific health standard.
  (4) If the Board, after considering the factors described in paragraph (3),
  identifies a long-latency disease among persons exposed to substances,
  agents, or processes, the Board may, in designating a population at risk
  that should be notified under paragraph (1)(B), limit such notification to
  persons whose exposure occurred within a time period that corresponds to,
  but encompasses, the period of latency of such disease.
  (5) In carrying out activities under this section, the Board is authorized to
  engage the services of experts in occupational health hazards and diseases
  related to those occupational health hazards.
  (c) PRIORITIES- (1) In designating populations at risk of disease for
  notification, the Board shall undertake, as its first priority, to designate
  employee populations exposed to occupational health hazards whose members
  are most likely to benefit from medical monitoring, or health counseling,
  or both. In making this designation, the Board shall consider exposures for
  which there exists a permanent standard promulgated under section 6(b)(5)
  of the Occupational Safety and Health Act of 1970 (29 U.S.C. 665(b)(5)),
  the extent of medical monitoring and surveillance already available to
  employee populations covered by the permanent standards, and the need to
  notify former employees as well as current employees.
  (2) For purposes of paragraph (1), the Board shall consider individuals
  who have been exposed to dioxin and health care and emergency care workers
  who have been exposed to acquired immune deficiency syndrome or the virus
  known as HTLV-III or LAV as members of employee populations most likely
  to benefit from medical monitoring, or health counseling, or both.
  (d) PROCEDURES- (1) For each population designated for notification,
  the Board shall issue a notice of proposed findings and recommendations.
  (2) The notice shall--
  (A) be published in the Federal Register;
  (B) set forth which classes or categories of employees are being considered
  for inclusion in a population at risk and the reasons for such inclusion;
  (C) provide for the public to submit written views on the proposed findings
  and recommendations within 60 days of the notice; and
  (D) provide for a hearing within 30 days after the conclusion of such
  60-day period, at which the public may express views on the Board's proposed
  findings and recommendations.
  (3) After its deliberations and the taking of public views, the Board shall
  issue its final findings and determinations within 60 days following the
  hearing. If the Board determines that a class or category of employees is
  a population at risk based on the record developed pursuant to paragraph
  (2) of this subsection, the Board shall, within 10 days of making such a
  finding and determination, transmit that finding and determination to the
  Secretary. Such finding and determination shall require that the individuals
  within such a population at risk be notified under section 5 of this Act.
  (4) Any aggrieved person may bring a civil action for mandamus in the
  appropriate United States district court if the final agency action is
  not completed within 160 days.
SEC. 5. EMPLOYEE NOTIFICATION AND COUNSELING.
  (a) ACTIONS BY THE SECRETARY- Upon presentation of final findings and
  determinations by the Board that a given class or category of employee is
  a population at risk of disease to be notified pursuant to this Act, the
  Secretary shall adopt those findings and determinations, without further
  notice and without public comment, unless the Secretary concludes that--
  (1) procedural requirements set forth in section 4(d) are not met, or
  (2) to do so will endanger the health and safety of a class or category
  of employees.
  (b) NOTIFICATION OF POPULATION AT RISK- (1) Upon adopting the findings
  and determinations of the Board that a given class or category of
  employee is a population at risk of disease, the Secretary shall make
  every reasonable effort to notify each individual within such population,
  and their respective employers, of that risk. The Secretary, through the
  Institute, shall be responsible for conducting the necessary notification,
  except as provided in subsection (h).
  (2) In addition, the Secretary may make simultaneous use of public service
  announcements and other means of notification appropriate to reach the
  population at risk.
  (3) In the case of employees for whom any exposure to the occupational health
  hazard occurred in the course of current employment, notification shall be
  transmitted by the Secretary to individual employees and to employers and be
  posted prominently by the employer in places at the worksite that are easily
  accessible to and frequented by the employees in the population at risk.
  (4) The Secretary shall establish procedures for notifying persons who
  have been subjects of epidemiological studies demonstrating findings of
  increased risk of occupational disease conducted by an agency within the
  Department of Health and Human Services and shall require such notification
  procedures be included in all future epidemiological studies by such agency.
  (c) EXEMPTION- (1) Within 30 days after the Board issues a final
  determination that a given class or category of employee is a population
  at risk of disease to be notified pursuant to this Act, an employer who
  employs or has employed employees within that population may apply to the
  Institute to have those employees exempted from the notification because
  they are not at risk of disease based on significant mitigating factors.
  (2) If the Institute concludes that any such application raises an issue
  of material fact which is subject to reasonable dispute, it shall publish
  a notice so stating in the Federal Register within 30 days after receiving
  the employer's detailed application and shall schedule a hearing on the
  disputed issues. All applications for exemption with respect to any one
  population at risk shall be consolidated into a single hearing and such
  hearing shall be concluded within 60 days following publication of such
  notice in the Federal Register.
  (3) While an application for exemption is pending before the Institute,
  the Secretary shall not proceed with the notification requirements of
  the Board's determination with respect to the affected employees of the
  employer or employers seeking such exemption.
  (4) Within 30 days after the conclusion of the hearing, or, where no
  hearing was conducted, within 30 days of the receipt of the application,
  the Institute shall grant an exemption from notification to any employer
  who has demonstrated by a preponderance of the evidence that his employees
  should not be included within the population at risk of disease and
  shall deny such exemption to all other employers. In determining whether
  an exemption shall be granted, the Institute shall take into account
  such mitigating factors as work practices, health and safety programs,
  engineering controls, or other factors that are fundamentally different
  from those used by the Board that substantially eliminate the risk of
  developing the occupational disease under examination.
  (5) No employer who has not applied for an exemption may benefit from a
  decision favorable to any other employer.
  (6) Determinations of the Institute pursuant to this subsection shall not
  be subject to judicial review.
  (d) CONTENTS OF NOTIFICATION- (1) The notification under subsection (b)
  shall include--
  (A) an identification of the occupational health hazard, including the name,
  composition, and properties of known chemical agents;
  (B) the disease or diseases associated with exposure to the occupational
  health hazard, and the fact that such association pertains to classes or
  categories of employees;
  (C) any known latency periods from time of exposure to time of clinical
  manifestation of the disease;
  (D) counseling appropriate to the nature of the risk including, but not
  limited to--
  (i) the advisability of initiating a personal medical monitoring program;
  (ii) the most appropriate type of medical monitoring or beneficial health
  counseling for the disease associated with the risk;
  (iii) the name and address of the nearest health center certified under
  this Act;
  (iv) the protections for notified employees, as established under section
  7 of this Act;
  (v) employer responsibilities with respect to medical monitoring for
  notified employees, as established under section 7 of this Act; and
  (vi) the telephone number of the `hot line' established under subsection
  (e) of this section.
  (2) If the notification transmitted under subsection (b) concerns an
  occupational health hazard for which the hazard communication standard
  requires the preparation and use of any material safety data sheet, such
  notification shall include the material safety data sheet or a concise
  summary of the information contained in such data sheet, or both. Such
  summary shall be written in a manner so as to be easily understood by the
  average employee.
  (e) TELEPHONE INFORMATION- The Institute shall establish a telephone
  `hot line' for the employees notified under this section and for their
  personal physicians for the purpose of providing additional medical,
  health, and scientific information concerning the nature of the risk and
  its associated disease.
  (f) DISSEMINATION OF INFORMATION- The Institute shall prepare and distribute
  other medical and health promotion materials and information on any risk
  subject to notification under this section and its associated disease as
  the Institute deems appropriate.
  (g) ACCESS TO INFORMATION- In carrying out the notification responsibilities
  under this section, the Secretary shall, subject to the requirements
  of section 552a of title 5, United States Code, and other applicable
  provisions of Federal law, have access to information and data contained
  in the records of--
  (1) any Federal agency, or State or political subdivision of a State,
  solely for the purpose of obtaining names, addresses, and work histories
  of employees subject to notification under this section;
  (2) any employer insofar as Federal access is provided for under the
  Occupational Safety and Health Act of 1970 or the Federal Mine Safety and
  Health Act of 1977 or regulations promulgated pursuant thereto; and
  (3) any employer insofar as such information is maintained by such employer
  under a State or Federal law concerning occupational safety and health
  matters.
  (h) COOPERATION WITH PRIVATE EMPLOYERS AND STATE AND LOCAL GOVERNMENTS-
  (1) In carrying out the notification responsibilities under this section,
  the Secretary shall cooperate with private employers and State and local
  governments and, upon request, may certify a private employer or a State
  or local government to transmit notification under this section, pursuant
  to subsection (d) of this section and in accordance with regulations issued
  by the Secretary.
  (2) No private employer or State or local government certified under
  this paragraph may receive payment for the cost of such notification from
  the United States, or have a right of access to Federal records for the
  purposes of carrying out the notification.
  (i) LIABILITY- The United States or any agency or employee thereof, including
  any employer or government acting pursuant to subsection (h) of this section,
  shall not be subjected to suit or judicial or nonjudicial proceedings of
  any kind that seek monetary damages with respect to or arising out of any
  act or omission pursuant to this Act. This subsection shall not apply to--
  (1) an employee of the United States for any act or omission that is a
  knowing and willful violation of a provision of this Act to the extent
  that Federal law otherwise authorizes suit against that individual for
  monetary damages; and
  (2) an employer or State or local government acting pursuant to subsection
  (g) of this section for any act or omission that is a knowing or reckless
  violation of a provision of this Act.
  (j) JUDICIAL REVIEW- (1) Any person adversely affected or aggrieved by a
  determination by the Board under this Act that a given class or category
  of employees is or is not a population at risk of disease to be notified
  under the Act is entitled to judicial review of that determination in
  the appropriate United States Court of Appeals upon a petition filed in
  such court by such person. Any petition filed pursuant to this section
  shall be filed within 30 days after the adoption of such determination by
  the Secretary.
  (2) A copy of any petition filed under paragraph (1) shall be promptly
  transmitted to the Secretary by the clerk of the court. The Secretary shall
  file in the court, as provided in section 2112 of title 28, United States
  Code, the record of the proceedings of the Board on which the determination
  is based.
  (3) The determination of the Board shall be subject to review in accordance
  with section 706 of title 5, United States Code.
  (4) The commencement of proceedings under this subsection shall not operate
  as a stay of the action of the Secretary to notify employees unless the
  court specifically orders a stay based upon a determination by the court
  that the complaining party is highly likely to succeed on the merits.
SEC. 6. HEALTH CENTERS; RESEARCH, TRAINING, AND EDUCATION.
  (a) Health Centers-
  (1) ESTABLISHMENT OF CENTERS- (A) Within 90 days after the effective date of
  this Act, the Secretary shall establish and certify 10 health centers. The
  Secretary, in selecting the 10 health centers, shall choose from among the
  education resource centers of the Institute and similar facilities of the
  National Institute for Environmental Health Sciences, the National Cancer
  Institute, and other private and governmental organizations that apply for
  such designation by the Secretary. The Secretary shall consider regional
  distribution in selecting the 10 health centers. At a later date, but not
  more than 5 years after the effective date of this Act, the Secretary shall
  establish and certify additional health centers from among the health care
  facilities described in this paragraph so as to obtain no less than one
  center per State throughout the United States.
  (B) Such centers and personnel assigned to them shall be selected on the
  basis of--
  (i) their demonstrated ability and experience in the recognition, diagnosis,
  and treatment of occupationally related diseases in an ethical manner, and
  (ii) their capability to offer training and assistance to physicians
  and health and social service professionals engaged in the management
  of populations and individuals at risk of occupational disease, and to
  fulfill other functions assigned to them under this section.
  (C) Such centers shall be certified under criteria developed by the
  Secretary.
  (2) FUNCTIONS OF CENTERS- The centers shall--
  (A) provide education, training, and technical assistance to personal
  physicians and health and social service professionals who serve employees
  notified under section 5 of this Act; and
  (B) be capable, in the event that adequate facilities are not otherwise
  reasonably available, of providing diagnosis, medical monitoring and family
  services, and treatment for employees notified under section 5 of this Act.
  (3) COST OF TRAINING AND EQUIPMENT- The Secretary shall, from funds
  appropriated under this Act, reimburse the health centers certified under
  this section for the cost of developing a training program and procuring
  specialized equipment required under the certification criteria developed
  pursuant to paragraph (1) of this subsection.
  (b) IMPROVED METHODS OF MONITORING AND IDENTIFICATION- The Secretary shall,
  from amounts available under section 10(b) of this Act, make grants to
  certified health centers, schools of public health and other institutions,
  and organizations that meet criteria established by the Secretary to
  conduct research, training, and education aimed at improving the means
  of assisting employees exposed to occupational health hazards and the
  means of identifying worker populations exposed to such hazards. Such
  research, training, and education shall include (but not be limited to)
  the following areas:
  (1) studying the etiology and development of occupationally related diseases
  and the disabilities resulting from such diseases;
  (2) developing means of medical monitoring of employees exposed to
  occupational health hazards;
  (3) examining the types of medical treatment of workers exposed to
  occupational health hazards and means of medical intervention to prevent
  the deterioration of the health and functional capabilities of employees
  disabled by occupational disease;
  (4) studying and developing medical treatment and allied social services
  for employees exposed to occupational health hazards;
  (5) developing education programs designed to train physicians, health,
  and social services professionals to assist employees and their families
  in undertaking measures which ameliorate the effects of those diseases; and
  (6) sponsoring epidemiological, clinical, and laboratory research to
  identify and define additional employee populations at risk of disease
  from exposure to an occupational health hazard.
  (c) Education-
  (1) GRANTS TO INSTITUTIONS WITH EXISTING PROGRAMS- (A) The Secretary may
  make grants to, and enter into contracts with, schools of medicine and
  schools of nursing in which occupational medicine or occupational health
  programs exist on the date of enactment of this section to assist such
  programs in meeting the costs of providing projects--
  (i) to provide continuing education for faculty in departments of internal
  medicine and family medicine or in schools of nursing in order to enable
  such faculty to provide instruction in the diagnosis and treatment of
  occupational diseases;
  (ii) to develop, publish, and disseminate curricula and training materials
  concerning occupational medicine or health for use in undergraduate medical
  or nursing training; or
  (iii) to establish, for residents in graduate medical education programs
  in internal medicine, family medicine, and other specialties with a
  primary care focus, or in graduate nursing programs in schools of nursing,
  training programs in occupational medicine or health consisting of clinical
  training, for periods of between 1 and 4 months, in settings such as
  medical facilities, union offices, and industrial worksites.
  (B) In making grants and entering into contracts under this paragraph,
  the Secretary shall give preference to applicants which demonstrate--
  (i) the ability to recruit a significant number of participants to
  participate in the project to be carried out under the grant or contract
  (in the case of a project described in subparagraph (A) (i) or (iii)
  of this paragraph); and
  (ii) expertise and experience in the provision of continuing education
  in occupational medicine or health (in the case of a project described in
  subparagraph (A)(i)) or the provision of residency training in occupational
  medicine or health (in the case of a project described in subparagraph
  (A)(iii)).
  (2) GRANTS TO SUPPORT NEW PROGRAMS- (A) The Secretary may make grants to,
  and enter into contracts with, schools of medicine and schools of nursing
  in which, on the date of enactment of this section, there do not exist
  training programs in occupational medicine or health. The purpose of grants
  and contracts under this paragraph is to provide support for projects
  to provide training in occupational medicine or health for faculty who
  are certified in internal medicine or family medicine by the appropriate
  national medical specialty board or faculty who have similar qualifications
  in professional nursing.
  (B) Each project for which a grant or contract is made under this paragraph
  shall--
  (i) be based in a graduate medical education program in internal medicine
  or family medicine or in graduate programs in a school of nursing;
  (ii) have an arrangement with an accredited training program in occupational
  medicine or health for the provision of training in occupational medicine
  or health to the faculty selected by the recipient of the grant or contract
  under this subsection; and
  (iii) have a plan for the use of the faculty receiving training with a
  grant or contract under this section to provide education and training in
  occupational medicine or health to other individuals.
  (3) MINIMUM NUMBER OF GRANTS- The Secretary shall, during the period
  October 1, 1990, through September 30, 1993, make grants and contracts to
  not less than 10 schools of medicine or schools of nursing under paragraphs
  (1) and (2) of this subsection.
  (4) SOURCES OF FUNDS- Unexpended amounts described in section 10(a) of
  this Act shall be available to carry out this subsection.
  (5) DEFINITIONS- For the purpose of this subsection--
  (A) the term `graduate medical education program' has the same meaning as
  in section 788(e)(4)(A) of the Public Health Service Act; and
  (B) the term `school of nursing' has the same meaning as in section 853(2)
  of such Act.
SEC. 7. EMPLOYEE MEDICAL MONITORING, DISCRIMINATION, AND CONFIDENTIALITY.
  (a) EMPLOYEE MEDICAL MONITORING- (1) Upon the request of any employee
  notified under section 5(b) of this Act, the testing, evaluation, and medical
  monitoring recommended by the Board with respect to the occupational health
  hazard for which that employee received notice shall be provided or made
  available by the current employer--
  (A) at no additional cost to the employee (above any existing employee
  health care contribution) if any part of such exposure occurred in the
  course of the employee's employment by that employer; or
  (B) at a charge to the employee not exceeding the additional cost to the
  employer (above any existing employer health care contribution), or at no
  charge, if no part of such exposure occurred in the course of the employee's
  employment by that employer.
  (2) The means of providing medical monitoring shall be left to the judgment
  of the employer and his medical representative insofar as the means is
  consistent with sound and approved medical practices.
  (3)(A) An employer with 50 or fewer employees may not be required to
  pay more than $250 for medical monitoring requested in connection with a
  notification under this Act for any employee in any year.
  (B) The dollar amount specified in subparagraph (A) shall be adjusted
  annually based on the percentage change in the consumer price index for
  medical care services, as maintained by the Bureau of Labor Statistics. The
  Secretary shall publish such adjusted dollar amounts in the Federal Register.
  (4) The Secretary shall develop a means for providing medical monitoring
  for any seasonal agricultural worker who has not been employed by a single
  employer for more than 6 months of continuous employment and may consider
  facilities such as (or similar to) migrant health centers.
  (5) An employer shall not be required to duplicate any medical monitoring
  already required under a permanent health standard promulgated under
  section 6(b)(5) of the Occupational Safety and Health Act of 1970 (29
  U.S.C. 665(b)(4)), or under section 101(d) of the Federal Mine Safety Act
  of 1969 (30 U.S.C. 811(d)).
  (b) Discrimination Prohibited-
  (1) No employer or other person shall discharge or in any manner discriminate
  against any employee or any applicant for employment on the basis that the
  employee or applicant is or has been a member of a population that has been
  determined by the Board to be at risk of disease. This subsection shall
  not prohibit an employer from refusing to employ an applicant who is or
  has been a member of a population at risk with respect to an occupational
  health hazard in a position requiring exposure to the same occupational
  health hazard.
  (2) An employer with 50 or fewer employees may transfer an employee who
  is or has been a member of a population at risk to another job without
  violating this subsection so long as the new job has earnings, seniority,
  and other employment rights and benefits as comparable as practicable
  to the job from which the employee has been removed. In providing such
  alternative job assignment, the employer shall not violate the terms of
  any applicable collective bargaining agreement.
  (c) BENEFIT REDUCTION PROHIBITED-
  (1) If, based on a determination by the Board under this Act, an initial
  medical determination is made by the employee's physician that an employee
  who is a member of a population at risk shows evidence of the development
  of the diseases described in the notification, or other objective symptoms
  and conditions increasing the likelihood of the manifestation of such
  disease, that employee shall have the option of being transferred to a less
  hazardous or nonexposed job. If within 10 working days after the employee
  has exercised such transfer option and transmitted to the employer that
  determination, the employer's medical representative has not requested
  independent reconsideration of the employee's transfer determination,
  the employee shall be removed to a less hazardous or nonexposed job and
  shall maintain the earnings, seniority, and other employment rights and
  benefits as though the employee had not been removed from the former job.
  (2) If the employer's medical representative requests independent
  reconsideration of the initial determination, the employee's medical
  representative shall, within 14 working days of the transmittal of the
  transfer determination, submit the matter to another mutually acceptable,
  qualified independent physician for a final medical determination. Such
  final determination shall be made within 21 working days of the transmittal
  of the transfer determination, unless a longer period is agreed to by
  the parties. If the two medical representatives have been unable to agree
  upon the third physician, the Secretary or the Secretary's local designee
  for such purpose shall immediately, at the request of the employee or the
  employee's physician, appoint a qualified independent physician who shall
  make the final medical determination within such 21-working-day period
  (or within such longer period as is agreed to by the parties). The employer
  shall bear all costs related to the procedure required by this paragraph.
  (3) The medical removal protection described in this subsection shall be
  provided for as long as a less hazardous or nonexposed job is available. The
  availability of such a job shall depend on the employee's skills,
  qualifications, and aptitudes, and the job's requirements. Where such a
  job is not available, medical removal protection shall be provided for a
  period not to exceed 12 months. The employer may condition the provision of
  medical removal protection upon the employee's participation in follow-up
  medical monitoring for the occupational health effects in question, based
  on the procedure required by this subsection. The employer's obligation to
  provide medical removal protection benefits shall be reduced to the extent
  that the employee receives worker's compensation, disability compensation,
  or other compensation for earnings lost during the period of removal,
  or receives income from employment with another employer made possible by
  virtue of the employee's removal.
  (4) No actions may be brought for any claim based on a good faith
  determination made by a physician in carrying out such responsibilities
  under this subsection.
  (5) Provisions for medical removal protection under this subsection shall
  not apply if--
  (A) a medical removal protection procedure already exists under a standard
  promulgated under the Occupational Safety and Health Act of 1970 or the
  Federal Mine Safety and Health Act of 1977 for the occupational health
  hazard for which the employee has been or is being notified; or
  (B) in providing such alternative job assignment, the employer is required
  to violate the terms of any applicable collective bargaining agreement,
  or is required to displace, lay off, or terminate any other employee.
  (5) Provisions for medical removal protection under this subsection shall
  not apply to any seasonal agricultural worker employed by an employer for
  less than 6 months of continuous employment.
  (6) An employer is not required to provide medical removal protection for
  employees if the employer--
  (A) has 50 or fewer full-time employees at the time medical removal
  protection is requested, and
  (B) has made or is in the process of making a reasonable good faith effort
  to eliminate the occupational health hazard that is the basis for the
  medical removal decision.
  (d) CONFIDENTIALITY- Any records of the identity, diagnosis, prognosis,
  or treatment of an individual employee which are maintained in connection
  with the performance of any function authorized by this Act shall be
  confidential and may be disclosed only--
  (1) if necessary to perform any function authorized by this Act, including
  the performance of medical monitoring; or
  (2) with the written consent of such individual employee or the employee's
  personal representative, as designated in writing.
  (e) REVIEW OF COMPLAINTS- (1) Any employee who is aggrieved by a violation
  of this section, may, within 6 months after such violation occurs, apply to
  the Secretary of Labor for a review of such alleged violation. Upon receipt
  of such application, the Secretary of Labor shall cause an investigation to
  be made as he deems appropriate. If upon such investigation the Secretary
  of Labor determines that the provisions of this section have been violated,
  he shall bring an action in any appropriate United States district court. In
  any such action, the United States district courts shall have jurisdiction
  for cause shown to restrain violations of this section and to order all
  appropriate relief under this section.
  (2) Within 90 days of the receipt of the application filed under this
  subsection, the Secretary of Labor shall notify the complainant of his
  determination under paragraph (1) of this subsection. If the Secretary
  of Labor finds that there was no such violation, he shall issue an order
  denying the application.
  (f) REINSTATEMENT AND OTHER RELIEF- Any employee who is discriminated
  against in violation of this section shall be restored to his or her
  employment and shall be compensated for--
  (1) any lost wages (including fringe benefits and seniority);
  (2) costs associated with medical monitoring that are incurred while the
  violation continues; and
  (3) costs associated with bringing the allegation of violation.
  (g) CIVIL PENALTIES- Any person or institution that violates this section
  shall be liable for a civil penalty of not less than $1,000 or more than
  $10,000 for each violation as may be determined by the Secretary of Labor.
SEC. 8. ENFORCEMENT AUTHORITY.
  (a) INJUNCTIVE RELIEF- Whenever the Secretary determines that any person
  or institution has engaged, is engaged, or is about to engage in an act
  or practice constituting a violation of this Act or any rule or regulation
  promulgated under this Act, the Secretary may bring an action in the proper
  United States district court to enjoin such acts or practices, and upon a
  proper showing an injunction or permanent or temporary restraining order
  shall be granted without bond. The provisions of section 5(i) shall not
  limit the authority of the Secretary under this subsection.
  (b) EFFECT ON OTHER LAWS AND PROHIBITION ON THE USE OF BOARD DETERMINATIONS-
  (1) In connection with any claim for compensation, loss, or damage brought
  under State or Federal law, the following may not serve as a legal basis
  for or be introduced as evidence in connection with such claim:
  (A) a finding or determination of the Board, or an action by the Secretary
  based on such finding or determination, that an employee is or is not a
  member of, or that an employee population is or is not, a population at
  risk of disease as determined under this Act;
  (B) evidence that an employee or employee population is or is not about
  to receive (or has or has not received) notification under this Act; and
  (C) evidence that medical monitoring or evaluation is or is not to be
  initiated (or has or has not been initiated) under this Act.
  (2) With respect to any claim for compensation, loss, or damage under
  State or Federal law, nothing in this Act shall preclude the admission
  into evidence of--
  (A) the results of any medical monitoring or evaluation;
  (B) any medical and other scientific studies and reports concerning the
  incidence of disease associated with exposure to occupational health
  hazards; or
  (C) any data related to exposure to occupational health hazards for
  individual employees.
  (3) Notification pursuant to this Act shall not be relevant in determining
  whether such a claim is timely under any applicable statute of limitations.
  (4) No person shall bring any tort or workers' compensation claim based on
  mental or emotional harm, fear of disease, or stress resulting, directly or
  indirectly, from any report, finding, notice, medical evaluation decision,
  or monitoring decision made under this Act, from any other action taken under
  this Act, or from any failure to take an action required by this Act. Such
  prohibition applies whether the person seeking to bring such a claim--
  (A) has been directly subject to such a report, finding, notice, medical
  evaluation decision, monitoring decision, other action, or failure of
  required action; or
  (B) has learned about such a report, finding, notice, medical evaluation
  decision, monitoring decision, other action, or failure of required action
  that directly affected another person.
SEC. 9. REPORTS TO CONGRESS.
  (a) HAZARD COMMUNICATION STANDARD REPORT- The Secretary of Labor shall
  report to the Congress annually, not later than January 15 of each year,
  regarding implementation and enforcement of the hazard communication
  standard. The report shall include detailed information on--
  (1) monitoring and enforcement of noncompliance, significant areas of
  noncompliance, penalties assessed, and steps taken to correct noncompliance;
  (2) evaluation of the effectiveness of the standard, the material safety
  data sheets, and training and education programs for employees; and
  (3) efforts to assist employers in complying with the standard.
  (b) OCCUPATIONAL DISEASE NOTIFICATION REPORT- The Secretary shall report to
  the Congress annually, not later than January 15 of each year, regarding
  the implementation and enforcement of notification under this Act. The
  report shall include detailed information on--
  (1) numbers, types, and results of notifications carried out pursuant to
  this Act; and
  (2) research efforts carried out pursuant to this Act.
SEC. 10. AUTHORIZATIONS.
  (a) IN GENERAL- There are authorized to be appropriated $25,000,000 for
  each of the fiscal years 1989 and 1990, and $30,000,000 for each of the
  fiscal years 1991, 1992, and 1993 to carry out the provisions of this Act.
  (b) GRANTS FOR IMPROVED METHODS OF MONITORING AND IDENTIFICATION- Of the
  total amount appropriated under subsection (a) for each fiscal year, no
  less than $4,000,000 shall be available to carry out the activities under
  section 6(b) of this Act.
  (c) MEDICAL MONITORING FOR SEASONAL AGRICULTURAL WORKERS- Of the total
  amount appropriated under subsection (a) for each fiscal year, no less
  than $1,000,000 shall be available to the Secretary to carry out activities
  under section 7(a)(4).
SEC. 11. EFFECT ON OTHER RIGHTS AND REMEDIES.
  The rights and remedies provided by this Act are in addition to, and not
  in lieu of, any rights and remedies available under any other law.
SEC. 12. EFFECTIVE DATE.
  Except as may be otherwise provided therein, the provisions of this Act
  shall become effective January 1, 1990, or 6 months after the date of
  enactment of this Act, whichever occurs first, except that--
  (1) the Board shall be appointed within 60 days after the date of enactment
  of this Act; and
  (2) the Secretary shall issue regulations necessary to administer this
  Act within 120 days after the date of enactment of this Act.