[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2526 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2526

To protect health care workers and first responders, including police, 
firefighters, emergency medical personnel, and other workers at risk of 
workplace exposure to infectious agents and drug resistant infections, 
                  such as MRSA and pandemic influenza.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2007

Mr. Menendez (for himself, Mr. Durbin, and Mr. Kennedy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To protect health care workers and first responders, including police, 
firefighters, emergency medical personnel, and other workers at risk of 
workplace exposure to infectious agents and drug resistant infections, 
                  such as MRSA and pandemic influenza.

    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 ``Worker Infection Protection Act''.

SEC. 2. PROTECTING WORKERS FROM INFECTIONS.

    (a) In General.--The Secretary of Labor and the Secretary of Health 
and Human Services shall jointly develop and issue workplace standards, 
recommendations, and plans to protect health care workers and first 
responders, including police, firefighters, emergency medical 
personnel, and other workers at risk of workplace exposure to 
infectious agents and drug resistant infections, such as Methicillin-
resistant Staphylococcus aureus (referred to in this Act as ``MRSA'') 
and pandemic influenza.
    (b) Workplace Safety and Health Standards.--
            (1) Temporary standard.--Not later than 6 months after the 
        date of the enactment of this Act, the Secretary of Labor, in 
        consultation with the Director of the National Institute for 
        Occupational Safety and Health, pursuant to section 6(c) of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)), 
        shall develop and issue an emergency temporary standard for the 
        protection of health care workers and first responders and 
        other workers at risk of exposure, to prevent occupational 
        exposure to infectious agents and toxins, such as MRSA and 
        pandemic influenza.
            (2) Permanent standard.--Not later than 6 months after the 
        issuance of the emergency temporary standard under paragraph 
        (1), the Secretary of Labor shall issue a final permanent 
        standard for occupational exposure to infectious agents and 
        toxins, including MRSA and pandemic influenza, under section 
        6(b) of the Occupational Safety and Health Act of 1970 (29 
        U.S.C. 655(B)).
            (3) Requirements.--The emergency temporary standard and 
        final permanent standard under paragraphs (1) and (2) shall, at 
        a minimum, provide for the following:
                    (A) The development and implementation of an 
                exposure control plan to protect workers from airborne 
                and contact hazards in accordance with the Guideline 
                for Protecting Workers Against Avian Flu issued by the 
                Occupational Safety and Health Administration (March 
                2004), the Centers for Disease Control and Prevention 
                Interim Recommendations for Infection Control in Health 
                Care Facilities Caring for Patients with Known or 
                Suspected Avian Influenza (issued May 21, 2004), and 
                the World Health Organization (WHO) Global Influenza 
                Preparedness Plan (issued April 2005).
                    (B) Personal protective equipment, in accordance 
                with the requirements of sections 1910.134 and 1910.132 
                of title 29, Code of Federal Regulations.
                    (C) Training and information in accordance with the 
                Occupational Safety and Health Administration 
                Bloodborne Pathogens standard under section 
                1910.1030(g) of title 29, Code of Federal Regulations.
                    (D) Appropriate medical surveillance for workers 
                exposed to infections agents, including MRSA or 
                pandemic influenza.
                    (E) Immunization against the pandemic influenza 
                virus, if such a vaccine has been approved by the Food 
                and Drug Administration and is available.
            (4) Effective date.--The temporary emergency standard 
        issued under paragraph (1) shall take effect not later than 90 
        days after the promulgation of such standard, except that the 
        effective date for any requirements for engineering controls 
        shall go into effect not later than 90 days after the 
        promulgation of the permanent standard under paragraph (2). The 
        provisions of the emergency temporary standard under paragraph 
        (1) shall remain in effect until the permanent standard takes 
        effect under paragraph (2).
    (c) Pandemic Influenza Preparedness Plan Revisions.--
            (1) Minimal requirements.--Not later than 30 days after the 
        date of the enactment of this Act, the Secretary of Health and 
        Human Services shall revise the provisions of the pandemic 
        influenza plan of the Department of Health and Human Services 
        to conform with the minimal worker protection requirements 
        described in subsection (b)(3).
            (2) Final standards.--Not later than 30 days after the 
        promulgation of a permanent standard under subsection (b)(2), 
        the Secretary of Health and Human Services shall modify the 
        pandemic influenza plan of the Department of Health and Human 
        Services to conform with the provisions of the occupational 
        safety and health standard issued by the Secretary of Labor 
        under such subsection.
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