II 110th CONGRESS 1st Session S. 2526 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.

1.

Short title

This Act may be cited as the Worker Infection Protection Act.

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.